A Los Angeles judge exonerated Luis Vargas who spent 16 years in prison for sexual assault and other charges, after new DNA evidence cleared him of the crimes and linked them to the notorious “Teardrop Rapist.”
Vargas, 46, weeped as his conviction was overturned. The court ordered the immediate release of Vargas, who will be transferred to federal custody while authorities investigate his immigration status.
“I’m happy but I’m sad that I can’t take him home. I believed my father is innocent since the day he told me he was innocent,” his daughter, Crystal Vargas, said outside court. She was 10 when her father was convicted in 1999 and sentenced to 55 years to life in prison.
The so-called “tear-drop rapist” is suspected of over 30 assaults since 1996. The conviction was overturned when DNA evidence taken from the shorts and underwear of one of three victims in the string of attacks, which was found to exclude Vargas as the perpetrator.
Luis Varga pictured with his children graduating from a community college course he completed in prison.
“Bad eyewitness identifications are one of the leading causes of wrongful convictions,” Justin Brooks, director of the California Innocence Project, said in a statement. “It’s time for him to get back to his family and his life. Hopefully, this new evidence will help police catch the true perpetrator.”
The “tear-drop rapist” earned his name because of a tear-drop tattoo under his eye. Vargas who lived in the area of the attacks, was wrongfully identified by witnesses because of a similar tattoo.
