Legal Commentary

New Evidence of David Flores' Innocence

By TChris

Here's an update in the case of David Flores (discussed here).

[A]t least three people ... have independently come forward since Flores' appeals were exhausted in 2003 to say another man was likely responsible for Davis' death as a result of a gang-related fight. ... [Rob] Warden said he's never heard of an alleged wrongful conviction case in which three separate people came forward independently to name another suspect.

"There's an extremely high probability that he's innocent," said Warden, whose [Center on Wrongful Convictions at Northwestern University School of Law] has helped exonerate dozens of people. "The fact that you now have three people who don't have any connection to each other and no discernible motive to do anything but tell the truth is just extremely persuasive."

[more ...]

He added: "Given the fact there's no physical evidence linking Flores to the crime, and that he's always professed his innocence from the beginning ... it's almost inconceivable that these witnesses could be mistaken or not telling the truth."

All three witnesses link Rafael Robinson to the shooting. One admits that he helped Robinson flee from Iowa after Robinson accidentally shot the victim. Another, Robinson's ex-girlfriend, "said Robinson told her he accidentally shot Davis while firing at men he had been feuding with."

Robinson was identified as a suspect in an FBI report that the DA's office admits wasn't provided to Flores before or during his trial.

Flores' hearing on his request for a new trial had been scheduled for June 30 but will likely be postponed as the factual investigation continues.

Full post as published by TalkLeft on June 17, 2008 (boomark / email).