LA District Attorney Nathan Hochman orders release of two people wrongfully-convicted of murder
Just days after a judge overturned the convictions of two people, Charlotte Pleytez and Lombardo Palacios, in the 2007 murder of a man in East Hollywood, District Attorney Nathan Hochman has vacated their convictions and ordered their immediate release.
"Our justice system must be both fair and accurate, and this case highlights the critical importance of never resting until justice is done, reviewing even past cases with the utmost care to ensure that the right and just result is reached," Hochman said in a statement. "I want to extend my deepest apologies to Ms. Pleytez and Mr. Palacios for the years of hardship they endured due to these wrongful convictions."
The process for exonerations was started under then-District Attorney George Gascón, who preceded Hochman.
In October, Gascón said that Palacios, who was 15 at the time of his conviction, was the subject of "coercive investigations" by local law enforcement. He insisted on his innocence for nearly two hours before he was lied to and falsely told that there was video evidence showing he was the killer, Gascón said.
Additionally, Gascón also said that Palacios did not accurately describe what happened or what type of weapon was used in the killing because "he was never actually there." The jury that heard his case never saw those videos alluded to by investigators.
Pleytez also maintained her innocence while being interrogated by police, Gascón said.
Superior Court Judge William C. Ryan, who vacated the convictions, did not originally rule on the prosecution's request for exoneration in October. He instead ordered attorneys back in court come Nov. 1, after more information was provided by the prosecutor who handled the initial trial.
Though Tom Trainor, the head of the D's Conviction Integrity Unit, said that he felt "very confident" in the recent analysis by the D.A.'s Office on the case in October, he noted that the trial prosecutor, Deputy District Attorney Dayan Mathai, had "raised some concerns" and that he he should be "given the opportunity to be heard."
The attorney representing Pleytez, Matthew Lombard, objected to Mahai's "last-minute approach" as he called it, saying that there was "more than enough" to grant the petition and vacation the convictions of his client, now 37, and Palacios, now 32.
Their convictions stemmed from an altercation back on March 28, 2007, when Hector Luis Flores was shot at around 10:20 p.m. in the parking lot of a shopping center in the 5200 block of Sunset Boulevard. Flores died after being rushed to a nearby hospital.
During a press conference on Monday, Hochman said that eyewitness identifications and other "circumstantial evidence" led to the arrests of Pleytez and Palacios in 2007. They were convicted in 2009 of first-degree murder, resulting in 50years to life in prison sentences for each. Those convictions and sentences were affirmed on appeal.
He further detailed the behind the scenes moves that his office made to secure freedom for the wrongly-convicted individuals. They were invited to work with a legal team made up on attorney Ellen Eggers, Pleytez's attorney, Palacios' attorney Nicolas Tomas and the California Innocence Advocates.
Tomas represented both Pleytez and Palacios when the initial request was submitted to the D.A.'s Conviction Review Unit in Nov. 2022.
"We are reluctant to say justice has been done, because the injustices our clients have suffered for nearly two decades are unfathomable, but this is definitely a case for celebration," Lombard said in a statement.
Tomas also shared a statement, which read, "Charlotte, Lombardo, their families, and the entire legal team are profoundly thankful to the Conviction Review Unit for having provided a platform to present this case and for working collaboratively to uncover the truths which ultimately set our clients free."
The CRU and attorneys for the two filed a joint petition in order to vacate the convictions and find Pleytez and Palacios factually innocent. Ryan vacated their convictions and grated release on Friday. Hochman's office says they will seek a finding of factual innocence at a later date.
The D.A.'s office also provided a supplemental letter to the court supporting the habeas petition and release "clarifying its position on the underlying investigation and prosecution and the reasons for the requested relief."
"The DA's Office asserts that, following a detailed review and analysis of the investigation and prosecution of the 2009 convictions, there is no evidence to suggest that any of the investigating officers, responding officers, or prosecutors involved in the case acted inappropriately, unethically, or illegally in performing their duties in the investigation and prosecution of this case given the applicable case law and state of the evidence at that time," Hochman said. "The request for relief in this case was based entirely on new evidence uncovered by the joint CRU and defense investigation."
