Lionel Rubalcava was freed in 2019 after his case was re-examined by the Northern California Innocence Project; he says police contorted their investigation to implicate him in a 2002 shooting.
SAN JOSE, CA – MAY 15: Lionel Rubalcava, a free man for the first time in 17 years, looks up at the sky while embraced by his brother Rolando Rubalcava, Wednesday, May 15, 2019, outside the Main Jail in San Jose, Calif. His attempted murder conviction was dismissed after the Northern California Innocence Project disproved key eyewitness testimony that implicated him in a drive-by shooting in San Jose.
Exonerating evidence for Rubalcava included cell phone tracking data indicating that he was in Hollister at the time of the shooting, and equivocating witness accounts. Three primary witnesses, including the victim himself, asserted at trial and years later in civil depositions that they were not certain Rubalcava was the shooter, and were pushed into making a positive identification.
A city attorney memo recommending the settlement noted that it will “avoid the risks inherent in litigation,” and that each side will cover their own legal fees.a ruling in March from federal Judge Beth Labson Freeman
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