Unraveling the mystery of how Elmo's DNA appeared on the evidence requires examining the individuals who actually committed the crimes and the physical links binding them to the scene. These are not random, isolated events; they are connected by irrefutable physical proof.
The Physical Connection Between the Attacks
Consider the timeline: Victim N.W. was assaulted in New Jersey by two assailants who stole her phone. Months later, the SIM card from that stolen phone surfaced at a separate crime scene in New York—the H.T. case.
At the H.T. scene, the attacker—identified by witnesses as a 6-ft white male with blue eyes—left a cell phone behind. Inside that phone was N.W.'s stolen SIM card.
Crucially, the DNA recovered from that cell phone matched the stocking found at the New Jersey crime scene. This creates an unbreakable scientific "bridge" proving the same perpetrators were involved in both scenes.
The Physical Mismatch
The victim in the New York (H.T.) case was unequivocal about her attacker's appearance. She described him as a 6-foot-tall white male with blue eyes and positively identified a man named Dean Crawford.
In stark contrast, Elmo Rivadeneira is a 5'7" Hispanic man with brown eyes.
Link to NYPD Report
Suspect Description: 6-ft White Male
Link to Photo of Elmo
5'7" Hispanic Male (Not a Match)
The State was fully aware that Elmo did not fit the description. Yet, they leveraged a cell phone Elmo previously owned to connect him to the crime scene regardless. It is worth noting that the New Jersey victim (N.W.) also recalled her attacker having blue eyes.
The Deception in the Grand Jury
To transform a harmless cell phone match into evidence of a violent crime, the prosecution falsely informed the Grand Jury that blood had been discovered on the phone.
Link to Grand Jury Transcript
Misleading "Blood" Claim
However, their own laboratory analysis contradicted this, confirming the substance was merely epithelial "skin cells," a finding consistent with normal, innocent handling of the device.
Link to Lab Report
Proof: Only Skin Cells Found
The Real Culprits
The victim (N.W.) provided an independent identification of Dean Crawford as one of her attackers.
Link to NYPD Identification
Victim Identifies Dean Crawford
Additionally, she identified Alex Cancinos as the man who drove the abduction vehicle and participated in the attack. Significantly, when the FBI presented N.W. with a photograph of Elmo Rivadeneira, she did not identify him.
Link to FBI/Police Reports
Victim Identifies Cancinos, Not Elmo
The Physical Connection: The Workplace
Elmo Rivadeneira operated a mechanic's garage in Kearny, New Jersey. Working alongside him was Alex Cancinos—the very same man identified as the accomplice of Dean Crawford (the man who left Elmo's disconnected cell phone at the crime scene).
The Critical Link
Because Cancinos was Elmo's coworker, he had unrestricted daily access to Elmo’s vehicles and personal belongings. This is the critical physical link the jury was never shown.
In a shocking exchange, the State permitted Cancinos to testify against Elmo regarding a mysterious "letter" he claimed to have burned—destroying the only evidence of his claim. By providing this testimony, Cancinos secured the dismissal of his own first-degree kidnapping and rape charges. He traded Elmo’s life for his own freedom.
Link to Testimony
Cancinos Secures Dismissal of Charges
The Legal Violation
The Federal District Court now holds the power to correct this injustice. Under Brady v. Maryland, the government has an absolute constitutional duty to disclose evidence favorable to the defendant. Concealing a DNA report that identifies a different man is the ultimate violation of due process.
Brady v. Maryland
The Constitutional Duty to Disclose
Kyles v. Whitley
Hidden Evidence Undermines Convictions
Furthermore, Kyles v. Whitley establishes that the State cannot suppress police reports that point to alternative culprits or provide a pathway for innocent transfer. When such evidence is hidden, the conviction is a fraud.