Improper Forensic Science - Gilbert Alejandro

Improper Forensic Science

Gilbert Alejandro

The Crime

In 1990 in Ulvade County, Texas a woman was pushed into her own apartment and aggressively
sexually assaulted. She was placed face down with a pillow over her head and threatened with
death if she screamed for help, she was raped. The victim described her attacker as a Hispanic
male that was about six feet tall and wearing a white cap (Gilbert Alejandro).

The Investigation

Throughout the investigation the police questioned a man that was wearing similar clothes to
that description but no arrests were made. Through a DNA examination of sperm left on the
victim's clothing, Gilbert Alejandro was identified (Gilbert Alejandro). The victim failed to identify
Alejandro in several photo lineups, but made one identification in a sketch lineup which lead to
a positive identification in a live lineup.

The Trial

During the trial the most convincing evidence was the DNA test. Forensic Scientist Fred Zain
conducted the original DNA test and testified in court that the evidence conclusively matched
Alejandro (Gilbert Alejandro). With confirmation that he was absolutely positive about the
identification and that the DNA could not come from anyone else. Gilbert Alejandro was
sentenced to twelve years in prison.

The Exoneration

Four years later Alejandro convinced the courts to reexamine the DNA test. This time it came
back with completely different results. The fact surfaced that Fred Zain, the forensic scientist
who ran the results, had not even completed the test before testifying in court (Gilbert
Alejandro). The new results came back excluding Alejandro from the one whose DNA
evidence was found at the crime scene. Gilbert Alejandro’s conviction was overturned and he
was freed from prison. Fred Zain was fired after it was revealed that he had fabricated forensic
evidence from many murder and rape cases in West Virginia (Gilbert Alejandro).

Citation

Gilbert Alejandro. The National Registry of Exonerations. A Project of The University of California Irvine
Newkirk Center For Science & Society, University of Michigan Law School & Michigan State University
College and Law. June 2012.
http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=2988

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