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A Texas Hispanic man was wrongly convicted of aggravated sexual assault. He wasn’t freed until 4 years later; one of many innocent men who had been convicted due to testimony by a DNA tester who provided false results.

The crime of rape took place in the victim's apartment. The victim described her attacker, whom she glanced at during the attack, as Hispanic, about six feet tall, and wearing a white cap. Although police questioned a man who was wearing clothes similar to this description, no arrest was made. Instead, the police charged the man with the crime months later.

The victim failed to identify the Hispanic male sexual assaulter in several photo lineups. She made one identification from a sketch lineup and later identified him in a live lineup. What really put the nail in the coffin so to speak for the accused man was false testimony from the person who conducted the DNA testing performed on the evidence. In cross examination, the DNA tester again falsely reiterated his findings and pronounced that he was absolutely sure of his results and his testimony.

A subsequent reexamination of the DNA report yielded completely different results. Testing had not even been completed when the man conducting the DNA testing issued his report. The final test results, completed after the trial, revealed that the Hispanic male was, in fact, excluded as the depositor of spermatozoa on the victim's clothing. Based on these test results, his conviction was overturned and he was freed from prison.

This man had spent nearly 4 years in prison on a twelve year sentence for a crime he did not commit.

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