Help us put an end to David’s wrongful conviction

Wrongfully Convicted David Ayala

My name is David Ayala. I was arrested in October 1981 for a fatal shooting at Piotrowski Park on August 16th, 1981. Two innocent citizens, who were not part of any gang, were killed and a former gang member, who was the apparent target of the shooting, was shot but was the sole survivor of the shooting.

The incident sparked a great public outcry by the residents in the predominately Mexican-American community, who were tired of the senseless gang violence. Public demonstrations demanding the arrest of those responsible for the murders put tremendous pressure on the police as well as the politicians running in the Chicago Mayoral election that year.

Boys of 15, 16, and 17 were detained without the due process of having their parents present and/or legal representation to protect their lawful civil rights. It was through this wide and general sweep and unlawful abusive interrogations, coercion and torture of the Latino youth of that area that ultimately led to the apprehension and arrest of 17-year-old Wally "Gator" Cruz, who without the benefit of his parents or a lawyer to safeguard his rights, confessed to a fabricated story of events that implicated me and my cousin James Soto, as well as Ruben Palomo as the perpetrators of this crime. "Gator" immediately secured a Witness Agreement deal with the Chicago State's Attorney for himself. And despite clear evidence of our innocence, including sworn affidavits from those implicated as "involved" attesting to this -- some made by the actual intended targets of this shooting as individuals formerly members of a gang -- and the fact that I was not at the scene nor did I know anything about the shooting until I saw it on the TV news later that night, a jury found me and James Soto guilty of the charges based solely on the false testimony of Wally "Gator" Cruz. James Soto and I were sentenced to natural life sentences with no possibility of parole ever. Ruben Palomo had a separate trial and was found both innocent and guilty of these charges and has long since been released.

A lack of knowledge on my part of the intricate legal process needed to appeal this wrongful conviction, coupled with the lack of financial resources and no support system, led to years passing without any legal action taken or presented to the courts, thereby leading to over 4 decades of wrongful imprisonment for both myself and James Soto. This was the situation when I met (and later married) my wife in April 2008. Gayle has been the sole driving force and has made it her life's work to undertake the arduous process of overturning this injustice and gaining my rightful freedom. At great personal and financial sacrifice, she has, in the last 10 years of our marriage, hired attorneys (through ongoing payment agreements), along with a private investigator who secured sworn affidavits from crucial witnesses who were never previously interviewed or called to testify by my former trial attorney in 1982. Gayle has exhausted her life savings on legal and investigative fees for this case. And while there is clear evidence of my innocence, that alone is not enough to achieve one's freedom in a judicial system with vast resources to oppress those without means.

Innocent citizens are wrongfully convicted through false testimony, false confessions, misidentifications by eye witnesses, illegal acts perpetrated by corrupt police officers and prosecutors and a lack of a citizen's proper legal representation. This occurs on a regular basis throughout the country but disproportionately so in Chicago. Professional, experienced legal representation is essential to appeal this case, the cost of which was beyond our means.

- CURRENT NEEDS -

To all who have contributed to my legal fund, I want to announce that through your generous donations, we have reached our goal in paying the balance owed on my attorney's fee. I humbly thank you for your generosity and concern. Words cannot fully express my gratitude and appreciation for your support. As my case proceeds through the arduous judicial system, I am facing difficult legal battles with the extensive power of the government and its vast resources with its prosecutors and their state funds. My freedom, at long last, can only be achieved by having a defense team that is fully equipped to meet the challenges that the State presents.

As with any legal entanglement, a defendant will often incur unexpected financial expenditures beyond the attorney's fee, e.g., Subpoenas for witnesses, hiring of case-related experts, investigative fees and the hiring of videographers for the possible video testimony from some who may no longer live in Chicago. In the event that these extraneous expenses need to be paid immediately so that the case can move forward and not be stalled for a lack of funds, my goal now is to raise a contingency fund in order to ensure there will be no delays.

I sincerely appreciate your time and continued support in my struggle to gain my freedom.

Sincerely,

David Ayala

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