Thursday, May 28, 2009

Jailed 102 days for looking like robber

OC Register: Man jailed for 102 days before charges were dropped
SANTA ANA – A man once accused of robbing four Orange County banks is considering a lawsuit against police after spending 102 days in jail before prosecutors dismissed all charges against him.
[snip]
In an interview this week, Abenoja said the criminal charges have damaged his reputation and livelihood, noting that he lost two jobs because he had been incarcerated for more than three months.

Hey, that's not the polices' fault!

It was his fault for looking like a bank robber.
"It was entirely based on eyewitness identification," he said. "They didn't find a gun, they didn't find a wig, and the DNA evidence at the scene excluded (Abenoja's DNA)."



...bank tellers and patrons identified Abenoja out of a photo lineup.
[snip]
Baruch and Abenoja said police began investigating Abenoja after they received a call from a former co-worker of his. That individual had seen surveillance video of the bandit on TV and called police to say the suspect resembled Abenoja, they said.

Yep. They look alike.

Apparently looking like someone who did something bad is cause for three months of incarceration.
Results showed that Abenoja's DNA was not found at the scene of the crimes.

"This doesn't mean that he is or is not responsible," Emami said.

That is certainly true, but if it was the only bit of evidence linking him to the scene besides eyewitnesses, it might mean that you should let him go before three months passes...

Well, stuff happens, you know? It's an imperfect world.

At least this was an isolated incident... Oh wait...
It's at least the second felony case dropped this month by county prosecutors for lack of evidence. Aaron Burris, also of Huntington Beach, spent five days in jail after being arrested on suspicion of robbing a convenience store at gunpoint. Charges against Burris were dropped May 1, at the recommendation of police – after they found evidence Burris was at a Los Angeles Clippers' game at the time of the robbery.

Whoops.

Well, a Clippers' game is a likely excuse. It's not like you can just check that... Especially not within five days!

Still, it beats 102 days.

I guess Burris should be thanking them.

2 comments:

Anonymous said...

Boggles the mind.
I can't think of anything to say, this is just SOOOOO stupid. Things could have moved MUCH faster then 3 1/2 months.
I hope tha lawsuit goes forward, and he collects a ton of money, as well as a BIG PUBLIC apology from the city and the police. Always hit 'em where it hurts the most. Time & money.

B Woodman

Mike said...

Nah, he's hosed. CA has some very tough protections for public employees. It's virtually impossible to sue one... and win.