Imprisoned man has 13 alibi witnesses who say he was not in New York during 1996 murder: Nonprofit
A Bronx man has been in an upstate New York prison for 18 years for a murder he and at least 13 alibi witnesses say he did not commit.
Richard Rosario, now 39, says he was in Florida on June 19, 1996, when the murder occurred in his home city, but that did not stop him from receiving a 25-years-to-life sentence.
“There is no doubt that he’s innocent,” attorney Glenn Garber told Yahoo News. “Our criminal justice system is cruel and unforgiving.”
Garber, director of the Exoneration Initiative (EXI), says that Rosario was a victim of the fear and paranoia rampant before the city became hypergentrified.
“It was the '90s. The crack epidemic was upon everybody’s minds. The homicides rates were at astronomical levels in New York City,” he said.
Two eyewitnesses picked out Rosario’s mug shot before identifying him from an in-person lineup, saying he was the man who shot and killed 17-year-old George Collazo on Turnbull Avenue in the Bronx.
No physical or biological evidence tied Rosario to the shooting, and his second-degree murder conviction was basely solely on these witnesses, according to court documents.
Furthermore, detectives allegedly failed to document or disclose exculpatory evidence, thoroughly investigate his alibi or follow up on any leads that pointed away from Rosario, according to a motion filed by EXI in N.Y. State Supreme Court.
“We didn’t know as much about the fallibility of witness identification as we do today, and the jury only heard a portion of his alibi,” Garber said.
There were, in fact, 13 people, independent of each other, who could corroborate that Rosario was in Florida at the time of the murder, according to the nonprofit.
These witnesses include a pastor and a man who is now a deputy sheriff.
“The ones that were polygraphed passed the polygraphs,” Garber said. “It’s an overwhelming case of innocence.”
The Bronx District Attorney's Office told Yahoo News it has reviewed this case extensively and that it is the defendant’s second attempt to have his conviction overturned.
“While there are cases in which we have consented to vacature (the process of vacating a judgment) of conviction without going through the legal process, this is one that we believe should be, and is, before the Court for decision,” the office said in a statement.
Beyond that, the office’s director of public information declined to comment, citing ongoing litigation.
