Skip Ribbon Commands
Skip to main content

Gilbert Alejandro

Other Texas Exoneration Cases with Misconduct
Gilbert Alejandro was convicted of aggravated sexual assault in Ulvade County, Texas, in 1990. He was freed in 1994, one of many innocent men who had been convicted due to false testimony by Fred Zain.
The crime took place in the victim's apartment, where she was pulled inside the door, raped while her face was covered with a pillow, and threatened with death if she should call for help. The victim described her attacker, whom she glanced at during the attack, as Hispanic, about six feet tall, and wearing a white cap. Although police questioned a man who was wearing clothes similar to this description, no arrest was made. Instead, the police charged Alejandro with the crime some months later.
The victim failed to identify Alejandro in several photo lineups. She made one identification from a sketch lineup and later identified him in a live lineup. The most damaging testimony, however, came from Fred Zain, who reported that DNA testing that he performed on the evidence conclusively matched Alejandro. In cross examination, Zain reiterated his findings and pronounced that he was absolutely sure of his results and his testimony.
A subsequent reexamination of the DNA report yielded completely different results. Testing had not even been completed when Zain had issued his report. The final test results, completed after the trial, revealed that Alejandro was, in fact, excluded as the depositor of spermatozoa on the victim's clothing. Based on these test results, Alejandro's conviction was overturned and he was freed from prison.
Gilbert Alejandro had spent almost four years in prison on a twelve year sentence. He subsequently filed a civil lawsuit that was settled for $250,000.
Summary courtesy of the Innocence Project, Reproduced with permission.

Report an error or add more information about this case.

Posting Date:  Before June 2012
Last Updated: 4/24/2017
Most Serious Crime:Sexual Assault
Additional Convictions:
Reported Crime Date:1990
Sentence:12 years
Age at the date of reported crime:35
Contributing Factors:Mistaken Witness ID, False or Misleading Forensic Evidence, Perjury or False Accusation, Official Misconduct
Did DNA evidence contribute to the exoneration?:Yes