Post by Deleted on Jul 28, 2015 5:58:55 GMT
There's a lot on the web about the James Ochoa case in OC and prosecutor misconduct. Part of the case involved an OC prosecutor trying to influence a Sheriff's lab technician to change her determination on the DNA. She claimed that it's not unusual for them to ask techs to change their determination. Pretty interesting that DNA determinations can be changed if they don't agree with a prosecutor and are the opinion of the tech instead of written in stone.
Despite the lab tech showing a non match of the DNA to Ochoa in the case, prosecutors went ahead with the charges anyway and a judge threatened him he would get 25 years to life if found guilty (yet armed rapists often get lighter sentences), so he did. He was sent to prison where he was stabbed, before they just happened to get a DNA cold hit on the real perpetrator. Imagine what he would have dealt with in prison if he had to be imprisoned longer. This all happened during the timeframe of the current allegations against the Sheriff's and D.A.'s office.
"According to news reports, prosecutors attempted to exert pressure on a crime lab analyst who conducted the tests that exonerated Ochoa. The Orange County Weekly has reported that a deputy district attorney contacted the lab and asked an analyst to change her report – to indicate that Ochoa could have been the perpetrator – before sharing it with Ochoa’s defense attorneys. The lab analyst refused to change the report.
The Guilty Plea:
Ochoa said that he was home all night on the night of the crime. At least five family members confirmed his story. Attorney Scott Borthwick represented Ochoa pro bono. A judge threatened Ochoa with a sentence of 25 years to life in prison if a jury found him guilty, and against his attorney’s advice, Ochoa accepted a plea bargain in December 2005 that led to a sentence of two years in prison.
Post-Conviction:
In October 2006, a man named Jaymes T. McCollum entered the Los Angeles County Jail on unrelated carjacking charges. When McCollum’s DNA was entered into CODIS, Buena Park police officer Pete Montez saw that McCollum matched the unknown male profile from Ochoa’s case. When Montez confronted him with this information, McCollum confessed to the May 2005 carjacking. The officer informed the Orange County district attorney, who filed a People’s Petition for Immediate Habeas Corpus Relief on October 18, 2006.
The next day, the same judge who tried Ochoa vacated the conviction. On October 20, 2006, at 6:30AM, correctional officials told Ochoa that he was leaving. Ochoa did not know about the CODIS hit or that his sentence had been vacated. He was not represented by an attorney at the time. He got a ride back to Orange County in a car from the district attorney’s office after officials bought him lunch and a set of clothing, sixteen months after he had been arrested for a crime he did not commit.
- See more at: www.innocenceproject.org/cases-false-imprisonment/james-ochoa#sthash.272N0Uet.dpuf