Mark Diaz Bravo

The Crime

On Feb. 20, 1990, Mark Bravo was working as a nurse at the Metropolitan State Hospital in Los Angeles. A long-time patient at the hospital approached a guard and said she had been raped that afternoon. She named several people as her attacker, including Mr. Bravo, when she was interviewed by hospital authorities. He was arrested the next morning and charged with rape. Mr. Bravo maintained a strong alibi. He said that he left the hospital at 11:00 a.m. and had not returned until after 12:30 p.m. He had been in meetings from 1:00 p.m. until after 3:00 p.m. He claimed that he went home that night not knowing that anyone had been raped that day.

The Trial

Controversy over DNA testing developed before the trial began, as the defense attorney claimed that he requested testing be done by the district attorney’s office on items found at the crime scene. The prosecution said that a desire for testing was never mentioned before the trial. Mr. Bravo was eventually convicted and sentenced to a prison term of eight years.

The prosecution presented a blanket found at the crime scene with male biological deposits. The blood type found on the blanket is found in only 3% of the population, from which Mr. Bravo could not be eliminated. The analyst, however, falsely testified that only 1.5% of men had that blood type, leading jurors to believe that the probability statistic was twice as strong as it actually was. This evidence was bolstered by the victim’s identification and evidence that Mr. Bravo had previously misrepresented himself.

Appeals all the way to the California Supreme Court were denied. Mr. Bravo’s conviction was upheld and the state Supreme Court denied the motion to admit new evidence.

The Exoneration

Post-conviction motions eventually won Mr. Bravo DNA testing, and the case returned to the Los Angeles Superior Court in October 1993.

DNA testing was performed on a sheet, blanket, and a pair of panties that were collected from the crime scene. The results came back on Dec. 24, 1993, showing that none of the stains matched the DNA profile of either Mr. Bravo or the victim. Mr. Bravo was therefore eliminated as the perpetrator.

The Superior Court judge issued an order on Jan. 6, 1994, that Mr. Bravo be released immediately.