Alibi Saved Arrestee From Possible ‘3 Strikes’ Conviction : Law enforcement: Operation Roundup indictments being reviewed after dismissal of case against man who was in prison when supposedly videotaped selling drugs.

A man arrested in last month’s Operation Roundup who had charges against him dropped last week could have faced a “three strikes” conviction and a possible life sentence if prosecutors hadn’t confirmed his iron-clad alibi, court records show.

Gustavo Arroyo Martinez, 26, of Santa Ana had been convicted on felony drug charges four times since 1992, before he was indicted on charges of selling drugs to an undercover informant on April 15 as part of Operation Roundup, a well publicized, five-month attempt to crack down on gangs and drug dealing, court records show.

The Orange County district attorney’s office dismissed that charge Friday when prosecutors learned that Martinez was actually in state prison the day a man identified as him was videotaped selling drugs to undercover agents, marking the latest in a series of misidentifications that have spurred a systematic review of all Operation Roundup indictments.

Orange County Public Defender Ronald Y. Butler said mistaken identity in Martinez’s case could have been grave if he hadn’t provided such a foolproof alibi. Three strikes defendants face 25 years to life in prison, the same sentence facing first-degree murderers.

“If he was innocent of that particular crime and he was sentenced to 25 years to life, it would have been a real miscarriage of justice,” Butler said. “I mean, you can imagine if his alibi were family or friends, instead of being incarcerated, it’s likely the D.A. would not have dismissed. That was a real edgy one.”

Another Operation Roundup suspect, Luis F. Lopez, 20, of Santa Ana, was released from custody last week after a preliminary investigation determined that he was in a Texas jail when an informant told police he was selling drugs on a Santa Ana street.

Supervising Deputy Dist. Atty. Mel Jensen said he is awaiting further documentation before deciding whether to drop charges against Lopez.

On Friday, Jensen revealed that prosecutors had dropped charges against Martinez, 26, and said they were also investigating whether yet another man, Jose A. Aguilar, 24, of Santa Ana, might have been wrongly charged during Operation Roundup.

Court records show that an informant testified that Aguilar sold him drugs on one occasion during the sting operation. Yet, Aguilar was indicted on two drug sale charges, according to court records, a discrepancy that Jensen said his office is reviewing. Aguilar was in custody more than two weeks before he was released on his own recognizance.

Aguilar’s sister-in-law, Marta Aguilar, said Tuesday that the arrest has been hard on her family.

“We are a bit disturbed by what happened,” she said.

Operation Roundup used federal informant Henry Gomez, who has a long history of crime and who admitted stealing from investigators during the sting operation, to purchase drugs while a videotape was made of the alleged transactions. Gomez then helped police identify the suspects through photos.