#562 Jason Flom with Rafael Madrigal

On July 5, 2000, Ricardo Aguilera was shot and wounded in a gang related drive-by shooting in Los Angeles, California. Several witnesses identified 25-year-old Rafael Madrigal Jr. in a photo lineup as either the shooter or driver of the car involved. Those witnesses testified against Rafael at trial.

Rafael, who maintained his innocence throughout the ordeal, had been at work at Proactive Packaging, a 50-minute drive away, at the time of the shooting. A co-worker could have confirmed his alibi, and his boss could have testified that he was certain Madrigal was at work because he was the only one who knew how to operate one of the machines in the production line. But Rafael’s defense attorney only called a single co-worker to the stand at the trial, and did not present a recording of Rafael’s co-defendant admitting that Rafael was not involved.

On January 18, 2002, a jury convicted Rafael of attempted murder and he was sentenced to 53 years to life in prison.

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