Wrongfully convicted Massachusetts man gets $13M settlement

2023-05-05 20:40:03 Written by Alex

A Massachusetts man who spent 32 years in prison after he was wrongfully convicted of setting a fire that killed eight people will receive $13 million from the city where he was arrested.

Victor Rosario, 65, said Wednesday he has forgiven those who put him behind bars.

During a press conference held the day after the Lowell City Council's decision to settle a $13 million civil rights lawsuit he filed against the city, he stated that in order for him to make progress, he needs to understand how to forgive.

In relation to the 1982 fire incident that occurred in Lowell, Massachusetts, Rosario was found guilty of arson and multiple counts of murder at the age of 24. The fire claimed the lives of three adults and five children. Despite Rosario's attempts to aid the victims in escaping the flames, he was implicated as a suspect by investigators. According to Rosario's legal counsel, attorney Mark Loevy-Reyes, evidence was manipulated and concealed to falsely suggest that the fire was intentional.

“They brought Victor Rosario for questioning; They coerced a confession after keeping him up all night,” Loevy-Reyes said. “Victor was traumatized because he had tried to save children from the burning fire. He heard their screams.”

According to attorney Mark Loevy-Reyes, Rosario was informed that he could leave if he signed a document. However, the document was presented in English, a language that Rosario did not comprehend as his primary language is Spanish. Despite this, he signed the document, which ultimately led to him receiving a life sentence.

Having been unjustly incarcerated, Rosario was not present for the significant milestones in his four children's lives. However, the most devastating aspect of his wrongful imprisonment, as per Rosario himself, was his inability to be there for his mother during her passing in 2007.

“Thirty-five years, more than half of my life, I spent behind the wall of a Massachusetts state prison,” Rosario read from a written statement at the news conference outside Boston’s federal courthouse. “Today this chapter is ended and a new chapter begins. Nothing can ever compensate me for those years taken from me.”

With the aid of the New England Innocence Project and the Committee for Public Counsel Services, Rosario's legal representatives were successful in convincing a judge to nullify his convictions in 2014, which led to his release on bail for a new trial. In 2017, the state's supreme court upheld the decision, prompting Middlesex County prosecutors to announce that they would not seek a retrial, citing the prolonged duration that had passed.

In 2019, Rosario filed a federal lawsuit against the city of Lowell, as well as approximately twelve police officers and firefighters who were implicated in the investigation, on the grounds of constitutional violations. The settlement agreement was announced a mere few weeks before the commencement of the trial.

Rosario's lawsuit claimed that investigators resorted to various unethical methods such as deceit, intimidation, abuse, and sleep deprivation to force him to sign a confession, taking advantage of his apparent mental health deterioration. The lawsuit further stated that there was a sense of urgency to resolve the high-profile tragedy quickly, thereby prompting the use of such improper tactics.

During the trial, prosecutors alleged that Rosario and two brothers (now deceased) had initiated the fire by hurling Molotov cocktails at the building. While the brothers were never brought to trial due to Rosario's refusal to testify against them, he was subsequently charged and convicted.

Rosario's attorney, Locke Bowman, acknowledged the Lowell City Council for its decision to settle the case.

”$13 million does not begin to compensate Victor for all that he has lost but it reflects the acknowledgment of the city of Lowell that what happened wasn’t right,” he said.

The settlement agreement encompasses all the police officers and firefighters who were named individually in the lawsuit.

Attempts to obtain a statement from the Lowell mayor's office, the city manager's office, and the city's legal department regarding the settlement were unsuccessful.

Following his release from prison, Rosario has devoted his time to assisting inmates who are still incarcerated and has even participated in marathon events.

“I ask the criminal justice system, the universities preparing lawyers, prosecutors, and investigators, to do their very best to not let what happened to me be the future of one more wrongfully convicted individual,” he said in his statement.