Emedinews:Insights on Medicolegal issues: The Bird road rapes remain unsolved today

Medicolegal Update

(Dr Sudhir Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)

·         During 1977-79, a serial rapist kidnapped and sexually assaulted at least 25 women in the vicinity of Bird Road, outside Coral Gables, Florida. In 1979, police arrested 41 –year –old Luis Diaz, charging him with eight of those cases.

·         At the trial in 1980, the eight victims identified Diaz as their attacker, prompting jurors to convict him on four counts of attempted rape, five kidnapping charges, plus various firearms and robbery counts.

·         Diaz received 13 life terms + 55years; virtually ensuring that he would die in prison. Two of the victim witnesses recanted their identifications of Diaz in 2002, under questioning by private investigator Virginia and Florida authorities agreed to void the sentences in those two cases if Diaz would drop his remaining appeals. The bargain’s net result was one life prison term.

·         Despite the agreement, members of the CARDOZO INNOCENCE PROJECT obtained permission for DNA testing on semen recovered from one Bird Road victim – the only biological evidence presented against Diaz’s alleged victims at trail when he was suspected of attacking.

·         Testing of all three samples exonerated Diaz as a suspect, and he was suspected of attacking.

·         Testing of all three samples exonerated Diaz as a suspect, and he was released from prison on August 4, 2005, after serving 26 years for crimes he did not commit.

The Bird road rapes remain unsolved today