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California man wrongly convicted for rape released after

28 years in prison: 'grave injustice'
Gerardo Cabanillas was pressured to confess to the rape with promises of probation
By Michael Lee Fox News

Published September 27, 2023 10:10am EDT

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A California man has been exonerated and freed from prison after serving nearly 30 years
on a rape conviction.

Gerardo Cabanillas was released from prison Tuesday after serving 28 years for the 1995
attack of a couple sitting in a parked car in South Gate, California, with DNA testing finding
that he was not one of those responsible for the incident, according to a report from CBS
News.

The 1996 conviction of Cabanillas was re-examined by the District Attorney's Office, with
DA George Gascón calling the case a "grave injustice" in a statement Tuesday.

WRONGFULLY CONVICTED MAN WALKS FREE AFTER MORE THAN 2 DECADES AS

PODCAST SHED LIGHT ON HIS MURDER CASE

Gerardo Cabanillas waves from outside the Hall of Justice in downtown Los Angeles after his release on Tuesday.
(Laurence Colletti/Legal Talk Network via AP)

"We acknowledge a grave injustice that has resulted in the unjust more-than-28-year
incarceration of Mr. Cabanillas," Gascón said. "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. I extend my deepest

apologies to Mr. Cabanillas for the miscarriage of justice and the failure of our criminal
legal system. ... It is imperative that we reflect upon this case as a stark reminder that our
criminal legal system is not infallible."

Cabanillas confessed to being one of two armed men to attack the couple in 1995, forcing
the man out of the parked car and driving the woman to an abandoned house where the
two men raped her. However, according to the Innocence Project, Cabanillas only
confessed to being part of the crime because a detective told him he would get probation
and be able to go home if he admitted guilt.

"False confessions are one of the leading causes of wrongful convictions in the United
States," Innocence Project interim director Alissa Bjerkhoel said in a statement, according
to CBS News. "Police are permitted to lie to suspects, including promises of leniency if the
person confesses. 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."

Los Angeles County District Attorney George Gascón, right, announces the exoneration of Gerardo Cabanillas, left, after
more than 28 years in prison for crimes he did not commit. (Francine Orr / Los Angeles Times via Getty Images)

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The victims of the attack were told about Cabanillas' confession by police and identified
him in a photo lineup, but they expressed doubts in court that they had identified the right
person and said they felt pressured into picking him.

No other suspects were arrested in the case, though one man later confessed to comitting
one of at least two similar crimes that happened in the same area.

According to the Innocence Project, DNA testing of the rape kit revealed that two other
people were responsible for the assault.

A judge has now reversed Cabanillas' conviction, finding him factually innocent last week
and ordering his permanent release.

Gerardo Cabanillas. (Francine Orr / Los Angeles Times via Getty Images)

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"We are thrilled for Gerardo and his family that the truth has finally set him free," Bjerkhoel
said.

The Los Angeles DA's office did not immediately respond to a Fox News request for
comment.

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