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Breaking News

Wrongly Imprisoned OC Man Wins State Payment

By R. Scott Moxley, Tuesday, Apr. 22 2008 @ 4:00PM
Comments (4)
Categories: Crime & Sex, Main, Moxley

For Buena Park's James Ochoa, the indescribable agony of spending 16 months locked in the Orange County Jail and a California prison for crimes he did not commit is a bit less painful today.

This afternoon, a state board in Sacramento voted 3 to 0 to award Ochoa nearly $30,000 in compensation in one of the final chapters of a bizarre law enforcement case. (Witnesses at the scene say board member Rosario Marin, a member of the governor's cabinet, argued against the payment but must have recorded a favorable vote to join State Controller John Chiang and San Bernardino County District Attorney Michael Ramos. California law permits wrongfully imprisoned people to apply for a $100-per-day fee for time spent in prison. Time in county lockup doesn't count.

"It's like a miracle," Ochoa lawyer Scott Borthwick said immediately after the hearing. "Every step of the way James had been screwed by government authorities. Finally, this board stood up and did the right thing."

In 2005, police arrested and prosecutors charged Ochoa—then 20 years old—for a robbery/carjacking near a Buena Park nightclub. A pre-trial article in the Weekly demonstrated numerous gaping holes in the government's case, and yet law enforcement officers refused to drop it. Most significantly, DNA evidence left at the scene of the crime did not match Ochoa. There were also substantial questions surrounding the competence and integrity of a police dog handler. In the middle of the trial, Superior Court Judge Robert Fitzgerald pressured Ochoa to accept a two-year prison deal by threatening to send him away for the rest of his life if a jury found him guilty. Over Borthwick's objections, Ochoa took the deal. Justice arrived 16 months after the ordeal began when crime lab officials matched the DNA from the crime to a prisoner sitting in the Los Angeles County Jail. Fitzgerald quickly released Ochoa from prison.

Earlier this year, the Weekly revealed that prior to trial prosecutors had asked the crime lab to alter its findings that Ochoa was excluded as a source of the DNA. You can read that story here.

The Innocence Project, by famed defense lawyers Barry C. Scheck and Peter J. Neufeld, features the case on its website.

Ochoa's civil rights lawsuit is set for trial in federal court on May 20 in the Ronald Reagan Federal Court Building.


--R. Scott Moxley / OC Weekly


Tags:

Barry C. Scheck, Buena Park police, James Ochoa, John Chiang, Judge Robert Fitzgerald, Michael Ramos, OC Weekly, Peter J. Neufeld, R. Scott Moxley, Rosario Marin, Scott Borthwick, The Innocence Project, wrongful conviction
Comments (4) Write Comment
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Related Content

  • There Once Was a Judge From Nantucket December 22, 2005
  • Oops October 26, 2006
  • Moxley's Ochoa Trifecta November 2, 2006
  • Add Todd Spitzer to heroes list in wrongful conviction case August 21, 2008
  • [Moxley Confidential] CSI Games: If DNA Evidence Doesn't Fit in Orange County, Alter It? March 13, 2008

More About:

  • James Ochoa
  • Buena Park
  • Scott Borthwick
  • U.S. Courts
  • Criminal Sentencing and Punishment

Comments (4)

Debby Bodkin says:

JUSTICE PREVAILS!!! This is great news for James Ochoa. Much thanks goes to his attorney Scott Borthwick for believing in his client and fighting for justice. Not all attorneys would have stayed through the fight and it is great that both James and his attorney have some type of vindication. Now it is time for James to write his book.... no doubt he can get some expert advice from at least one of the OC Weekly award-winning journalists.

Posted On: Tuesday, Apr. 22 2008 @ 6:36PM
Baker says:

Congratulations to Ochoa. I only wish those people who screwed up had to pay the costs. That would be fair I think.

Posted On: Tuesday, Apr. 22 2008 @ 8:45PM
Rocco Quaranta says:

Congrats to Ocha, and the highest praise to Scott Borthwick for his incredible work ethic to get this job done!!!

Posted On: Saturday, Apr. 26 2008 @ 9:14PM
TANIA GOMEZ says:

I am glad my cousin James Ochoa got a compensation. I would like to thank his attorney Scott Borthwick for never giving up on James and for always believing in him. Thank you to all those who supported James. It really meant alot for him and his family. Thank you!

Posted On: Wednesday, Jun. 18 2008 @ 11:12AM

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