What Cleared Giovanni Ramirez in the Brian Stow Case

2011 July 22
by Alex Coolman

With new arrests in the Brian Stow beating case, the media is taking a look at what appears to have helped exculpate Giovanni Ramirez, who was initially picked as a suspect.  Ramirez had tattoos that were similar to those reported by eyewitnesses, but good investigation helped paint a fuller picture suggesting that he could not have been the assailant.  SFGate reports:

Ramirez’s lawyers . . .  insisted their client was innocent. They said they found surveillance video at a Denny’s restaurant showing he had hair the day witnesses described seeing two men with shaved heads beating Stow. Ramirez submitted to two lie detector tests, provided nearly a dozen alibis and cellphone records to show where he was when he made calls around the time of the attack.

The Denny’s video, in particular, is an interesting point to consider in sussing out habeas investigation angles.  Sometimes a helpful video is not the one at the crime scene but one in a location supporting an alibi.  For post-conviction attorneys, exploring this possibility sometimes involves asking awkward questions (“Okay, so if you weren’t actually committing this crime, exactly where were you?”), but those questions have to be asked where actual innocence is at stake.

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