Recent Blog Posts

Monday, November 23, 2009

Fernando Bermudez exonerated--informant found to have lied

Cleared of murder charges after serving 18 years, Fernando Bermudez was freed on Friday. See NYT story here and my

previous post. Four witnesses recanted their testimony, stating that they had been pressured by the government into identifying Mr. Bermudez as the shooter. The main witness, Efraim Lopez, testified falsely under a cooperation agreement guaranteeing that he would not be charged with any crimes, even though he was centrally involved in the shooting. Judge Cataldo concluded that the government either knew or should have known Lopez was lying. Judge Cataldo's opinion is available here. Although the government concedes that its main witness Lopez perjured himself at trial, it has announced that it intends to appeal.