originally by: Yahoo! News UK
published: 15 May 2012

He was the spitting image of the killer, had the same first name and was near the scene of the crime at the fateful hour.

Carlos DeLuna paid the ultimate price and was executed in place of someone else in Texas in 1989, a report out Tuesday found. Even “all the relatives of both Carloses mistook them,” and DeLuna was sentenced to death and executed based only on eyewitness accounts despite a range of signs he was not a guilty man, said law professor James Liebman.

Liebman and five of his students at Columbia School of Law spent almost five years poring over details of a case that he says is “emblematic” of legal system failure.

DeLuna, 27, was put to death after “a very incomplete investigation. No question that the investigation is a failure,” Liebman said.

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