Gilbert Alejandro
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ilbert Alejandro was wrongfully convicted of sexual assault in 1990 based largely on the faulty testimony of forensic expert Fred Zain. At trial, Zain testified that DNA tests established that semen found on the victim’s clothes “could only have originated from [Alejandro].” A reexamination of the original DNA testing years later showed that Alejandro was actually excluded as the perpetrator. In fact, records showed that Zain’s testimony was based on DNA testing that had not yet been completed at the time he testified against Alejandro.

Gilbert Alejandro spent almost four years in prison due to false testimony about DNA and a mistaken eyewitness identification.

Inaccurate eyewitness testimony also contributed to Alejandro’s wrongful conviction. He initially became a suspect when the victim identified him from a book of mug shots. After the initial identification, police then showed the victim several photo lineups that included Alejandro, but she failed to identify him. Regardless, police still chose to focus on Alejandro because of the victim’s initial identification from the mug book. The victim described her attacker as Hispanic, about six feet tall, and wearing a white cap. She could not provide a more detailed description because she said her face was covered with a pillow during the attack. Although the defense questioned the strength of her eyewitness identification, the jury found Alejandro guilty.

Because of the false testimony of forensic expert Fred Zain and the mistaken eyewitness identification, Gilbert Alejandro spent almost four years in prison for a crime he did not commit.