Actual innocence claim may be available to 2 TDCJ inmates freed on bond by San Antonio judge
Read full article: Actual innocence claim may be available to 2 TDCJ inmates freed on bond by San Antonio judgeSAN ANTONIO ā After it was revealed that an informant had āplantedā evidence that led to the conviction of John Cape, 49, and Louie Garcia, 48, on drug charges, District Court Judge Velia Meza ordered both men released on bond Thursday. Among the courtās options are to make a finding of actual innocence under the stateās Actual Innocence Law. āItās an avenue of relief that a defendant can file once theyāve been convicted," Court of Criminal Appeals Court Judge Bert Richardson said. Thereās a lot of ground to cover outside the legal world by just finding new evidence, whatever that evidence might be. Whether itās new scientific evidence or whether itās new legal evidence.āAfter reviewing the evidence, it is up to the appeals court to set aside the conviction with a declaration of actual innocence.