Bird Road Rapist

[Awsi Dooger]

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]

Was Luis Diaz ever acquitted of this crime?

[cocytus]

Originally Posted by sdb4884

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...essRelease.pdf

and here's one as well:

http://www.mirror.co.uk/news/top-sto...5875-15852564/

[sdb4884]

Originally Posted by cocytus

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...essRelease.pdf

and here's one as well:

http://www.mirror.co.uk/news/top-sto...5875-15852564/

That's just pathetic, what sort of state is Florida?

[TracyLynnS]

Originally Posted by sdb4884

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]

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]

Originally Posted by dks64

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!

[TheCars1986]

Originally Posted by dks64

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]

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 !
http://buzzc.proboards.com/index.cgi...lay&thread=636

[dks64]

Originally Posted by MegtheEgg86

I worked at a KFC in high school and experienced that phenonmenon myself, just with chicken!

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.

Originally Posted by TheCars1986

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]

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]

Originally Posted by Awsi Dooger

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]

Originally Posted by frostedkrispies

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]

Originally Posted by cocytus

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]

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." 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??