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Wrongly Convicted Database Record
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Charge: |
First Degree Murder |
Sentence: |
Death |
Years Imprisoned: |
12.17 |
Year Crime: |
2003 |
Year Convicted: |
2005 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Harris |
City of Crime: |
Houston |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Alfred Dewayne Brown was wrongly convicted on October 18, 2005 of the April 3, 2003 murder of a Houston, Texas police officer and a convenience store clerk during a botched robbery attempt. Brown's alibi defense was he was at his girl friend's house at the time of the crime, but when threatened with prosecution his girl friend changed her initial statement that supported Brown's alibi. After a jury convicted Alfred Brown he was sentenced to death. In 2013 phone records corroborating Brown's alibi defense that he was at his girlfriend's house at the time of the murder were discovered to have been concealed by the homicide detective assigned to the case. Based on that new evidence of a Brady violation by the prosecution, the Harris County DA supported a Brown's writ of habeas corpus requesting the reversal of his conviction and the granting of a new trial. On November 5, 2014 the Texas Court of Criminal Appeals granted Brown's writ of habeas corpus and ordered a new trial on the basis the prosecution failed to disclose exculpatory phone records that supported his alibi defense he was with his girlfriend at her house at the time of the murder. On June 8, 2015 the Harris County DA's motion to dismiss the indictment against Brown based on insufficient evidence to retry him was granted and Brown was immediately released from the Harris County Jail after 12 years and 2 months in custody -- with 9 of those years spent on death row. On February 22, 2016 Alfred Brown filed a claim for compensation with the Texas State Comptroller seeking almost $2 million. On April 7, 2016 Brown's lawyers received notice from Texas State Comptroller Glenn Hegar that Brown's claim had been denied because it did not meet the mandatory requirements under Texas law, since he had not been formally declared to be "actually innocent" in the officer's shooting death. Hegar, said, "Our office is purely ministerial in nature and we have to look at the documents. This is one of those situations that does not have the required, necessary information to be approved." Brown's attorney's said they could seek for a court to overturn the denial, or seek for an amendment to the state law to provide for Brown's situation. On March 1, 2019 it was announced that the Harris County District Attorney's office had accepted the recommendation of a Special Prosecutor's report that Alfred Brown be declared "actually innocent." On May 3, 2019 a judge declared Brown was "actually innocent." The ruling paves the way for Brown to collect compensation from the state of Texas for his wrongful conviction and incarceration." |
Conviction Caused By: |
Exculpatory telephone records were not disclosed to Brown by the prosecution. |
Innocence Proved By: |
"On November 5, 2014 the Texas Court of Criminal Appeals granted Brown's writ of habeas corpus and ordered a new trial on the basis the prosecution failed to disclose exculpatory phone records that supported his alibi defense he was with his girlfriend at her house at the time of the murder. 'On June 8, 2015 the Harris County DA's motion to dismiss the indictment against Brown based on insufficient evidence to retry him was granted and Brown was immediately released from the Harris County Jail." |
Defendant Aided By: |
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Compensation Awarded: |
Denied by State of Texas. |
Was Perpetrator Identified? |
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Age When Imprisoned: |
21 |
Age When Released: |
33 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Ex Parte Alfred Dewayne Brown, No. WR-68,876-01 (Ct of Crim. Appeals of Texas, November 5, 2014) (Granting writ of habeas corpus and ordering new trial based on Brady violation)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=4410229462998353647&q=Alfred+Dewayne+Brown+2014&hl=en&as_sdt=6,48" |
Information Source 2: |
"Man sent to death row in officer's killing is freed, By Brian Rogers (Staff writer), Houston Chronicle, June 8, 2015" |
Information Location 2: |
http://www.chron.com/houston/article/DA-6314119.php |
Information Source 3: |
"Appeals court resets murder trial after finding evidence withheld, By Lisa Falkenberg (Staff writer), Houston Chronicle, November 5, 2014" |
Information Location 3: |
http://www.chron.com/news/houston-texas/houston/article/Appeals-court-resets-murder-trial-after-finding-5872863.php |
Information Source 4: |
"Robber convicted of killing police officer, By Peggy O'Hare (Staff writer), Houston Chronicle, October 18, 2005" |
Information Location 4: |
http://www.chron.com/news/houston-texas/article/Robber-convicted-of-killing-police-officer-1932855.php |
Information Source 5: |
"Chronicle's Falkenberg wins Pulitzer for Commentary, Houston Chronicle" |
Information Location 5: |
http://www.houstonchronicle.com/falkenberg/pulitzer/ |
Book About Case: |
"Grace and Justice on Death Row: The Race against Time and Texas to Free an Innocent Man, By Brian Stolarz, Skyhorse Publishing, 2016" |
Book Information: |
https://www.amazon.com/Grace-Justice-Death-Row-Innocent/dp/151071510X/ref=sr_1_1?ie=UTF8&qid=1525713330&sr=8-1&keywords=Grace+and+Justice+on+Death+Row+Brian+Stolarz |
Book About Case (2): |
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Book Information (2): |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org