Skip to content

Juan Otero

Released
Gender:Male
Race:Hispanic
Era:1970s
State:New York
Support
Puerto Rican Independence
Juan Otero

Biography

Juan Otero (Juan Otero Jr.) was a South Bronx Puerto Rican community activist and construction-trades anti-discrimination organizer — a family man, educational specialist, and young father with no prior police record — who led pickets against discriminatory hiring at New York building sites. On March 20, 1973 he was convicted after a jury trial in Bronx County, on consolidated indictments, of burglary in the second and third degrees, two counts of grand larceny in the third degree, and attempted grand larceny, and sentenced to concurrent indeterminate terms of up to five years. A defense campaign — the Committee to Defend Juan Otero and a Puerto Rican Socialist Party statement carried in Workers World — held that he had been framed on the burglary charges by "vengeful Bronx cops" and racist building-trades interests in retaliation for his organizing. On September 26, 1974 the Appellate Division unanimously reversed his conviction and ordered a new trial (People v. Otero, 45 A.D.2d 952, 359 N.Y.S.2d 318): his defense was alibi, the conviction rested entirely on identification testimony whose conflicting character "casts considerable doubt" on the charges, and the court found improper bolstering of that eyewitness identification. His exact arrest and release dates are not documented; he was imprisoned during 1973, with a possible maximum documented custody of March 20, 1973 – September 26, 1974 (about 555 days) if held continuously.

Case

Charges: Burglary in the second and third degrees, two counts of grand larceny in the third degree, and attempted grand larceny (consolidated indictments, jury trial, Bronx County) — which the "Free Juan Otero" campaign and a Puerto Rican Socialist Party statement called a frame-up by Bronx police and building-trades interests in retaliation.
Sentenced: Mar 20, 1973
Incarcerated: Mar 20, 1973
Sentence: Concurrent indeterminate terms of up to five years (up to 5 years on each burglary count, up to 4 years on each grand-larceny count; unconditional discharge on the attempt). Actual time served not documented — possible maximum custody March 20, 1973 – September 26, 1974 (~555 days). Verdict as recorded: Convicted March 20, 1973 (jury, Bronx County); conviction unanimously reversed and a new trial ordered September 26, 1974 — People v. Otero, 45 A.D.2d 952, 359 N.Y.S.2d 318 (identification testimony "casts considerable doubt"; improper bolstering of eyewitness ID).
Convicted: Yes