Victor Ortiz

The Crime

At 10:30 p.m. on Jan. 8, 1983, a 17-year-old girl was walking on the street in Newburgh, New York, when a man approached. He pointed a gun at her and forced her to walk into nearby woods, where he raped her. After the man fled, the victim, identified as A.A., walked to her boyfriend’s house, where she spent the night.

The next morning, A.A. went to the hospital where a rape kit was collected and police were notified. Her clothing was collected as evidence. 

The Investigation

In March 1983, the police put a photograph of 24-year-old Victor Ortiz, who had a prior sex crime conviction in Florida, into a photographic lineup. A.A. identified Mr. Ortiz as her attacker.

On March 24, 1983, Mr. Ortiz was arrested. He was charged with one count of first-degree rape and two counts of first-degree sodomy.

The Trial

Mr. Ortiz went to trial in January 1984 in Orange County Supreme Court. The victim identified him as her attacker. Her boyfriend testified that she had told him about the rape.

On Jan. 17, 1984, Mr. Ortiz was convicted on all three charges. He was sentenced to 12.5 to 25 years in prison.

The New York Appellate Division affirmed the convictions and sentenced him in 1988. In 1992, Mr. Ortiz filed a federal petition for a writ of habeas corpus. The petition was denied in 1993.

The Exoneration

In 1994, Mr. Ortiz contacted the Innocence Project asking for help in obtaining DNA testing. In 1995, after the rape kit and other physical evidence had been located, the Orange County District Attorney’s office agreed to testing. 

The evidence was sent to Forensic Science Associates (FSA), a California DNA laboratory, along with a sample of Mr. Ortiz’s blood.

In 1996, FSA reported that DNA testing excluded Mr. Ortiz as the source of spermatozoa on the evidence. On Oct. 24, 1996, Mr. Ortiz’s conviction was vacated and the charges were dismissed. He was released, having served nearly 13 years in prison. 

In 2000, Mr. Ortiz was awarded $530,658 in compensation by the state of New York.