State of Texas v. Carlos Jaile

El Paso, Texas defendant was charged with child sexual abuse.



Carlos Jaile was charged with aggravated sexual assault and kidnapping,



The Texas Court of Appeals - El Paso described the case against Jaile as follows:



"On August 3, 1987, the eight-year-old complainant was abducted, taken to a secluded area of El Paso and sexually assaulted by a man she did not know. The actor then took complainant to another part of town, told complainant he would kill both her and her mother if she ever told anyone what he had done and released her. Complainant contacted an outcry witness who notified the authorities. After the police interviewed complainant, a doctor examined her and confirmed that rectal penetration occurred."



See: Jaile v. State, 836 S.W.2d 680 (Tex. App. 1992)



Defendant pleaded not guilty.



The Victim identified the Defendant as the assailant.





Jaile focused his defense around the potential errors likely made by a child victim in identifying her assailant from a single brief, traumatic encounter which occurred over two years prior to her out-of-court lineup identification. The evidence produced on this issue illustrated, in part, that Jaile wore different clothes than described by the victim, he drove a different style and colored vehicle and he sported a different hairstyle than described by the victim. Appellant also raised an alibi defense by calling several witnesses to establish his whereabouts at or near the alleged time of the offense.



The El Paso District Attorney's Office had a report from the FBI that Jaile was not the perpetrator but did not give defense counsel the evidence.

Defendant was found guilty and was sentenced to life in prison on December 17, 1990.



"As was their prerogative, the jury resolved the conflict against Appellant and found him guilty on both counts. During the punishment phase, the State re-offered the evidence admitted during the guilt-innocence phase and rested. Appellant offered his application for probation which was admitted into evidence, and he also rested. After the court read the lengthy charge to the jury, the State waived opening argument. Subsequently, Appellant's counsel presented a short argument followed by the State's closing argument. After deliberating approximately thirty minutes, the jury returned a verdict assessing punishment"



Jaile appealed to Court of Appals of Texas, El Paso claiming:



"In his first point of error, Appellant asserts that he was denied effective assistance of counsel in the punishment phase of the trial. In Point of Error No. Two, Appellant argues the conviction on the kidnapping charge constitutes double jeopardy because it subjected him to a second conviction for conduct for which he had been previously prosecuted. In Point of Error No. Three, Appellant complains that the delay between his arrest and trial prejudiced his defense in violation of his right to a speedy trial. In his fourth point of error, Appellant contends he was denied effective assistance of counsel due to trial counsel's failure to raise a speedy trial challenge. In his last point of error, Appellant asserts that the delay between the time of the alleged offense and the trial diminished the viability of his alibi defense and thus violated his right to a fair trial and due course of law. A short rendition of the facts is appropriate."



The conviction was affirmed.



Jaile fired a pettion for a writ of habeas corpus.



He claimed that the State withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963).



Jaile's petition for a writ was denied by the El Paso County District Court but was granted on appeal by the Court of Appeals of Texas.



In 2018, a female juror contacted the El Paso District Attorney's Office and asked that the conviction of Jaile be review.



Robert Ramos reviewed the States files and found that the DNA collected from the victim did not match Jaile's DNA.



On March 25, 2019, 384th Judicial District Court Judge Patrick Garcia approved a recommendation to the Texas Court of Criminal Appeals that the writ be granted.



On July 3, 2019, the Texas Court of Criminal Appeals, in a two-page ruling, granted the writ, vacated Jaile’s convictions, and ordered a new trial.



On September 13, 2019, Jaile was released on bond. He had spent nearly 29 years in prison since his conviction in December 1990.



On March 25, 2022, the prosecution dismissed the charges.



A wrongfully convicted person is entitled to $80,000 per year of wrongful incarceration, an annuity, as well as $25,000 per year spent on parole or as a registered sex offender.

The child victim misidentified Jaile as the perpetrator and the El Paso Count prosecutor violated Brady v. Maryland to secure the conviction of an innocent man.