Wrongfully convicted man arrested at 18 walks free after nearly 3 decades in LA County prison

A man who was wrongfully convicted of robbery, kidnapping and sexual assault in 1995 has been exonerated after spending 28 years in prison, Los Angeles County District Attorney George Gascón announced Tuesday.

Gerardo Cabanillas was 18 when he was arrested for the crimes.

The Los Angeles County District Attorney Office said his release was thanks to the work of the California Innocence Project and California Western Law School.

The crimes for which he was convicted occurred on Jan. 16, 1995. Two armed men robbed victims identified by the Innocence Project as Raul F. and Maria A. The men stole Raul’s car, kidnapped his girlfriend, Maria, and sexually assaulted her in an abandoned house.

Two days later, an armed man robbed Ricardo S. and Maria L. and unsuccessfully attempted to steal Ricardo’s car, according to the California Innocence Project statement.

Cabanillas was arrested a few days later “because he very generally matched the description of the perpetrator,” according to the statement. During an interrogation, Cabanillas repeatedly denied the crimes, but eventually confessed.

"The detective accused Cabanillas of robbery, kidnap, and rape, but promised Cabanillas he would get only probation and could go home if he confessed," the Innocence Project said. "After many denials, Cabanillas finally confessed, but he did not go home as promised."

Prosecutors charged him with 14 felony counts including robbery, kidnapping, carjacking, rape, and sodomy. Two jury trials later, he was convicted on almost all counts. Cabanillas testified at both trials and proclaimed he was innocent, saying he was at home with family members at the time of the crimes, according to the Innocence Project.

He was sentenced to life in prison.

“False confessions are one of the leading causes of wrongful convictions in the United States,” said Alissa Bjerkhoel, Interim Director of the California Innocence Project at California Western School of Law. “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. We are thrilled for Gerardo and his family that the truth has finally set him free.”

After nearly three decades, DNA evidence proved that Cabanillas did not commit these crimes, the statement added.

Cabanillas' case was reviewed by the California Innocence Project, and the institution submitted a petition to the California Supreme Court for him to be released in December 2022.

“We are thankful to the Los Angeles District Attorney’s Office for agreeing to a factual finding of innocence for Gerardo,” said Michael Semanchik, Executive Director of The Innocence Center. “This case highlights the importance of collaboration by all in pursuit of truth and justice, including innocence attorneys, students, investigators, and the government.”

At just 18 years old, our client was accused and later convicted of crimes he did not commit. After 27 years in prison, we have DNA evidence to prove it. Today we’ve set in motion the legal process which will hopefully help set him free. #FreeGerardoCabanillas #XONR8 pic.twitter.com/g7MN82NoSq

— CA Innocence Project (@CA_Innocence) December 9, 2022

NBCLA's Jonathan Lloyd contributed to this report.

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