Free Jose Diaz: Grant Clemency to Innocent Man Incarcerated for 34 Years

The Issue

Jose Diaz is an innocent man who has spent 34 years in prison, more than half of his life, for crimes he did not commit. His beloved community knows him as "Carlitos." Carlitos is currently serving a 37-and-a-half years to life sentence at Wallkill Correctional Facility for murder, robbery, and assault. Carlitos unwaveringly maintains his innocence to this day. For more than three decades, his family has also tirelessly fought for his freedom.

We ask Gov. Hochul to use her constitutional authority to grant Carlitos clemency so he can come back home soon to where he belongs.  

Carlitos migrated to the United States from Puerto Rico seeking the “American Dream.” Instead, he saw his freedom and dreams taken away as he was arrested just two years after his arrival in New York. He could not understand the circumstances, let alone advocate for himself because he didn’t speak English. Believing in the justice system to prove his innocence, Carlitos went to trial. His trial had multiple issues that ultimately led to his wrongful conviction and limited his possibilities for appeal. Nevertheless, he has pursued every avenue to assert his innocence but has unfortunately been unsuccessful. Now, he is seeking clemency as one of his last available options to return home to his loved ones. Carlitos has devoted his time in prison to his family, helping others, and his personal growth. 

A few of the reasons for granting Carlitos clemency:  

  • A Flawed Trial with Improper Identification Procedures Led to Conviction: The shooter’s description provided to the police never matched Carlitos’ description. Yet, Carlitos was arrested the following morning and subjected to line-ups. He was not identified as the shooter and let go. Later, he was re-arrested and brought back to the precinct. Two police officers testified that they accidentally brought Carlitos into the hallway, where a witness saw him handcuffed and suddenly identified him as the shooter. No weapon was ever recovered or found on Carlitos. At trial, highly suggestive identification procedures, clearly manufactured witnesses, and defective legal representation led to Carlitos’ conviction, and consequently a harsh sentence.
  • Carlitos' Service to Others and Personal Growth: Despite 34 Years of Injustice, Carlitos has maintained a positive attitude and has availed himself of countless opportunities for his personal growth. He has completed all voluntary programs, obtained his GED despite language barriers, and has maintained an exceptional disciplinary record. Most importantly, Carlitos has mentored numerous incarcerated people helping them cope with a myriad of personal issues, including substance use, humbly sharing his wisdom about responsibility, respect, mindfulness, and fatherhood while incarcerated – opportunities he has created for himself.  
  • Strong Support for Clemency: The overwhelming support from family, friends, correctional officers, and the broader community demonstrates Carlitos' place is with his family and community. The numerous letters of support describe the ways in which Carlitos has touched people's lives - many of whom now live productive lives on the outside and eagerly await his release to support him re-integrating into society. He cares for everyone without hoping for anything in return.  
  • Continued Imprisonment Serves the Community No Value: 34 Years of Injustice and continued separation from his family will bring no value to the community. The robust support and relationships maintained over decades combined with Carlitos’ positive conviction of life speak to his integrity, humility, compassion, respect, and kindness. Carlitos is a family and community-oriented man with a wealth of skills, talents, and wisdom only beneficial to society. He hopes to continue higher education, open his business, and mentor younger people as well as show up for his son, wife, and elderly mother.  

It’s time to bring justice for Carlitos, so he can reunite with his family and community, where he belongs. Help us bring Carlitos home. Please sign and share this petition to urge Gov. Hochul to grant Carlitos clemency. Thank you for fighting along Carlitos' side for his freedom. 

With deep gratitude! 

***Disclaimer: any donations will be made to change.org, not to Carlitos.****

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The Issue

Jose Diaz is an innocent man who has spent 34 years in prison, more than half of his life, for crimes he did not commit. His beloved community knows him as "Carlitos." Carlitos is currently serving a 37-and-a-half years to life sentence at Wallkill Correctional Facility for murder, robbery, and assault. Carlitos unwaveringly maintains his innocence to this day. For more than three decades, his family has also tirelessly fought for his freedom.

We ask Gov. Hochul to use her constitutional authority to grant Carlitos clemency so he can come back home soon to where he belongs.  

Carlitos migrated to the United States from Puerto Rico seeking the “American Dream.” Instead, he saw his freedom and dreams taken away as he was arrested just two years after his arrival in New York. He could not understand the circumstances, let alone advocate for himself because he didn’t speak English. Believing in the justice system to prove his innocence, Carlitos went to trial. His trial had multiple issues that ultimately led to his wrongful conviction and limited his possibilities for appeal. Nevertheless, he has pursued every avenue to assert his innocence but has unfortunately been unsuccessful. Now, he is seeking clemency as one of his last available options to return home to his loved ones. Carlitos has devoted his time in prison to his family, helping others, and his personal growth. 

A few of the reasons for granting Carlitos clemency:  

  • A Flawed Trial with Improper Identification Procedures Led to Conviction: The shooter’s description provided to the police never matched Carlitos’ description. Yet, Carlitos was arrested the following morning and subjected to line-ups. He was not identified as the shooter and let go. Later, he was re-arrested and brought back to the precinct. Two police officers testified that they accidentally brought Carlitos into the hallway, where a witness saw him handcuffed and suddenly identified him as the shooter. No weapon was ever recovered or found on Carlitos. At trial, highly suggestive identification procedures, clearly manufactured witnesses, and defective legal representation led to Carlitos’ conviction, and consequently a harsh sentence.
  • Carlitos' Service to Others and Personal Growth: Despite 34 Years of Injustice, Carlitos has maintained a positive attitude and has availed himself of countless opportunities for his personal growth. He has completed all voluntary programs, obtained his GED despite language barriers, and has maintained an exceptional disciplinary record. Most importantly, Carlitos has mentored numerous incarcerated people helping them cope with a myriad of personal issues, including substance use, humbly sharing his wisdom about responsibility, respect, mindfulness, and fatherhood while incarcerated – opportunities he has created for himself.  
  • Strong Support for Clemency: The overwhelming support from family, friends, correctional officers, and the broader community demonstrates Carlitos' place is with his family and community. The numerous letters of support describe the ways in which Carlitos has touched people's lives - many of whom now live productive lives on the outside and eagerly await his release to support him re-integrating into society. He cares for everyone without hoping for anything in return.  
  • Continued Imprisonment Serves the Community No Value: 34 Years of Injustice and continued separation from his family will bring no value to the community. The robust support and relationships maintained over decades combined with Carlitos’ positive conviction of life speak to his integrity, humility, compassion, respect, and kindness. Carlitos is a family and community-oriented man with a wealth of skills, talents, and wisdom only beneficial to society. He hopes to continue higher education, open his business, and mentor younger people as well as show up for his son, wife, and elderly mother.  

It’s time to bring justice for Carlitos, so he can reunite with his family and community, where he belongs. Help us bring Carlitos home. Please sign and share this petition to urge Gov. Hochul to grant Carlitos clemency. Thank you for fighting along Carlitos' side for his freedom. 

With deep gratitude! 

***Disclaimer: any donations will be made to change.org, not to Carlitos.****

The Decision Makers

Kathy Hochul
New York Governor

Supporter Voices

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