10 November 2023

Man jailed for 1998 drive-by shooting is exonerated and set for release

10 November 2023

A California man who has spent 25 years in prison for a murder he did not commit was exonerated and ordered released by a judge on Thursday after prosecutors agreed he had been wrongly convicted.

Miguel Solorio, 44, was arrested in 1998 for a fatal drive-by shooting in Whittier, south east of Los Angeles, and eventually sentenced to life without the possibility of parole.

Superior Court Judge William Ryan overturned Mr Solorio’s conviction during a Los Angeles court hearing that Mr Solorio attended remotely.

When the hearing concluded, Mr Solorio thanked his attorneys with the Northern California Innocence Project, calling them his “dream team”.

This case is a tragic example of what happens when law enforcement officials develop tunnel vision in their pursuit of a suspect

“It’s like a dream I don’t want to wake up from,” he said. “This day finally came.”

The attorneys who petitioned for Mr Solorio’s release argued that his conviction was based on faulty eyewitness identification practices.

In a letter last month, the Los Angeles District Attorney’s Office said it had “confidently and definitively” concluded that Mr Solorio is entitled to be released.

His attorneys said the case against Mr Solorio relied heavily on a now-debunked method of identifying a suspect that results in contaminating the witnesses’ memory by repeatedly showing photos of the same person over and over.

In Mr Solorio’s case, before it was in the news, four witnesses shown his photo did not identify him as the suspect, and some even pointed to a different person.

But rather than pursue other leads, law enforcement continued to present the witnesses with photos of Mr Solorio until some of them eventually identified him, his lawyers said.

“This case is a tragic example of what happens when law enforcement officials develop tunnel vision in their pursuit of a suspect,” said Sarah Pace, an attorney with the Northern California Innocence Project at Santa Clara University School of Law.

“Once a witness mentioned Solorio’s name, law enforcement officers zeroed in on only him, disregarding other evidence and possible suspects, and putting their own judgment about guilt or innocence above the facts.”

The district attorney’s letter noted that “new documentable scientific consensus emerged in 2020 that a witness’s memory for a suspect should be tested only once, as even the test itself contaminates the witness’s memory.”

The state Department of Corrections and Rehabilitation has up to five days to process Mr Solorio’s release from Mule Creek State Prison south east of Sacramento.

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