Convicting the Innocent
DNA Exonerations Database

Victor Ortiz

First Name Victor
Last NameOrtiz
Year of Conviction1984
Year of Exoneration1996
State of ConvictionNew York
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeHispanic
Description / Quotes from Testimony Concerning Defense

Missing defense case portion of trial transcript

Types of evidence at trial
  • Eyewitness
Identity of eyewitness
  • Intraracial Identificaiton
  • Victim
Lineup Procedures
  • Showup
Suggestive Procedures

Yes ● Show-up –victim saw defendant months after attack, asked defendant to meet him at her school the next day, and pointed him out to police, who arrested him absent any other identification procedure

Unreliable Identification?


Highest level reachedFederalHabeas
Claims Raised During All Appeals and Postconviction
  • Fabrication of Evidence
  • Ineffective Assistance of Counsel
  • Jackson Claim
  • Jury Instructions
  • Prosecutorial Misconduct
  • Right to Counsel
  • Sentencing — Noncapital
  • Sixth Amendment
  • State Law Evidence Claim
Harmless Error Rulings
  • G
Citations to judicial opinions

People v. Ortiz, 143 A.D.2d 150 (N.Y. App. Div. 2 Dept. 1988)
Ortiz v. Walker, 104 F.3d 349 (2d Cir. 1996)
People v. Ortiz, 531 N.E.2d 667(N.Y. 1988) (Table)

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