A man who spent 10 years in prison for robbery and burglary has been released after the Innocence Project Northwest persuaded King County prosecutors to re-examine the man’s conviction, which was based solely on eyewitness testimony.
The case of Brandon Olebar came to the attention of the Innocence Project Northwest (IPNW), based out of the clinical law program at the University of Washington Law School, in 2011. The project said two students “developed a body of evidence” that showed Olebar was not among the assailants who in February 2003 broke into the home of Olebar’s sister’s boyfriend, pistol-whipped and beat him unconscious and then stuffed him in a closet. The victim said as many as eight attackers beat him for more than 10 minutes, during which time he recognized Olebar’s sister as one of them. He told police the attackers had “feather” facial tattoos.
Two days after the beating, the victim identified Brandon Olebar from a photograph montage. Despite the fact that he does not have a facial tattoo and that he had an alibi, Olebar was charged with burglary and robbery, convicted by a King County jury solely on the basis of eyewitness testimony, and sentenced to 16 1/2 years in prison.
IPNW Director Jacqueline McMurtrie said two law students, Nikki Carsley and Kathleen Klineall, tracked down and interviewed three of the assailants, who signed sworn statements admitting their involvement and denying that Brandon Olebar was present. Working with IPN attorney Fernanda Torres, they presented the new evidence to Mark Larson, the chief criminal deputy prosecutor to King County Prosecutor Dan Satterberg.
McMurtrie said that, over the next several months, Torres and Larson reviewed the case in light of the new the evidence developed by IPNW and conducted independent interviews of new witnesses. Last Friday, Satterberg’s office moved to vacate the conviction and dismissed the charges, and Olebar, 30, was released into the arms of his wife, Mely, and Torres.More