Prosecutors granted more time to decide on Rafael Madrigal retrial

LOS ANGELES -- Rafael Madrigal will have to wait at least three more months before learning whether prosecutors intend to retry him in his overturned attempted murder case.

Madrigal, of Ontario, appeared in a downtown Los Angeles courtroom this morning for a pre-trial hearing -- it was his first appearance in Los Angeles County Superior Court since a July appellate ruling overturning his conviction for a 2000 gang shooting in East Los Angeles.

The Los Angeles County District Attorney's Office was expected to announce its decision to either retry Madrigal or dismiss his case, but a prosecutor instead asked for more time to review evidence.

Madrigal waived his right to a speedy trial to accommodate the prosecutor's request, and another pre-trial hearing was scheduled for April 30.

"By then (the prosecutor) should be able to make a decision on whether to retry it or just let it go," said Madrigal, 34.

Deputy District Attorney Victor Avila said today that a jury trial is tentatively scheduled for July 7 in Madrigal's case.

"At this time we are continuing to evaluate the case and determining how we will proceed," Avila said.

In overturning Madrigal's conviction, U.S. Magistrate Judge Marc L. Goldman said multiple witnesses told police that Madrigal was working in a Rancho Cucamonga factory at the time of the July 2000 shooting for which he was later convicted.

The judge was very critical Madrigal's defense attorney, Andrew M. Stein, citing Stein's failure to prove Madrigal's alibi, and his failure to introduce other evidence during Madrigal's trial that pointed to his innocence.

"There is compelling evidence in this case that (Madrigal) is actually innocent of the crime for which he was convicted," Goldman wrote when he granted Madrigal's bail motion in October.

After nearly a decade in custody, Madrigal was freed on $110,000 bail following the judge's ruling and reunited with his wife and three children.

Madrigal said he "was hopeful" that his case would be resolved this morning, but said he wasn't upset by the delay.

"Because I know in the long run it's going to happen," he said. "I'm still real confident about that."

After Madrigal was released from prison, he and his family were forced to leave their home because they failed to keep up with mortgage payments, and the property deed transferred to another owner.

Madrigal said he's landed a job loading and unloading freight trucks in Riverside County, and his family is now close to financial stability.

He said he's still considering filing a lawsuit over his apparent wrongful conviction, but he's waiting for his criminal case to be resolved before proceeding.

"I think it's a possibility," Madrigal said.