ourteen months after the 1983 sexual assault of a jogger in Austin, Carlos Lavernia became the primary suspect after the victim was shown three photo lineups and stated that Lavernia was the only one that “anywhere near resembled” her attacker.
Carlos Lavernia spent nearly sixteen years in prison due to a mistaken eyewitness identification.
Based on this identification, police came to suspect Lavernia for a string of seven similar attacks in the area. The other victims were also shown a photo lineup that included Lavernia and two victims identified him. Lavernia was placed in a physical lineup and was identified by two of the victims-the Austin jogger victim and another victim who identified him in the photo lineup. Two additional victims identified a filler standing next to Lavernia in the physical lineup. Lavernia was charged with the two rapes in which identifications had been made, and the Austin jogger case went to trial first. Lavernia was convicted of aggravated rape and sentenced to ninety-nine years in prison. The second case against Lavernia was dropped after this conviction and sentence.
In 1999, Lavernia was questioned by Austin police about an unsolved murder, and the interview convinced them that Lavernia might be innocent of the Austin jogger rape. DNA testing revealed Lavernia’s innocence and his conviction was vacated.
Because of mistaken eyewitness testimony, Carlos Lavernia spent nearly sixteen years in prison for a crime he did not commit.
