Innocent Man Falsely Confessed to Rape After Being Told He'd Get Probation. He Just Left Prison After 28 Years
Gerardo Cabanillas was exonerated last week after DNA evidence proved his innocence
Francine Orr / Los Angeles Times via Getty
The DA announces the exoneration of Mr. Gerardo Cabanillas after more than 28 years in prison for crimes he did not commit.A man who falsely confessed to rape 28 years ago — after being told by interrogators that he’d only get probation — was released from prison after being exonerated by DNA evidence, according to Los Angeles County District Attorney George Gascón.
In April 1996, Gerardo Cabanillas was wrongfully convicted of kidnapping, robbery and sexual assault, Gascón's office said in a statement on Tuesday.
“Today, we acknowledge a grave injustice that has resulted in the unjust, more-than-28-year incarceration of Mr. Cabanillas.” Gascón said at a Tuesday news conference while standing next to Cabanillas and his wife, Laura Cabanillas.
“Upon thorough reexamination of the evidence and a comprehensive review of the case by my office’s Conviction Integrity Unit, it has become abundantly clear that a serious error was made,” Gascón added. “I extend my deepest apologies to Mr. Cabanillas for the miscarriage of justice and the failure of our criminal legal system.”
Francine Orr / Los Angeles Times via Getty
Laura Cabanillas, left, her husband Gerardo Cabanillas, middle, listen as Mike Semanchik, right, Executive Director - of The Innocence Center speak during a press conference in the Hall of Justice Media Room on Tuesday, Sept. 26, 2023, in Los Angeles, CA.Gascón noted it was “imperative that we reflect upon this case as a stark reminder that our criminal legal system is not infallible,” adding, "we must collectively commit to doing better, to continuously improving our procedures, and to ensuring that every person who enters our legal system is afforded a fair and just process.”
Two men had robbed a man and woman at gunpoint and sexually assaulted the woman in January 1995, Gascón said. Cabanillas, 18 at the time, was arrested days later because he resembled one of the suspects.
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Alissa Bjerkhoel, Interim Director of the California Innocence Project at California Western School of Law, said Tuesday at the news conference “false confessions are one of the leading causes of wrongful convictions in the United States.”
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“Police are permitted to lie to suspects, including promises of leniency if the person confesses,” she said, adding, “That is exactly what happened here and, if it was not for the DNA evidence, Gerardo would have spent the rest of his life in prison.”
According to the statement by Gascón's office, Cabanillas received a sentence of 15 years to life in prison in addition to a fixed term of 72 years and four months.
Through Bjerkhoel, he submitted a claim to the Conviction Integrity Unit asking for his case to be reviewed for factual evidence, per the statement. The district attorney’s office then examined the trial evidence as well as new evidence, which cast doubt on the conviction.
On Thursday, the Conviction Integrity Unit requested Judge William C. Ryan to overturn the conviction, declare him factually innocent, and release him from prison.
Gascón said at the news conference, “Today, we recognize the justice he deserves.”
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