Gascón announces exoneration of 2 men wrongly convicted of murder

Gascón announces exoneration of 2 men wrongly convicted of murder

Los Angeles County District attorney George Gascón held a press conference earlier this month alongside two men who were recently exonerated after spending decades behind bars for murders they did not commit.

During the news conference on Dec. 13, Gascón apologized to Giovanni Hernandez and Miguel Solorio for their wrongful convictions, while taking time to thank members of the D.A.’s Office unit that works on cases like these.

The exonerations were the third and fourth by the D.A.’s Office this year.

Hernandez was only 14 years old when he was arrested and charged for a 2006 drive-by shooting that took place in Culver City that resulted in the death of 16-year-old Gary Ortiz.

His first trial began in December 2010 and ended in a hung jury, in which a jury is unable to agree on a verdict. A second trial began two years later, leading to his conviction of all charges.

Throughout the entire legal proceedings and his decadelong prison sentence, Hernandez and his family maintained his innocence, insisting he was at home when the deadly shooting happened.

In July 2015, Hernandez submitted a claim to the D.A.’s Office’s Conviction Integrity Unit, but was denied a review. He repeated those efforts in 2021, and was eventually able to secure a review.

attorney‘s Office following his release from prison on a wrongful conviction of homicide. (Los Angeles County District attorney‘s Office)” class=”wp-image-2766848″ srcset=”https://ktla.com/wp-content/uploads/sites/4/2023/12/gio-hernandez-e1703808899945.jpeg 3200w, https://ktla.com/wp-content/uploads/sites/4/2023/12/gio-hernandez-e1703808899945.jpeg?resize=876,584 876w” sizes=”(max-width: 899px) 100vw, 876px”/>Giovanni “Gio” Hernandez speaks during a press conference on Dec. 13, 2023 at the Los Angeles County District attorney’s Office following his release from prison on a wrongful conviction of homicide. (Los Angeles County District attorney’s Office)

Investigators found new evidence and collected new statements from witnesses who weren’t interviewed at the time of the original investigation. An analysis of Hernandez’s cell phone records showed that the phone, which was in his possession, was not at or near the location of the shooting, which corroborated his claim that he was at home when it happened.

Marisa Harris is an attorney for the Juvenile Innocence and Fair Sentencing Clinic at Loyola Law School and worked on Hernandez’s case.

“Gio was only 14 years old when he was sentenced to die in prison for a crime he did not commit,” she said. “Like so many young people serving long, adult sentences in California’s prisons, Gio was given no hope for a future outside of prison walls. However, despite this grave injustice, Gio found his way to the light.”

Like Hernandez, Miguel Solorio was convicted in a fatal drive-by shooting which he insisted he had no part in. He was 19 at the time of his arrest.

On Dec. 6, 1998, a man and his friends drove the 605 Freeway looking to buy marijuana.

At some point, the vehicle’s occupants were approached by another man who demanded to know their gang affiliation. That man drove off, firing a firearm as he sped off.

Mary Bramlett, 81, was shot and killed as she stopped at an intersection in the man’s line of fire.

Solorio was identified as a suspect and arrested in her killing. He was sentenced to life in prison without the possibility of parole, but continued to claim his innocence.

His attorney, Ellen Eggers, submitted an innocence claim through the Conviction Integrity Unit which led to a review of his case.

As part of the review, investigators determined that Miguel Solorio was mistakenly identified in a photo lineup as his brother, Pedro Solorio.

The D.A.’s Office, Solorio, Eggers and the Northern California Innocence Project, which worked as co-counsel on the case, requested that his conviction be vacated. After serving nearly 25 years in prison, his case was dismissed.

Miguel Solorio and his wife, Silvia Solorio, pose for a photo following a press conference on Dec. 13, 2023 at the Los Angeles County District <a href=attorney‘s Office. Solorio was released from prison after serving nearly 25 years on a wrongful conviction of homicide. (Los Angeles County District attorney‘s Office)” class=”wp-image-2766849″ srcset=”https://ktla.com/wp-content/uploads/sites/4/2023/12/miguel-solorio-e1703808903468.jpeg 3200w, https://ktla.com/wp-content/uploads/sites/4/2023/12/miguel-solorio-e1703808903468.jpeg?resize=876,584 876w” sizes=”(max-width: 899px) 100vw, 876px”/>Miguel Solorio and his wife, Silvia Solorio, pose for a photo following a press conference on Dec. 13, 2023 at the Los Angeles County District attorney’s Office. Solorio was released from prison after serving nearly 25 years on a wrongful conviction of homicide. (Los Angeles County District attorney’s Office)

Sarah Pace, an attorney for Northern California Innocence Project, said Miguel’s 25 years of wrongful incarceration highlights the important need for investigators to “follow all leads and avoid tunnel vision,” as well as present witnesses with suspect images only one time and understand that if a witness doesn’t identify the suspect it “points to their innocence.”

Gascón, who was elected District attorney under the promise of reform and progressive policies, said he is committed to ensuring these wrongful convictions are learned from and avoided in the future.

“It’s truly devastating when people are wrongfully convicted, especially when they were so young at the time of their arrest,” Gascón said. “These cases not only highlight the tragic impact on the lives of those directly affected but also underline the impact to the family and friends left behind.”

In September, a man convicted of robbery, kidnapping and sexual assault was released from prison after 28 years after it was determined he was also wrongfully convicted. In May, a man convicted of attempted murder for a shooting in Baldwin Park was acquitted and also released from prison after serving 33 years.

To watch the press conference in its entirety, click here.

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