View Full Version : Bird Road Rapist
Awsi Dooger 02-21-2003, 06:54 AM I would really appreciate it if anyone remembers this one and can provide further details, especially regarding an update if the case has been solved. I think it aired on UM in '91 or '92.
I am originally from Miami, and Bird Road was just a few blocks from our home. All of our high school haunts and cruising time was on Bird Road, so it was quite a jolt to see a criminal case featured just a few years later on UM.
sdb4884 11-30-2010, 10:01 AM Was Luis Diaz ever acquitted of this crime?
cocytus 11-30-2010, 10:12 AM Was Luis Diaz ever acquitted of this crime?
Yes he was, OP.
Luis Diaz was released from jail after a motion was filed in 2003. His DNA did not match any of the samples that were taken from victims.
Unfortunately, the state of Florida has no laws providing compensation to wrongly convicted people, so he was given just $50 and a bus ticket home for the 26 years of his life that were wasted.
Here's a link:
http://www.innocenceproject.org/docs/DiazPressRelease.pdf
and here's one as well:
http://www.mirror.co.uk/news/top-stories/2005/08/13/exclusive-my-26-year-fight-to-prove-that-my-jailed-father-was-innocent-of-rape-115875-15852564/
sdb4884 11-30-2010, 10:52 AM Yes he was, OP.
Luis Diaz was released from jail after a motion was filed in 2003. His DNA did not match any of the samples that were taken from victims.
Unfortunately, the state of Florida has no laws providing compensation to wrongly convicted people, so he was given just $50 and a bus ticket home for the 26 years of his life that were wasted.
Here's a link:
http://www.innocenceproject.org/docs/DiazPressRelease.pdf
and here's one as well:
http://www.mirror.co.uk/news/top-stories/2005/08/13/exclusive-my-26-year-fight-to-prove-that-my-jailed-father-was-innocent-of-rape-115875-15852564/
That's just pathetic, what sort of state is Florida?
TracyLynnS 11-30-2010, 12:38 PM That's just pathetic, what sort of state is Florida?
It's unbelievable that any state could incarcerate an innocent person, ruin their life, then do absolutely nothing to compensate the person for what's been done to them.
I thought that one reason the US declares a suspect to be innocent until proven guilty was because we are determined to make sure that citizens aren't in danger of wrongful conviction.
Obviously, it's not a perfect world, so mistakes happen, but I thought the USA was trying to be especially careful about not making these kinds of mistakes.
Sorta related to this.... I was recently reading information about the sentences for different crimes here in MI. I was suprised to find out that deliberate, malicious prosecution only has a maximum sentence of something like 43 days. Apparently, a person can bring a lawsuit against another person for no other reason than to use the law and manipulate the legal system to make the victim's life miserable, cause them to miss work, incur financial losses, and suffer stress and humiliation.
The only deterrent to that kind of crime is a possible maximum sentence of a month in jail. That's crazy.
I also found out that the maximum sentence for violating a protection order is so ridiculous that it basically makes a victim getting a PPO against a dangerous person nearly worthless.
dks64 01-14-2011, 04:39 PM This episode just reaired on Lifetime (I recorded it), this is the first time I'm seeing it. I'm almost at the end, I'm at the part where they're discussing his job and how none of the victims reported a food smell. The second I saw it, I screamed out loud "He's innocent! He's innocent!" If I were on the jury, I would have aquitted him based on that alone. I worked fast food for 4 1/2 years. I worked every position, including cooking, and I can say for 100% fact that if he had been guilty, raping women right after work, they would have noticed the smell. When I worked the burger grill, my skin would smell for 2-3 days after, even after showering. I would come home and even my bra and underwear would smell like burgers. I would walk into a room and my family could smell me. I'm shocked he was ever convicted based on that alone. There was reasonable doubt for other reasons as well.
MegtheEgg86 01-14-2011, 05:02 PM I worked fast food for 4 1/2 years. I worked every position, including cooking, and I can say for 100% fact that if he had been guilty, raping women right after work, they would have noticed the smell. When I worked the burger grill, my skin would smell for 2-3 days after, even after showering. I would come home and even my bra and underwear would smell like burgers. I would walk into a room and my family could smell me. I'm shocked he was ever convicted based on that alone. There was reasonable doubt for other reasons as well.
I worked at a KFC in high school and experienced that phenonmenon myself, just with chicken! :lol:
TheCars1986 01-14-2011, 05:24 PM This episode just reaired on Lifetime (I recorded it), this is the first time I'm seeing it. I'm almost at the end, I'm at the part where they're discussing his job and how none of the victims reported a food smell. The second I saw it, I screamed out loud "He's innocent! He's innocent!" If I were on the jury, I would have aquitted him based on that alone. I worked fast food for 4 1/2 years. I worked every position, including cooking, and I can say for 100% fact that if he had been guilty, raping women right after work, they would have noticed the smell. When I worked the burger grill, my skin would smell for 2-3 days after, even after showering. I would come home and even my bra and underwear would smell like burgers. I would walk into a room and my family could smell me. I'm shocked he was ever convicted based on that alone. There was reasonable doubt for other reasons as well.
Yep, I agree about the food smell. No matter what your job was, if you worked around a kitchen you would have that distinct food smell on your person. Not to mention Diaz's wife usually dropped him off for work everyday and picked him up, so it's not like he had access to his own car...his wife would know if he was out with the car on the nights these rapes occured. I have to say that I didn't like the attitude of the woman who saw Diaz at the gas station. I know she was brutally raped and had every right to be bitter, hurt, and angry, but her attitude about "If the police had checked further into the man I initially said was the suspect some of the other rapes may have been prevented..." kind of annoyed me. She was certain it was Diaz, and even picked him out of a line up and out of a series of photos. Then when the update came on and said Diaz was cleared based off of DNA evidence the first thing I thought was, "I hope he gets some compensation." I was thinking more along the lines of a million dollars over $50 and a bus ticket.
RobinW 01-14-2011, 07:45 PM This addresses the issue a little bit. A bill was passed in Florida in 2008 that allowed for compensation for the wrongly convicted. However, this article claims that even though DNA evidence exonerated Luis Diaz for two of the rapes, his lawyers would have to legitimately prove that he didn't commit the other five rapes before he received any compensation! So yeah, it would be like to trying to fight for his innocence all over again :mad: !
http://buzzc.proboards.com/index.cgi?board=seekfreedom&action=display&thread=636
dks64 01-15-2011, 01:28 PM I worked at a KFC in high school and experienced that phenonmenon myself, just with chicken! :lol:
My brother and his (soon to be ex) wife met while working at KFC, they would come home smelling like it, even just working the register. It gets in your hair and your skin, bleh. I was also a server who never went into the cook area and I would smell like food just being in the restaurant. Just like when you leave Subway, you often smell like bread.
Yep, I agree about the food smell. No matter what your job was, if you worked around a kitchen you would have that distinct food smell on your person. Not to mention Diaz's wife usually dropped him off for work everyday and picked him up, so it's not like he had access to his own car...his wife would know if he was out with the car on the nights these rapes occured. I have to say that I didn't like the attitude of the woman who saw Diaz at the gas station. I know she was brutally raped and had every right to be bitter, hurt, and angry, but her attitude about "If the police had checked further into the man I initially said was the suspect some of the other rapes may have been prevented..." kind of annoyed me. She was certain it was Diaz, and even picked him out of a line up and out of a series of photos. Then when the update came on and said Diaz was cleared based off of DNA evidence the first thing I thought was, "I hope he gets some compensation." I was thinking more along the lines of a million dollars over $50 and a bus ticket.
Exactly! The only reason he was ever convicted was because of the rotten cops who lied at every turn of the investigation (where the brother in law worked, that he spoke English, told the witnesses who to pick, etc). Was the girl at the gas station told to identify this guy like the others were? Eyewitness testimony is often not reliable, that should have been taken into consideration.
frostedkrispies 04-24-2013, 08:45 PM You have to be absolutely sure before you convict if you're on a jury. None of these jurors were sure, but they convicted him anyway, didn't they. :(
thinwhiteduke74 04-24-2013, 10:12 PM I would really appreciate it if anyone remembers this one and can provide further details, especially regarding an update if the case has been solved. I think it aired on UM in '91 or '92.
I am originally from Miami, and Bird Road was just a few blocks from our home. All of our high school haunts and cruising time was on Bird Road, so it was quite a jolt to see a criminal case featured just a few years later on UM.
I live about a mile from Bird Road. This case was huge.
dks64 04-25-2013, 02:10 PM You have to be absolutely sure before you convict if you're on a jury. None of these jurors were sure, but they convicted him anyway, didn't they. :(
Rape cases are typically he said, she said though. That's where it gets sketchy.
sffan 04-25-2013, 10:27 PM Yes he was, OP.
Luis Diaz was released from jail after a motion was filed in 2003. His DNA did not match any of the samples that were taken from victims.
Unfortunately, the state of Florida has no laws providing compensation to wrongly convicted people, so he was given just $50 and a bus ticket home for the 26 years of his life that were wasted.
Wow that is just a complete injustice. That just shows anyone can be wrongly convicted, granted this case occurred pre decisive DNA testing.
Alcazar 04-25-2013, 11:17 PM Ugh I just watched this one off the DVR... This was a heartbreaking case. It took me minute to realize that Luis Diaz was giving his interview in prison clothing. :( Once I realized that, I started to get panicky, like wait, they are going to end up convicting him?? So horrible. I agree that the fact none of the victims mentioned anything about a food or grease smell should have been a huge red flag in this case. I was incensed when the prosecuting attorney said something like, "well when he testified, we couldn't smell any garlic in the court room, so I guess the smell isn't as strong as they claim." :mad: Umm, so does he think that Mr. Diaz showed up in court for his trial right after working a shift at the restaurant or something? What an idiotic thing to say. Moron. I really feel for the poor Diaz family, as well as the rape victims - were the real rapists ever brought to justice?? :confused:
Hambone2421 07-09-2015, 02:49 PM One of the biggest issues I have with this case is how the police automatically assume that all of these rapes were committed by the same person simply because of the road it occurred on and the method the rapist used to get the women in his car. I realize those are big factors, but it seems like they'd have more concrete proof before assuming they were all related. They based the entire investigation off of the assumption that they were all related.
TheCars1986 07-10-2015, 08:07 AM One of the biggest issues I have with this case is how the police automatically assume that all of these rapes were committed by the same person simply because of the road it occurred on and the method the rapist used to get the women in his car. I realize those are big factors, but it seems like they'd have more concrete proof before assuming they were all related. They based the entire investigation off of the assumption that they were all related.
I haven't seen this segment in a long time, but didn't the women each give different descriptions of the rapist, and different forms of dialect that he used?
RobinW 07-10-2015, 09:55 AM I haven't seen this segment in a long time, but didn't the women each give different descriptions of the rapist, and different forms of dialect that he used?
Yes, some of the victims gave vastly different descriptions of their assailant, which is why I'm convinced that the rapes were committed by multiple perpetrators (none of whom were Luis Diaz) during that three-year period. Some of the victims in the segment even admitted they weren't sure Diaz was the same man who raped them, but still identified him because they naively thought that if the police had arrested him, he must be the right guy.
I also seem to remember there being a theory that a gang was operating in the Bird Road area at that time and may have had new members sexually assault women as form of initiation, which might explain why so many rapes could have taken place in that specific area with different Hispanic perpetrators. This case kinda reminds of the controversial Atlanta Child Murders case from the same time period where all of the 28 murders were pinned on Wayne Williams so they could conveniently close the case, even though it's far more likely not all of them are connected and that the murders were committed by multiple perpetrators.
rarjake 12-17-2015, 12:44 PM Just watched this case, again. and it really pisses me off, these woman lied. i can understand the trama they went through, but to just be like in the court room. oh i dont know if he is, but i am just going to say he is because the police think he did it. the police think you did it because you I'D him.
i know they never will do it, but should they be tried for perjury? this man was in prison for 25 years.
just shows our justice system isn't perfect, esp. for minorities. what took till 2005 to test the DNA? I guess thats just anther case all together.
DALLASTEXAN!! 12-21-2015, 03:57 PM Just watched this case, again. and it really pisses me off, these woman lied. i can understand the trama they went through, but to just be like in the court room. oh i dont know if he is, but i am just going to say he is because the police think he did it. the police think you did it because you I'D him.
i know they never will do it, but should they be tried for perjury? this man was in prison for 25 years.
just shows our justice system isn't perfect, esp. for minorities. what took till 2005 to test the DNA? I guess thats just anther case all together.
Beyond all this its poor police work. They were under pressure to solve this crime and instead of looking for the truth they framed an innocent man who was every bit the easy target for them as the women involved were for the rapist. This case like many others featured proves that eye witness testimony is unreliable especially when you factor multiple witnesses together.
JannTosh 03-08-2016, 02:39 PM watched this on the Farina version. Infuriating case
The police were disgusting, but blame must be put on the women who identified him. Despite what they went through, what they did was horrible.
Awsi Dooger 03-09-2016, 04:58 AM One of the biggest issues I have with this case is how the police automatically assume that all of these rapes were committed by the same person simply because of the road it occurred on
Yep, and this is a major road that extends mile after mile in southwest Miami with tons of varied businesses on either side. Three eastbound lanes and three westbound lanes. It's been that way for decades, dating long before those rapes.
To provide an idea of how high profile Bird Road is, that was the street where the Miami Heat championship celebrations took place immediately after they clinched the title. Fans grouped there by the thousands, including myself, banging pots and pans well into the wee hours. I'm sure there are videos on YouTube. Traffic was at a standstill but nobody cared. There was pedestrian traffic equally mixed with people happily honking their car horns and remaining virtually stationary for hours.
I've noticed that many of these true crime programs don't do a competent job of depicting the street or area where the incident took place. For example, one recent program featured a murder that happened maybe 30 years ago on Highway 27 in central Florida. It involved a carnival worker. I seem to remember his daughter and her friend were the killers. Anyway, the show wanted you to believe that 27 is a tiny obscure road in the middle of nowhere. Hardly. It can have desolate spots but that road is double laned in both directions. It was the major north/south route through central Florida before the turnpike and I-95 were built. US 1 served the same purpose on the coast.
thinwhiteduke74 03-09-2016, 07:42 AM As someone who lives a quarter mile from Bird Road, I agree with that characterization. The episode makes it look like a moderately busy country road.
UMFaninMD 03-09-2016, 07:36 PM I think the shows portray these locations as secluded on purpose to make it more suspenseful. I remember a thread where someone posted pictures of the Wacker house and the store where Debra Poe worked. UM made it look like desolate locations when in reality they weren't.
JannTosh 06-28-2016, 02:44 PM this is a perfect case to show to the people who say the word of the victims alone in a rape case should be enough to convinct
Souldriver5440 07-29-2022, 09:58 PM Why would anyone rape a bird road?
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