This application was completed and submitted by Ernesto himself on January 1, 2017. See: Application.* On January 25, 2017, the Innocence Project submitted a request for information. See: Request for Information.* However, on February 10, 2017, the Innocence Project made its conclusion and determined that “cannot accept it.” It was their determination that Ernesto’s situation did not meet their strict criteria for case acceptance. See: Conclusion letter.* The main reason for making this application is his unquestionable actual innocence claim which he has maintained for the last two decades coupled with his undoubted indigent status.
On the other hand, Ernesto’s guilt in this case has been resting solely on a single inculpatory seminal fluid stain allegedly found on a bed sheet retrieved from the victim’s home together with the ambiguous and outdated RFLP DNA testing conducted in this case.
Although, this evidence has been aggressively attacked by Ernesto prior, during and after trial. It was not until 2017 that accusations against the BSO Crime Lab and its DNA consultant Dr. Martin Tracey became publicly available. See: Newspaper Articles in reference to this topic.* These accusations included mishandling and tampering with DNA evidence amongst other improprieties.
Because all the above-mentioned anomalies involving the DNA evidence in this case. The Innocence Project of Florida should have been the most logical and adequate organization to assist Ernesto in his efforts of proving his innocence. However, as it is clearly shown by their final response, the Innocence Project of Florida declined to assist Ernesto’s case for the second time in a row. Nevertheless, as it will be shown next, on February 19, 2020, the Innocence Project of Florida ultimately agreed to collaborate with the Broward Prosecutor’s Integrity Unit and asked Ernesto to sign a waiver allowing them to tell the Broward Prosecutor’s Integrity Unit that Ernesto had requested prior representation from them and share information as well. However, it was emphasized to Ernesto that the waiver was not an agreement for them to represent him.
Ernesto ultimately signed the submitted waiver on March 2, 2020 and attached a letter written on March 6, 2020. See: Innocence Project of Florida Waiver & attached Letter
Therefore, at this point in time, the Innocence Project of Florida, the Broward Prosecutor’s Integrity Unit and Ernesto’s DNA consultant Tiffany Roy are coming into an agreement to see how Ernesto can obtain help.
See: Above-mentioned documents
*Newspaper Articles
•Hundreds of Broward Cases in Doubt Over DNA Testing Problems, Expert’s Suspension for Sexism, Racism.
•BSO Crime Lab Could Be Mishandling Crucial DNA Evidence, Whistleblower Says.
•Broward Judge Isn’t Letting Defendant Challenge Bad DNA Evidence.
DNA MANIPULATED CONVICTION 