In April 1995, a Milwaukee, Wisconsin woman accused Samuel Hogan of raping her. Hogan claimed that the victim agreed to have sex with him in exchange for drugs. Hogan supplied his defense counsel with a list of potential witnesses, including Gilberto Rodriguez, who would have testified that the woman had had sex with Hogan in exchange for drugs several times and that the victim’s boyfriend said she became upset the night in question because Hogan wouldn’t give her more drugs, so she decided to accuse him of rape. However, Hogan’s defense attorney failed to call Rodriguez, and a jury convicted Hogan of rape in 1995. Hogan was sentenced to 6 years in prison.
In 1997, Hogan’s conviction was vacated by the Wisconsin Court of Appeals because of the ineffective assistance of his defense counsel in failing to contact Rodriguez. The prosecution declined to retry Hogan.
- Stephanie Denzel