by TChris

Anatomy of a wrongful conviction: Parents accuse a synagogue employee of sexually molesting their child. The defense fails to conduct an adequate investigation or to call some of the witnesses needed to cast doubt on the accusation. Although the child can barely understand the questions asked at trial, has told incoherent and contradictory versions of her story (including claims that the accused also sexually assaulted her parents), and fails in her testimony to identify the man who supposedly assaulted her, the prosecution calls "experts with impeccable credentials" in the sexual abuse of children to buttress the child's accusation. The judge adds to the risk of a wrongful conviction by making remarks that bolster the child's credibility.

Alfredo Vargas was convicted of molesting a 4-year-old girl while they attended religious services at Congregation Adat Yisrael, where Vargas worked as caretaker. The jury never heard that there was almost no location in the synagogue where a sexual assault could occur without being witnessed. Nor did the jury hear that the girl's family has repeatedly accused others of sexual abuse. Their motivation for the false claims?

The family that accused Mr. Vargas has sued the rabbi, his wife and the congregation, and a court has ordered that $2 million in the defendants' real estate assets be attached, so they cannot be sold.

The judge's improper comments caused an appellate court to give Vargas a new trial, but even if he prevails, his troubles won't end. Vargas overstayed his visa and will likely face deportation to Nicaragua.