TOO MANY WRONGFULLY CONVICTED - The Innocence Project

LUIS DIAZ • 200525 YEARSFLORIDALuis Diaz wasconvicted in 1980 asthe “Bird Road Rapist.”One of the victimsidentified Diaz whenshe saw him at the gasstation where sheworked. Diaz, a marriedfather of three, wasroughly 70 poundslighter and 7 inchesshorter than her initialdescription. With thehelp of Diaz’s son andthe Florida InnocenceInitiative, he wasLEO WATERS • 200521 YEARSNORTH CAROLINAGEORGE RODRIGUEZ200517 YEARSTEXASFULLY CONVICTEDfinally released on thebasis of exculpatoryDNA test results.A woman who hadbeen raped in 1981while selling awaterbed out of herhome identifiedLeo Waters as theassailant. She washypnotized in anattempt to bolsterher memory. In 2003,DNA testing showedthat he could nothave been the rapist,and two years laterhe was pardoned.George Rodriguezwas at work when a14-year-old girl wasraped by two Latinomen, one of whom hadcalled the other“George.” The victimidentified Rodriguez ina photo array and hewas arrested. Based inpart on inaccurateforensic analysis, hewas convicted andsentenced to 60 yearsin prison. Years later,results of mitochondrialDNA testing did notmatch Rodriguez, butdid match another man.ROBERT CLARK • 200523.5 YEARSGEORGIAThe perpetrator of abrutal 1981 rape androbbery stole thevictim’s car. He loanedit to his friend, RobertClark, who the victimthen saw driving it.Clark gave the man’sname to detectives,but the man was nevercharged. Decades later,DNA testing revealedClark’s innocence andimplicated the manwho loaned him thecar, who was alreadyserving time on otherconvictions. Clarklives in Atlanta andworks in construction.CLARENCE ELKINS • 20056.5 YEARSOHIOClarence Elkins wasconvicted of the rapeand murder of hismother-in-law and therape of his six-year-oldniece in 1999. Whilehe was in prison, Elkins’swife worked with aprivate investigator tofind the real perpetrator.They learned that aconvicted rapist, whohad lived near thecrime scene, had beentransferred to Elkins’scell block. Elkinsretrieved one of theman’s cigarette buttsfrom the prison yard inorder to obtain hisgenetic profile. DNAtesting cleared Elkinsand matched theman Elkins and hiswife suspected.45% were compensated (either throughstate compensation laws or civil lawsuits)34 | Innocence Project