Tag Archives: coerced confession

Kirstin Blaise Lobato Freed After 15 Years in Prison for Las Vegas Murder Prosecutors Knew She Couldn’t Have Committed

Wrongful Murder Conviction Overturned Kirstin Blaise Lobato

In spite of evidence of her innocence, the Clark County DA’s Office did everything they could to prevent Kirstin Blaise Lobato from being freed after over 15 years in prison for a murder she didn’t commit.

After spending her entire adult life in prison for a murder she didn’t commit, a Las Vegas woman has finally been released. Kristin Blaise Lobato spent over 15 years behind bars in spite of evidence that she was over 150 miles away at the time the killing took place. However, she was finally able to walk out of the Clark County Detention Center a free woman for the first time since she was 18 years old on January 3rd.

Meanwhile, even after a judge had declared her innocent and ordered her release, prosecutors with the Clark County District Attorney’s Office refused to acknowledge the improprieties carried out during her trial(s). In fact, they even briefly had plans to force her to spend another year in the county jail for having been caught having sex with another inmate during the time that she was wrongfully imprisoned.

Fortunately, Judge Elizabeth Gonzalez also dismissed that case, instead ruling that the time she had already spent in prison for a crime she didn’t commit was sufficient punishment for that as well and giving her credit for time served. Judge Gonzalez then ordered that Lobato be released from custody immediately.

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District Attorney Steve Wolfson and Chief Deputy District Attorney Sandra DiGiacomo have attempted to justify their efforts to keep an innocent woman in prison by contending that the fact she was found guilty at trial by two juries means she is. However, the case against Lobato was very much flawed from the start and those verdicts were more a product of what was kept from the juries than the strength of the evidence actually presented to them.

Kirstin Blaise Lobato Released From Prison

There was virtually no physical evidence tying Lobato to the murder of Duran Bailey, a homeless man who was found beaten to death and castrated in a Downtown Las Vegas dumpster in 2001. The only real justification for her to even be a suspect was a story that she told to several people that she had fended off a rape attempt by cutting her attacker’s penis with a knife.

She had told that story weeks prior to the murder, though, and had identified the location where that incident happened as a different area of town. In spite of that, police investigators characterized her description of stabbing a man attempting to sexually assault her in the groin during an interrogation as a confession of Bailey’s murder.

More importantly, Lobato was positively verified to have been at her parents’ house in Panaca, Nevada, nearly 200 miles from Las Vegas on July 8, when Bailey was murdered. Based on that and other inconsistencies in the physical evidence, experts brought in by her defense attorneys testified that it would have been impossible for her to have carried out the murder.

However, that testimony was suppressed by Judge Valorie Vega during the original trial. Meanwhile, the prosecution was allowed to present a expert witnesses that made the ridiculous claim that flies in Las Vegas act completely different than flies anywhere else in the world do.

In addition, the district attorney’s office actively fought to prevent additional DNA testing on the physical evidence recovered at the scene, even after the Innocence Project offered to pay any costs involved. All previous DNA testing had excluded Lobato and, due to the violent method of Bailey’s death, it’s unlikely the person who murdered him could have done so without leaving their own DNA behind (such evidence from an unknown source was in fact found).

Of course, if Lobato was guilty those tests would more than likely definitively prove she was present at the crime scene. So realistically the district attorneys should have had their own incentive to cooperate with the DNA tests.

Regardless of that, Judge Vega ruled against allowing the testing. Shortly after, Vega chose not to run for reelection following an (unrelated) official reprimand against her by the Nevada Commission on Judicial Discipline. In what’s probably not a coincidence, almost exactly three years after Judge Vega left the bench Kristin Blaise Lobato walked out of the front door of the Clark County Detention Center.

Background on the Case and False Convictions

Not Surprisingly, this isn’t the first time Clark County District Attorney Steve Wolfson and his underlings at the DA’s office have gone to great lengths to keep someone who was obviously innocent in prison. Not too long ago, I reported on the case of Demarlo Berry, who was falsely convicted of murder based on testimony from a witness that was coached and paid off by detectives from the LVMPD.

Not only were the prosecutors in the case complicit in manufacturing evidence against Berry, they also delayed his release for four years after that witness recanted his testimony and the real murderer had confessed. Then, once they finally realized that they couldn’t prevent his release, they portrayed it as if they were responsible for freeing him.

In another case, Fred Steese was issued a pardon last month in order to clear his record of a murder he was falsely convicted of and spent twenty-one years in prison for after he was beaten and coerced into confessing. Prosecutors also hid evidence that definitively proved he was in another state at the time and photo lineup results that pointed to his innocence.

Instead of releasing him after he was declared “actually innocent” by a judge, they threatened to refile the charges and drag out the process coercing Steese into accepting a plea deal for second degree murder to ensure he wouldn’t have to stay in prison for years while fighting those new charges.

Numerous other convictions in Clark County have been overturned recently, including several death penalty cases, due to racial discrimination by prosecutors during jury selection. Obviously, for Wolfson and his prosecutors the important issue isn’t guilt or innocence, but rather simply whether they can get a conviction, even if it they know it’s a false conviction.

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Denver Police Sued by Man Coerced Into Murder Confession at Age of Fourteen

When he was just fourteen years old Lawrence Lorenzo Montoya, was arrested on suspicion of having committed a murder. Initially, he continually insisted that he was innocent and other evidence also indicated that was the case.

In spite of that, Denver detectives concealed the evidence that would exonerate him and eventually bullied and coerced him into a confession. Montoya subsequently was convicted based on that false confession and ended up spending thirteen years in prison before his innocence was proven by DNA evidence and he was released.

Now he’s filed a $30 million dollar lawsuit against the Denver Police Department, as well as the city and county of Denver over the life sentence he received for the wrongful conviction in the murder of Emily Johnson, a Denver teacher, on New Years Day 2000.

Via Fox 31 Denver:

Denver homicide detectives grilled Montoya for 2 1/2 hours, most of the time without even a parent present.

Attorney Lisa Polansky said they were, “Yelling and screaming in his face, making up evidence, banging on the table and cornering him against the wall. Telling him he’s going to spend the rest of his life in prison and should say goodbye to his mother.”

Lawrence Lorenzo Montoya Denver DetectiveThe police interrogation tape shows detectives lying to Montoya about the evidence and statement from other teens. Montoya told police that he was joy-riding in the stolen car the next day but did not commit the crime, wasn’t there when it happened and did not know anything about it.

According to the lawsuit, at least 65 times Montoya told police he did not have anything to do with the death. Finally, sobbing, he told police what they wanted to hear.

“I without a doubt believe he was coerced,” Polansky said.

“He ends up being convicted of a crime because the police coerced him to confess,” attorney David Fisher said.

According to the lawsuit, the interrogation tape shows detectives coaching Montoya through the false confession. It accuses police of ignoring or lying about other evidence that cleared Montoya.

Montoya was charged as an adult, convicted and sentenced to life in prison.  He spent 13 years, seven months and 13 days behind bars until a judge vacated the conviction in 2014 after new DNA testing exonerated him.

Lawrence Lorenzo Montoya Denver False ConvictionFisher said it’s hard to understand why an innocent person would confess, but points out 44 percent of juveniles exonerated by DNA were coerced into false confessions.

“To me there’s nothing worse than a kid who at 14 years old went into an adult prison facility.  It could be avoided and it needs to be avoided,” he said.

Added Polansky: “The district attorneys need to admit their mistake and I think it’s more than a mistake. Their intentional conduct in fabricating and continuing this injustice.”

Not surprisingly, Montoya’s lawyer says that he is having a hard time readjusting to society after those Heroes from the Denver PD purposely cost him roughly half of his life up to this point, in spite of the fact they knew he wasn’t guilty of the murder and had evidence to show that.

And of course, regardless of what amount the taxpayers will be forced to pay Montoya once the lawsuit settles, they will not be punished in any way whatsoever for their intentional acts.