On Wednesday November 5, the Texas Court of Criminal Appeals sent the murder case of Alfred Dewayne Brown, a man convicted in the 2003 death of a veteran Houston Police Officer, back to the lower court for a new trial. Brown allegedly shot Charles R. Clark during the course of a burglary at a check-cashing store. Now, Brown’s 2005 conviction and death sentence have been thrown out by the appeals court because of new evidence that has come to light, evidence that was allegedly withheld by the Harris County District Attorney’s Office.
Devon Anderson, District Attorney in the case against Brown, said in a statement that their office discovered that material information was not provided to the defense at trial. Their office agreed that the defendant should receive relief in order for justice to be served, however she did not reveal whether the state would try Brown again for the murder, or dismiss the case.
Brown has always insisted that he was not at the check-cashing store when the officer was shot, that he was at his girlfriend’s apartment. While his defense lawyers did not present evidence to support his claim, Brown said that he had made a landline call that could prove his innocence. Brown appealed his conviction once and lost, however a private law firm took over in 2007 and began a search for evidence that would support their client’s alibi.
Last year, a Houston homicide detective was cleaning out his garage when he discovered a box of old documents from Brown’s case. In looking through its contents, the detective found a phone record that supported Brown’s claim that he had made a land line call from his girlfriend’s apartment.
Michigan criminal appeals attorneys know that it is rare that a murder conviction and sentence are thrown out by an appeals court, however in this case it is evident that errors have been made which could have affected the outcome of the case.
Those who have been wrongly convicted or who feel that mistakes were made such as the exclusion of vital evidence will want to consider an appeal. Appeals court judges review all of the details of a case in an effort to determine if the defendant’s rights may have been violated, or errors made by anyone in the judicial system (attorneys, judges, even jurors). If you have been convicted of a crime, it does not mean you have no more options. Consult with an experienced and capable Michigan criminal appeals lawyer who can help determine if you may have grounds to appeal your conviction and/or sentence.