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Defendant

Date of Crime

Jesus Avila was convicted of attempted murder in 1990 in the shooting of Demetrius Kidd.  The shooting occurred at a baby shower gathering in Ham Park.  Jesus's original lawyer, George Denny, became convinced that Jesus's brother, Ernesto, was the real shooter, after Ernesto apparently confessed to him.  But Denny never told anyone because he represented Ernesto in another matter and believed that he could not implicate him -- even if doing so might help clear Jesus.  While Denny wrestled with this dilemma, Ernesto and the Avila family gambled.  Rather than come forward and testify for his brother at the trial, Ernesto hoped that Jesus would win his freedom anyway.  "We thought Jesus would be acquitted and Ernesto would not have to go to jail either," said Christine Avila, their mother.

Denny withdrew from the case, citing an unspecified conflict of interest.  However, he never shared with Jesus's new lawyer information he had on why Ernesto was the real shooter.  When police arrived at the shooting, Ernesto had fled.  Witnesses there identified Jesus as the person who most looked like the shooter.  At trial, Jesus's new lawyer presented witnesses who placed Jesus on the opposite side of the park at the time of the shooting.  Some remember him hitting the ground when shots were fired.  However, the prosecution witnesses prevailed.

On appeal in 1992, a judge heard sworn testimony that Ernesto was the guilty party, both from Ernesto and several other witnesses.  However, the judge declined to order a new trial for Jesus, saying later that he did not find Ernesto's admissions credible.  Eventually, however, Jesus was able to appeal to the federal Ninth Circuit Court, which overturned his conviction in July 2002.  (LA Times)  [10/07]

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