In 1990, a 9-year-old Milwaukee, Wisconsin girl accused Albert Luster of molesting her. Both the girl and her mother testified at trial, and their testimony was the main evidence against Luster. Luster had an alibi, but his attorney never called any alibi witnesses, and Luster was convicted of sexual assault.
At a post-conviction hearing in February 1992, a neighbor of the victim’s submitted an affidavit that the girl’s mother and Luster had argued prior to the accusation, and that the victim never said anything about being molested until her mother repeatedly questioned and prodded her. Luster’s two alibi witnesses also testified. Based on this new evidence, and the ineffectiveness of Luster’s original attorney, the judge reversed Luster’s conviction. Charges were later dismissed. Luster sued his original defense attorney for his incompetent representation, and settled for an undisclosed sum of money.
- Stephanie Denzel