Steve McVicker, who highlighted the case of Gilbert Amezquita in 2005 in the Houston Chronicle, has a report on yesterday's ruling by the Court of Criminal Appeals. LINK
An appeals court's ruling Wednesday could lead to freedom soon for a Houston man who was sentenced to 15 years in prison on what he said was faulty eyewitness testimony.
The Texas Court of Criminal Appeals granted a writ of habeas corpus for Gilbert Amezquita, 29, whose attorney expects him to be retried or set free.
"This is the best present I've ever gotten," attorney Roland Moore said of the ruling. He predicted that his client could be released on bail as soon as next week.
Amezquita has been in prison since his 1998 conviction for the aggravated assault of a Houston woman. As she lay in the hospital, Kathy Bingham told police, "Gilbert did it," and later identified Amezquita, a co-worker, in a photo lineup.
Moore argued in his appeal that Harris County prosecutors failed to consider another Gilbert: Alonzo Gilbert Guerrero, who also worked with Bingham.
According to court records, Guerrero had a criminal record that included assault, had argued with the victim on the day of the attack and had her cellular phone after the assault.
And, we'll also include this from the article:
Steve Hall, director of the criminal justice reform group StandDown Texas Project, noted that the Amezquita case had lingered before the appeals court for five years before Wednesday's 5-4 ruling.
In a highly unusual action in 2005, the court rejected Amezquita's appeal and then decided to reconsider it two weeks later. Hall said the case illustrates criticisms of foot-dragging that often are directed at the court.
Yesterday's post, with links to the opinion, is here.
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