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Wrongful Conviction :
Dror Goldberg was accused of a horrible crime that he DID NOT commit. There is no doubt that he is innocent. He is imprisoned due
to the actions of a biased judge, and a judicial system that failed him. Preceding and during the trial, numerous injustices were
committed by the police, prosecution, and judge. These injustices were compounded by the media coverage that convicted Dror long
before the trial began.
Background Information On November 27, 1998:
A man walked into Wigs by Andre, in Houston, Texas, and fatally stabbed employee Manuela Silverio, then attacked shop owners
Roberta and Rolando Ingrando. On April 14, 2000, based only on imperfect eyewitness identifications, Dror Goldberg was convicted
of the murder of Manuela Silverio and is serving a sentence in a Texas prison. His case is currently being appealed.
1. Why do so many people insist that Dror Goldberg did not commit this crime?
- There is no physical evidence.
- Dror completely cooperated with police.
- Dror’s confirmed schedule and alibi absolutely prevent him from being able to commit this crime.
- All eyewitness identification was unreliable.
- Fallibility of license plate ID.
- Dror has a peaceful character.
2. How was this trial unfair?
- Dror’s Constitutional Rights violated.
- Exculpatory evidence was excluded.
- Hearsay and irrelevant evidence was introduced to inflame the jury.
- The judge demonstrated an overt bias against the defense.
3. A violation of Dror Goldberg’s constitutional rights
The Assistant District Attorney, in her closing arguments, violated Dror’s constitutional rights by highlighting the fact that
Dror did not take the stand during the trial. She implied that this was an indication of his guilt. This is a violation of Dror’s
constitutional right not to testify in his own trial under the United States Constitution and the Constitution of the State of
Texas.
4. Exclusion of exculpatory evidence (exculpatory: proving guiltless)
- Dror’s statements to the police: The judge allowed the prosecution to introduce into evidence a statement Dror made to
police. However, the Judge denied a defense motion to include the entirety of these statements based on her opinion that
these statements were hearsay, although the Supreme Court has ruled that a police report is an exception to hearsay.
5. Destroyed or lost evidence
- 911 recordings: The surviving victims and a witness from the parking lot testified to the existence of at least two
calls to 911, made both during and after the crime. These calls provided the initial descriptions of the assailant and may
have contained the voice of the assailant. The prosecution and defense requested copies of the tapes. The prosecution was
provided a portion of one tape. The defense was told that the second portion had been destroyed or taped over and that no
additional tapes existed.
6. Admission of irrelevant evidence and hearsay
- Letters: The judge admitted into evidence letters that Dror had written to a friend almost 5 years prior to the trial.
These letters were written when Dror was 15, and had absolutely no relevance to the case. They were written during a period
of intense terrorist attacks on Israel and described Dror’s desire to join his friend in the Israeli Army to defend against
those terrorists. As a former resident of Israel, and as a grandchild of Holocaust survivors who currently reside in Israel,
Dror was upset by the unrest in the country and was committed to the safety of the country and its people. Again, the
prosecution, with the help of the judge, purposefully excluded the context of the letters and used them to bias the jury.
The letters had no direct relevance to the case and should not have been admitted.
- A high school notebook: The Judge admitted testimony from a high school security guard regarding a school notebook of
Dror’s, which was used over 5 years prior to the trial and no longer exists. The school officer had written a report about
catching Dror off campus one day. Although she wrote nothing about a notebook in her report, she claimed to remember a long
passage, word for word. She offered to testify and recite this passage only after she knew the notebook no longer existed.
Therefore, her recitation could not be supported by the notebook documentation itself. The testimony was hearsay.
- Travel: In the months following the crime, Dror went on two trips abroad. The prosecution made several inflammatory
references that characterized these travels as attempts to flee prosecution. Dror accompanied his grandparents back home to
Israel in December 1998. This trip was made only after Dror’s father confirmed with the police that there was not a warrant
out for Dror’s arrest and that no charges were pending. Dror returned to Houston in January 1999, and then left for a second
trip to backpack through Thailand. This is a very common excursion for Israeli youths; most Israelis of Dror’s age travel to
the Far East, particularly
Thailand, after completion of the army. Before leaving for this trip, Dror’s father again checked with the police. Additionally,
Dror’s attorney spoke with Assistant District Attorney Chuck Rosenthal to confirm that there was no warrant and that Dror was not
being sought. Before Dror ever left the country, the police and Assistant District Attorney Chuck Rosenthal indicated that he was
free to leave. While Dror was in Thailand, a grand jury indicted him. Upon this indictment, Dror’s father ran several ads in an
international paper to contact Dror and to alert him of the indictment. Dror’s father then sent Dror a plane ticket to go from
Thailand to Mexico City, via Germany. Dror’s father would then meet him in Mexico City and fly into Houston with Dror (so that
Dror would not have to face the media alone). However, Dror was arrested at passport control in Germany. He was held there until
he was extradited to the United States. Assistant District Attorney Chuck Rosenthal had been informed that Dror was on his way
home to clear his name. There is speculation that the District Attorney’s office arranged for Dror’s arrest in Germany to prevent
him from doing so. Dror voluntarily returned to the United States.
7. The Judge demonstrated a strong bias against the defense
- Many people not affiliated with Dror (lawyers, law students), attended the trial to witness two well-known attorneys at work. They
observed the Judge communicating her biased attitude with her body language and facial expressions. They noted the Judge’s
disrespectful dismissal of many defense objections. Some interpreted her inconsistent rulings on hearsay as both an ignorance of
the law and a favoring the prosecution. The judge seemed to help the prosecution in many ways, including one incident of prompting
the prosecutor to object. The Judge in this case (as are most of the judges in Harris County Felony Court) was also a former
prosecutor for the Office of the District Attorney of Harris County.
8. No physical evidence
- Police found no blood, not even a microscopic trace, on Dror, on
Dror’s clothes, in his house, in his father’s house, in Dror’s car or
in his stepmother’s car. The assailant stabbed three people. He
stabbed a man twice and wrestled with him. When the assailant stabbed
one woman, he ruptured her subclavian artery, an act which releases
a strong spray of blood (the equivalent of water releasing from a ruptured
hose under pressure). The assailant held the other woman in a bear hug,
with his cheek next to hers, while stabbing her 14 times. The person
who did this would undoubtedly have gotten blood on himself and his
clothes.
- Police found no presence of Dror in the wig shop. There was
no blood, no fingerprints, no palm prints, no footprints, no hair or
any DNA evidence of Dror: There were unidentified bloody footprints
in the wig shop that did not match Dror’s. (The police did not even
investigate the origins of these unidentified prints). Furthermore,
only six samples of blood were taken from a very bloody scene; additional
samples may have included blood of the assailant.There were several
palm and fingerprints that were found at the scene but were unidentified
by HPD and may have belonged to the true assailant.
- Fibers belonged to Dror’s stepmother and grandmother: Seven
fibers were found in Dror’s stepmother’s car and were NOT found to match
fibers from the Wigs By Andre shop. According to experts brought by
both the prosecution and the defense, the fibers resemble fibers from
wigs in the wig shop; however, they are also inconsistent with fibers
in the wig shop in several ways. The police only conducted one of about
four possible tests on the fibers to determine their exact identity.
The infrared test, (the only test they did perform), reveals inconsistencies
between the fibers from the car and those from the wig shop. The fibers
found in the car all had hairspray on them BUT none of the fibers and
their represented wigs from the shop had hairspray on them. All of the
fibers collected at the wig store were found to have been smeared in
blood and dirt. Both Dror’s stepmother and grandmother wear hairpieces
and wigs. Both women had also recently driven or ridden in the car.
Therefore, the fibers found in the car came from the hairpiece and wig
of the women who drove and rode in the car (Dror’s stepmother and grandmother).
9. Dror completely cooperated with police
- Dror first met with police hours after the crime had taken place, when he returned to his father’s house after playing football.
Dror could have unobtrusively driven away from the police who he saw surrounding the house, but chose to park and approach the officers.
He answered all their questions, immediately consented to a search of his car, his stepmother’s car, his father’s house, and his own
apartment. Dror accompanied the police downtown where he gave two more statements, gave fingerprints, had his picture taken, and
participated in a video line-up with five men from the jail. Dror gave the police names and numbers of people who confirmed his
whereabouts for the day. They even received a statement from Dror’s father’s housekeeper that she was certain Dror had been in the
house with her at the time of the murder. All of the police who testified at the trail confirmed that Dror was consistently cooperative.
- Dror’s confirmed schedule on the day of the murder absolutely prevents him from being able to commit this crime:
The prosecution argued that, within approximately 30 minutes, Dror murdered a woman, stabbed two others, ran to a car, sped to his
stepmother’s house, discarded a murder weapon and his clothes (in a place that no one has found), cleaned her car erasing all traces
of blood (while not alerting the housekeeper inside the house), retrieved his own car, stopped at a gas station to make a phone call,
drove to his apartment, changed clothes, and met his friends for football -- and all without raising any suspicion.
10. All eyewitness identification was unreliable
- The two survivors and the man in the parking lot gave varying descriptions of
the assailant. There was inconsistency in the testimony regarding the assailant wearing a hat and what kind of hat he wore. They testified
to the color of his hair, but how could they identify his hair color if he did in fact wear a hat? Moreover, there was also confusion over
whether or not the assailant wore a stocking over his face.
- Only one witness testified she was 100% certain she could identify Dror AND she admitted her certainty only developed after
seeing Dror on television, in the newspaper, and in the courtroom dressed in a prison jumpsuit. This woman had originally testified to
the police that the assailant wore a stocking over his face.
- A second witness, the man from the parking lot, had previously seen Dror on numerous occasions. The second witness works in
the same hospital with Dror’s father and eats in the same small lunchroom where Dror and his father frequently eat. This witness was not
able to be 100% certain of the identity of the assailant.
- The witnesses were shown a photo spread of six photos that included Dror. At later dates they were shown a video line-up with
six other men. Dror was the only man from the photo spread who was also featured in the video line up. The other men in the line-up did
not match the description of the assailant, nor were they similar in appearance to Dror. The assailant was described as a young white man,
around age 20, six feet tall, clean-shaven, with light colored hair. Dror was the only man in the line up who was young, white, six feet
tall, clean-shaven with blond hair. In contrast, of the other men in the line-up, most looked significantly older, some had very dark hair,
some had receding hairlines, some had facial hair, and they noticeably varied in height.
- The police excluded from their report the testimony of an eyewitness who identified someone other than Dror as the assailant
and the testimony of another eyewitness who did not identify anyone at all.
11. Uncertainty about the conclusive nature of the license plate number
A witness from the parking lot testified that he followed
the assailant and saw him enter and speed away in a dark sports utility vehicle. He wrote down a license plate number, which he saw briefly
on the vehicle, and that number matched that of Dror’s stepmother’s Lincoln Navigator. There are 18 Lincoln Navigators, which were sold
from the same dealership in Houston, TX at roughly the same time. Those Navigators have sequential license plate numbers because the plates
were all ordered by the dealership at the same time. (EXAMPLE—ABC 123, ABC 124, ABC 125) The policewoman at the scene initially entered a
different license plate number into her computer. Additionally, she wrote an incomplete license plate number in her report. She testified
repeatedly to this incomplete number and only realized her mistake when Dror’s lawyer pointed it out to her. The police made repeated
mistakes with the number, but never considered the possibility that the only witness had made a mistake. Furthermore, the police did not
investigate the possibility that any of the other Lincoln Navigators had been involved.
It is important to note that the police, as they testified, did not consider or pursue any other possibilities beyond blaming Dror.
12. Dror’s character
Dror’s only record had to do with being caught off campus when he was in high school. The prosecution searched desperately to find
any past or present evidence of violent tendencies in Dror, and found nothing. In contrast, the numerous friends and family of Dror --
the people who packed the courtroom every day of the trial -- testified to Dror being friendly, caring, non-aggressive (even in football),
and a proud older brother who is exceptionally close with both his younger brothers. Overwhelming evidence also characterizes Dror as
an extremely affectionate person with many long lasting friendships and a strong connection to his family.
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