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geri silva

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Home -> About Three Strikes -> The FACTS 150 -> Story #4

Silvio Hernandez

Type:3rd StrikerSentence:25 years to life

Forpossession of a weapon

Type:Date:Strike(s):

Current01/28/1996Possession of Weapon

Prior10/25/1983Residential burglary

Prior02/03/1989Residential burglary

Race ethnicity:Dominican Republic

Physically disabled:N/A

Mentally disabled:N/A

History of suffering from substance abuse:N/A

Marital status:Married

No. of Children:1

Highest ed level:N/A

Military service:N/A

Employed at time of current conviction:Yes

Paraphrased summary of comments made by prisoner and/or others:

Silvio says that his current conviction was the result of a domestic dispute in which his wife refused to testify against him, so the

police fabricated the gun to get him convicted anyway. In addition, the court refused to grant a continuance or allow Silvio to

retain another attorney so Silvio could have found a key witness. The weapon was not preserved for fingerprinting.

Quotes:

N/A

Prisoner believes he or she was wrongfully convicted:Yes

Reason(s) for wrongful conviction, if applicable:

Fabricated evidence

Perjury by police

Verification available/done on this story:

DA complaint

Minutes

Letters from appellate counsel

Court opinion (unpublished)

Transcripts

Appellate brief prepared by prisoner

Letter from prisoner

Response letter sent

Letter from prisoner

Response letter received

Signed media info. Sheet

People available to contact about story:

Attorney

Attorney

Attorney