Location

Defendant(s)

Date of Alleged Crime

Francisco Rivera Agredano and his brother-in-law, Alfonso Calderón León were convicted of drug trafficking after 37 pounds of marijuana was found in the door of a Nissan Pathfinder SUV that Rivera was driving.  Calderón was a passenger.  The two were stopped at a checkpoint near Ensenada, which is more than 70 miles from the U.S. Border.  Rivera, a Tijuana printer, had bought the car four months before for $2,600 at a U.S. government auction in San Ysidro, CA.  It had previously been seized when 59 pounds of marijuana was found inside its gasoline tank.

Rivera had crossed the U.S.-Mexican border five times without incident after he bought the car.  Under Mexican law the two men were presumed guilty.  They were convicted after a Mexican judge rejected their claim that U.S. customs did not thoroughly search the car.  The two were sentenced to five years in prison.  The U.S., not only ignored their pleas for help, but fought to keep exonerating evidence from their attorneys.  After a year in prison, the convictions of the two were vacated after Rivera's lawyer was able to convince a Mexicali appeals court that the moldy marijuana found inside the Pathfinder was too old to be of resale value.

Rivera was later awarded $551,000 in a suit against the U.S. government, and may get an additional sum for costs incurred by his U.S. lawyers.  Calderón could not sue because because of a U.S. Supreme Court precedent barring lawsuits against the federal government for incidents arising outside the U.S.  U.S. District Judge Emily Hewitt ruled that she did not know how customs missed the contraband, but she rejected the claim advanced by Rivera's lawyers that the Customs Service does not thoroughly search vehicles because doing so could cause damage them and decrease their resale value.  In legal documents, U.S. attorneys said the government did nothing wrong and that the onus is on the buyers to make sure the cars are drug free.  According to Teresa Trucchi, attorney for Rivera and Calderón, "I don't think 'as is' to the normal consumer means, 'If I buy it and it's stuffed full of drugs that I'm unaware of and I get arrested, that's my problem.'"  (SD Union-Tribune) (CBS)  [10/08]

Eric Volz, an American citizen, was convicted of the rape and murder of his Nicaraguan ex-girlfriend, Doris Jiménez.  Jiménez had been found tied and strangled in the clothing store she owned in San Juan del Sur.  Evidence established that Jiménez had been murdered between 11:45 a.m. and 1 p.m. on Nov. 21, 2006.

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On Aug. 21, 1910, in the small town of Osa de la Vega, in the province of Cuenca, José María Grimaldos, known as “El Cepa,” was seen for the last time.  He was on a road to the nearby village of Tresjuncos.  His family feared foul play and reported his disappearance to the Civil Guard (police).  During the investigation the family and others expressed their suspicions that two shepherds, Gregorio Valero and León Sánchez had killed him for his money.  This investigation was closed in Sept. 1911 without any indictments.

In 1913 a new judge by the name of Isasa arrived.  Influenced by the local boss and right-wing politician, the judge reopened the case. The two suspects were arrested by the Civil Guard and, under torture, they confessed they killed Grimaldos, cut his body up, and fed it to pigs.  The ''fiscal'' (DA) asked for the death penalty.  The case took its time in the court system, but on May 25, 1918 a popular jury convicted the defendants of murder.  They both were sentenced to 18 years in prison.  Both were released on account of a general pardon on Feb. 20, 1924 after serving eleven years of imprisonment.

Two years later, in early 1926, it was discovered that Grimaldos was alive after he applied for the necessary papers to marry.  He had been living in a nearby town.  With much legal difficulty, the case was reopened and, after much delay, Valero and Sanchez's convictions were overturned.

In 1979, a movie entitled El crimen de Cuenca (The Crime of Cuenca) was made based on the case.  The movie was initially banned in Spain because the torture scenes in it are depicted in great detail and crudity.  However, in 1981, the movie was allowed to be shown in Spain and became a box office success.  (ECDC)  [11/07]

Omar Raddad was convicted of the murder of Ghislaine Marchal.  Marchal, 65, was a wealthy widow who lived alone in the affluent village of Mougins, near Cannes on the French Riviera.  One morning when Marchal was relaxing by her pool, her neighbors, Mr. and Mrs. Koster, called over the fence and invited her to lunch at 1 p.m.  Marchal readily accepted.  She later telephoned a friend at 11:48 a.m.  At 1:30 p.m., when Marchal had not shown up at the Kosters for lunch, Mrs. Koster telephoned Marchal, but there was no answer.

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Cees Borsboom was convicted of raping and murdering Nienke Kleiss, a 10-year-old girl.  He was also convicted of the attempted murder of Kleiss's 11-year-old male friend named Maikel.  After being severely beaten, Maikel survived by pretending to be dead.  Borsboom came across the victims and reported the crime to police on his cellphone.  After being arrested for these crimes, Borsboom confessed his responsibility for them to police officers, to a prosecutor, and to the investigative judge.  After a while, Borsboom withdrew his confession, claiming it was coerced by the police.

Borsboom's confession was given in vague terms, without providing specific information and without his defense lawyer being present.  Peter R. de Vries, a Dutch TV journalist, thought the case was fishy and did some investigation. He found that Borsboom did not fit the description given by Maikel, nor did Maikel recognize Borsboom.  De Vries also found that Borsboom did not have time to commit the crime, especially since there was a second witness on the scene right when he called 112 (the Dutch equivalent to 911).

In 2004, another man, Wik Haalmeijer, who got caught for two other child molestation crimes, confessed to the crimes for which Borsboom was convicted.  Further investigation revealed that the DA and the National Forensic Institute had known all along that Borsboom did not commit the crime.  They had performed DNA tests which excluded Borsboom as the perpetrator, but had withheld the test results from Borsboom' defense.  This DNA evidence was matched to Haalmeijer following his confession.  Borsboom was exonerated and released in 2005.  He was also awarded $706,000 for his wrongful conviction and imprisonment.  (JD34 p23) (VDG) (Utrecht Law Review) [10/08]

Franz Bratuscha was convicted of the murder of his 12-year-old daughter, Johanna.  On April 16, 1900, she disappeared from her home in Majsperk, Slovenia, then part of the Austro-Hungarian Empire.  Bratuscha reported her disappearance to the police.  About 9 weeks later he read in a newspaper that the body of a dead girl was found in Spielfeld, Austria, a town 26 miles to the north.  Bratuscha went to Spielfeld and when police showed him the dead girl's clothes, he identified the clothes as belonging to his daughter.  He told police he had bought the fabric out of which the clothes were made and offered to bring the leftover portion of the fabric.  Without taking him up on his offer, police were satisfied that the dead girl was his daughter and they gave him the clothes.

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Johann Gawenda was convicted of the murder of his 16-year-old stepdaughter, Katharina Sroka, also known as Katie.  Katie's mother died in 1867, leaving her two-year-old daughter an estate consisting of three acres of fields and a cottage.  Katie's father, Ignatz Sroka, managed the estate following the death of his wife. He subsequently married Marie Gallus. This marriage did not last long, as Ignatz was convicted of murder and died in prison in 1875.  His widow Marie then married Johann Gawenda, who took over the administration of the estate for the still underage Katie and at the same time pledged to provide for her maintenance and upbringing. Gawenda neglected these obligations in a most unscrupulous manner, as he monopolized the land and treated its owner so badly that she had to work as a maid and also to depend on charity.

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Malik Taj Mohammad was convicted of the kidnapping and murder of Malkani Bibi.  Prosecutors claimed that he killed her over an acrimonious property dispute.  Mohammad claimed that he could not have murdered Bibi, as she was still alive.  However, he did not present any proof and the trial court relied on testimony of Bibi's relatives who said they had buried Bibi.  In 2006, Mohammad's supporters discovered that Bibi was alive and imprisoned in the eastern Pakistan city of Gujarat.  She had been imprisoned there on a theft conviction in 2004.

Mohammed petitioned Pakistan's Supreme Court for a new trial based on the new evidence.  The Court then summoned Bibi to appear before it.  Satisfied that Mohammed had been wrongly convicted, the Court ordered his immediate release.  It also ordered a lower court to investigate how Mohammed had been prosecuted and convicted of a crime that never happened.  (JD33 p28)  [2/07]

Teng Xingshan was convicted of the murder of Shi Xiaorong.  A chopped up body identified as Shi's was found in Mayang County, Hunan Province in April 1987.  Police settled on Teng as the guilty party because he was a butcher and the dismemberment was "very professionally" done.  Teng soon confessed to the murder, allegedly after police beat it out of him.  However, he protested his innocence all the way to the execution ground.  Authorities alleged that Teng had sex with Shi and killed her because he suspected she stole his money.  Teng was executed by gunshot in Jan. 1989.

Teng's family had heard reports that Shi was alive in neighboring Guizhou province as early as 1993, but it took years to verify the reports and Teng's family lacked the funds and the courage to sue the government.  The case first received publicity in May 2005, when the family formally filed a lawsuit with the Hunan Higher People's Court.  News reports of another Chinese murder victim turning up alive in March 2005 may have prompted the decision.  Shi denied ever meeting Teng and said she had been sold into marriage to a man in eastern Shandong Province a month before the chopped up body was found.  Shi returned to her hometown in Guizhou Province in 1993.  Teng was posthumously exonerated in Jan. 2006.  (UPI)  [4/08]

Zhao Zuohai was convicted of murdering his neighbor Zhao Zhenshang.  In June 1997, the two Zhou's, both about 45, had a hatchet fight in their hometown of Zhaolou village in Zhecheng County, Shangqiu City Prefecture, Henan Province, China.  Four months later Zhenshang's nephew reported to police that his uncle was missing.  In May 1999, after a headless body was found in a village well, Zuohai was arrested for the murder of Zhenshang and detained without trial for three years.

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Shimada Tatsuhiro and his common law wife, Aoki Keiko, were both sentenced to life imprisonment for the arson murder of Keiko's daughter.  On the day of the alleged crime, Tatsuhiro filled the gas tank of his van before returning to his home in the Higashi-Sumiyoshi ward of Osaka.  Ten minutes later he smelled smoke and noticed a small fire in the garage under his van.  Tatsuhiro searched for a fire extinguisher, but the fire quickly grew and spread.  Keiko's daughter died in the fire after being overcome by smoke in a first floor bathroom.  Keiko had 15 million yen life insurance policies on both her children.  Life insurance on children was not uncommon, but 5 million yen and 10 million yen policies were more typical.  The couple had no financial difficulties at the time of the blaze.

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Govinda Mainali, a Nepalese migrant worker, was convicted of the rape and murder of a Tokyo woman.  The victim, though a prostitute by night, was a respected economist for the Tokyo Electric Power Co.  Although Mainali initially denied knowing the victim, he later admitted to investigators that he twice paid her to have sex with him.  Mainali said he had not seen the victim for days prior to her murder.  There were no witnesses to dispute his statement.  A condom found at the scene of the crime contained Mainali's semen.  After reviewing an expert's analysis of the semen, the trial judge ruled that the semen found was too old to have been produced on the day of the murder.  The judge then stated there was no evidence of Mainali's guilt and acquitted him.

Following Mainali's acquittal, he was held in detention for over eight months while prosecutors sought a court more receptive to their case. In Dec. 2000, the Tokyo High Court reversed Mainali's acquittal and sentenced him to life in prison. The presiding judge, Toshio Takaki, was the same judge who had granted the prosecution's request to keep Mainali imprisoned pending appeal.  After a few brief hearings that introduced no new evidence, he wrote that the record from the Mainali's first trial left no doubt of his guilt.  (Japan Times) (Legal Affairs)  [8/09]