BY AARON RUBY AND ALEJANDRA RINCÓN
HOUSTON-In a widely celebrated victory among immigrants, especially Mexicans, frame up victim Ricardo Aldape Guerra was released April 16 from Harris County jail here. He spent nearly 15 years in jail, 11 on death row.

Aldape Guerra's case became a symbol of both frame-ups at the hands of the police and of the harsh treatment meted out to Mexican immigrants. His release was greeted with celebrations both in Houston and Monterrey - his hometown. "He became a symbol of the injustices against the undocumented immigrant," said María Jimenez, local director of the American Friends Service Committee, who was active in his defense.

Live TV coverage of his homecoming and the crowd of a thousand that gathered in Monterrey to meet him was featured on both English and Spanish language television and the following day in the press. "From the beginning it was all a lie." Adalpe Guerra stated at a press conference following his release, "They robbed me of 15 years of my life."

Aldape Guerra had been charged and convicted of the July 13, 1982 shooting death of a Houston cop. Since his arrest he maintained that an acquaintance, Roberto Carrasco Flores, shot the cop after both of them were stopped for a traffic violation in southeast Houston. Aldape Guerra ran frightened from the scene and was later arrested. Carrasco Flores was killed later that day by Houston police, who found the gun that killed the officer under his body. The police alleged that it had been planted.

Aldape Guerra was presented, handcuffed, to young people rounded up by the police as witnesses, who were intimidated into identifying him as the gunman. Defense lawyers added that the prosecutors failed to disclose exculpatory evidence and used false evidence. After two of the witnesses retracted their statements identifying Aldape Guerra, they were further intimidated and threatened by the police.

Aldape Guerra's defense filed an appeal in 1982 eventually reaching the U.S. Supreme Court, which refused to consider it. In 1994 he was taken off death row and granted a review of his trial after overwhelming evidence was presented pointing to a police frame-up. Regular rallies were held by supporters outside the Huntsville prison and the Harris County jail.

On April 14, Judge Frank Maloney ruled that testimony from six prosecution witnesses had been coerced and intimidated by Houston police. Maloney had scheduled a new hearing for May 19. In light of the loss of the frame-up witnesses for the prosecution, District Attorney John Holmes decided not to retry Aldape Guerra. "It's really regrettable," he complained.

After being released from Harris County jail, Aldape Guerra was detained by the Immigration and Naturalization Service (INS) because of his "illegal status" in the United States At the INS detention center, Aldape Guerra was "offered" the option of voluntary departure or review of his immigration status by an INS official.

In response to broad support among Mexicans on both sides of the border, the Mexican government made an exceptional request for clemency. The review of his trial was attended by the Mexican counsel in Houston.

Mexican government officials had requested that Aldape Guerra be allowed to fly directly from Houston. That request was denied.

Aldape Guerra was driven handcuffed by immigration officials to the border between Brownsville, Texas, and Matamoros, Mexico. Hundreds turned out to cheer and applaud his arrival in Matamoros. He then took a flight to his hometown of Monterrey, accompanied by the Governor of the Mexican state of Nuevo León.  
 
 
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