From Innocence Project <[email protected]>
Subject Carlos DeLuna should never have been executed
Date June 17, 2021 11:40 PM
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John —

In 1989, Carlos DeLuna was executed for the murder of a gas station employee, despite always maintaining his innocence. More than thirty years later, a new documentary, The Phantom, offers striking evidence to support his claim.

At his trial, Carlos DeLuna insisted that another man, Carlos Hernandez, had actually committed the murder, but prosecutors dismissed his claim asserting that “Mr. Hernandez” was a “phantom” suspect whom he had fabricated. Carlos DeLuna was later convicted and sentenced to death largely based on eyewitness misidentification. He was only 27:

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Evidence uncovered years after Carlos DeLuna’s execution reveals not only that Carlos Hernandez existed, but that he was well-known to police and prosecutors at the time of trial and had a long history of violent crimes similar to the one for which Carlos DeLuna was executed.

The prosecution’s description of Carlos Hernandez is now the title of a deeply disturbing documentary, which premiered at the Tribeca Film Festival on June 14 and is set for release in theaters on July 2. The documentary presents a damning portrait of the United States’ criminal legal system, which has heavily disadvantaged both members of the Latinx community and people living in poverty.

Read more about Carlos DeLuna’s story and The Phantom and then spread the word by sharing the article with your friends and family:

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Also available in Spanish:

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To date, 185 innocent people have been sentenced to death and subsequently exonerated for crimes they didn’t commit. But execution is irreversible and the risk is too high. That’s why we need your help to raise awareness about this important new documentary.

Thank you for your support,

— The Innocence Project Team

P.S. If you want to help address wrongful execution, join us and our partners in signing this petition asking President Biden to commute the sentences of those on federal death row:

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Started in 1992 as a legal clinic at Cardozo School of Law, the Innocence Project is now an independent nonprofit, affiliated with Cardozo, that exonerates the wrongly convicted through DNA testing and reforms the criminal justice system to prevent future injustice.

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