Man who spent 30 years in prison is found innocent

Humberto “Beto” Duran was found factually innocent of a 1993 East Los Angeles gang murder, for which he spent 30 years in prison, Los Angeles County District Attorney Nathan J. Hochman announced on Friday.

“The trauma that Mr. Duran suffered for three decades is unfathomable. We are deeply grateful to the Los Angeles County District Attorney’s Office, specifically Deputy District Attorney Bazan and District Attorney Hochman, and to the Court for seeing the truth, applying the correct legal standard, and ensuring that Mr. Duran is finally vindicated,” said Megan Baca, Director of California Innocence Advocates.

On Dec. 13, 1994, a jury convicted Duran of one count of first-degree murder and one count of attempted premeditated murder in the killing of Albert Gonzalez, who was shot to death in the driveway of his home on Dec. 18, 1993. On Jan. 31, 1995, the trial court sentenced Mr. Duran to prison for 25 years to life, plus a five-year firearm enhancement, consecutive to life, plus an additional five-year firearm enhancement.

At trial, Duran’s counsel failed to present alibi witnesses and failed to thoroughly investigate and present existing third-party culpability evidence. Duran was convicted based on the testimony of one eyewitness, who has since recanted her trial testimony.

On January 9, 2024, Duran filed a petition for a writ of habeas corpus.

“Justice takes many forms, and I often announce arrests, convictions, and sentences," District Attorney Hochman said. "However, today justice required the setting aside of a conviction and agreement to a motion for factual innocence. In such cases, my office works swiftly to bring these facts to light and to take the appropriate actions to achieve justice. I want to commend Deputy District Attorney Lara Bazan of the Habeas Corpus Litigation Team and our investigators for seeking the truth and diligently reinvestigating this case more than 30 years after the crime.”

The court found Duran met his legal burden to establish habeas relief on the ground of cumulative error, based on specific instances of ineffective assistance of trial counsel in combination with new evidence of Mr. Duran’s actual innocence, including the recantation by the sole witness and evidence that Mr. Duran was not a member or associate of the gang responsible for the murder. In August 2022, Mr. Duran was found suitable for parole, and on Jan. 11, 2023, he was released from custody. On Oct. 18, 2024, the Court granted habeas relief on these legal bases and vacated Mr. Duran’s conviction and sentence. On Oct. 22, 2024, the Court dismissed the case.

“I commend Mr. Duran for his courage and resilience and extend my full support as he moves forward. Mr. Duran’s counsel at California Innocence Advocates worked tirelessly to bring new evidence before the Court and achieve justice for their client, exemplifying the highest standards of the legal profession,” said District Attorney Hochman.