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Thread: Alfred Dewayne Brown - Texas

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    Alfred Dewayne Brown - Texas






    Summary of Offense:

    On April 3, 2003, in Harris County, Brown and two co-defendants fatally shot a store clerk, Alfredia Jones, and a Houston police officer, Charles Clark, while robbing a check-cashing establishment.

    Brown was sentenced to death in November 2005.

    Elijah Dwayne Joubert was also sentenced to death in this case. For more, see: http://www.cncpunishment.com/forums/...exas-Death-Row

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    Mr Brown was one of the people evaluated by Dr George Denkowski for mental retardation.

    http://www.texastribune.org/texas-de...penalty-cases/

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    IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS

    NO. WR-68,876-01
    EX PARTE ALFRED DEWAYNE BROWN

    ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
    FILED IN CAUSE NO. 1035159-A IN THE 351st DISTRICT COURT
    HARRIS COUNTY
    Per Curiam.

    O R D E R

    In October 2005, a jury found applicant guilty of the offense of capital murder. The jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Brown v. State, 270 S.W.3d 564 (Tex.Crim.App. 2008). On January 16, 2008, this Court remanded applicant's case to the trial court. It has been more than two years since the application was remanded. Accordingly, we order the trial court to resolve any remaining issues within 90 days from the date of this order. The clerk shall then transmit the complete writ record to this Court within 120 days from the date of this order. Any extensions of time shall be obtained from this Court.

    IT IS SO ORDERED THIS THE 1ST DAY OF AUGUST, 2012

    http://law.justia.com/cases/texas/co...68-876-01.html

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    Does 'pick-a-pal' system give you a grand jury of your peers?

    By Lisa Falkenberg (Columnist, Houston Chronicle) BEWARE, biased opinion.

    The horrible thing about judges, magistrates, detectives, policemen and other "legal officials" isn't that they're wicked or stupid, 20th Century English luminary G. K. Chesterton once wrote.

    It's that they're jaded.

    "Strictly they do not see the prisoner in the dock; all they see is the usual man in the usual place," Chesterton wrote. "They do not see the awful court of judgment; they only see their own workshop."

    In an essay on jury service, he suggested that something as important as a person's guilt or innocence shouldn't be left to trained people, but rather, their judgments should be infused with "fresh blood and fresh thoughts from the streets."

    In other words, common people who bring common sense, empathy and logic not constrained by legal theory, politics, or rote concern over next week's paycheck.

    If we want a library catalogued or a solar system discovered, Chesterton wrote, our civilization employs specialists. "When it wishes anything done which is really serious, it collects twelve of the ordinary men standing around."

    Alfred Dewayne Brown could have used twelve ordinary folks standing around when he was accused of killing a Houston police officer in 2003.

    And so could his girlfriend, Ericka Dockery, an alibi witness who was bullied and threatened by a Harris County grand jury into changing her story.

    Instead of clear eyes and open minds, they got a group of repeat-grand jurors led by a damn-near professional.

    Newly obtained court records show that the foreman, James Koteras, was not only an active Houston police officer and colleague of the murdered officer, he was a grand juror who had served at least six times by 2003. Records show he has served on at least 10 grand juries since 1992.

    This is outrageous on many levels. It flies in the face of Texas law, which requires grand juries to represent "a broad cross-section" of the community.

    State District Judge Denise Collins, who empaneled Koteras' grand jury, said she usually asks potential grand jurors how many times they've served before approving them, but she doesn't recall whether she did so in Koteras' case. She says if he had told her he'd served six times, she wouldn't have approved him.

    "I don't think it's a good idea to keep putting the same people on the grand jury," Collins said this week, but she added, "sometimes, you get desperate."

    Several years ago, Collins turned to a new method of choosing grand jurors: she selects them herself from pools of people randomly called for regular jury duty.

    As for Brown and Dockery, they didn't get a grand jury willing to protect their rights and serve as a check against overzealous prosecution. They didn't get a grand jury willing to uphold its oath to conduct inquiries with diligence and honesty.

    They got a grand jury whose own apparent zeal and jaded view robbed Brown of his only alibi witness and helped deprive Dockery of her freedom.

    In Koteras' eyes, Brown may have seemed the usual suspect. A poor black man - and in this case, illiterate - who had socialized with the wrong crowd and whose girlfriend was probably doing what other girlfriends in these cases have done: lying to protect her boyfriend.

    As I've reported in a series of columns on the case, Dockery ended up charged with felony perjury for her conflicting statements to the grand jury and locked up at the Harris County jail for four months away from her three children until she agreed to testify against Brown.

    Although Koteras' grand jury didn't indict Brown, the one that did also included a cop: a former officer who, according to Chronicle archives, had served as an aide to a former chief. In 2005, Brown was convicted of capital murder and sentenced to death.

    New evidence unearthed in a detective's garage suggests Brown may have been telling the truth. The trial judge and prosecutors have agreed to a new trial, but the Texas Court of Criminal Appeals has sat on the case for more than a year while Brown waits on death row.

    The circumstances that led us here are outrageous. But few people familiar with the Texas grand jury process are surprised. It's what happens in a relic of a system - discarded by 48 other states - that lets an elected judge pick a pal, called a commissioner, to pick more pals to guard the gates of due process.

    "At some point," says criminal defense attorney Clay Conrad, "the system has just gotten so inbred it's just sort of a parody of what it's supposed to be, which is a citizen panel chosen at semi-random to determine whether the government had enough evidence to go forward. Now it's a panel of cops and retired cops who've done this many times before and it acts as a rubber stamp."

    Conrad isn't so jaded that he doesn't want to do something about a dangerously flawed system.

    And neither are judges like Collins, who have moved away from the "pick-a-pal" system of grand jury selection. But there are plenty more who cling to it, likely because it's easier, and it's the way it's always been done. A Chronicle story last year reported that 12 of the 21 criminal district courts are still using pick-a-pal to fill their grand juries.

    How many of those include ordinary, fair-minded folks? How many are stacked with people like James Koteras?

    How many would you trust with your case?

    http://www.houstonchronicle.com/news...of-5687186.php
    An uninformed opponent is a dangerous opponent.

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    A man on death row for killing an HPD officer wins appeal

    HOUSTON - Alfred Dwayne Brown says he is innocent despite his conviction and death sentence for the killing of Houston Police Officer Charles Clark in April 2003.

    Now the Texas Court of Criminal Appeals says there is evidence he might be right and it is evidence that Harris County prosecutors may have had during his trial and did not share with the defense.

    "This thing is outrageous for a lot of reasons," said KHOU 11 News Legal Expert Gerald Treece.

    Alfred Brown was convicted in 2005 for the murder of HPD officer Charles Clark during an attempted check cashing store robbery in 2003.

    He said all along that he was not there, he was with a girlfriend at her apartment but he had no proof.

    Just last year, a retired HPD detective found a box of evidence from the case in his garage. In that box was a phone record that could prove Brown's whereabouts. That record was requested by the lead prosecutor in the case.

    "You don't get a fair trial if the government knows that your alibi might be true but does not give you that evidence that helps you," said Treece.

    In a statement, Harris County District Attorney Devon Anderson said that office, "…discovered that the defense was not provided material information at trial. As a result of this review, our office agreed that Mr. Brown should receive relief in his case so that justice could be served."

    The DA's office supported the request for a new trial, "I will now carefully review and evaluate the case to determine the appropriate proceedings," said Harris County District Attorney Devon Anderson.

    The difference now is that Brown has something, "It is a good piece of evidence in his favor it may give her second thoughts," said Dave Atwood of the Texas Coalition to Abolish the Death Penalty.

    Brown will have to wait. Anthony Graves knows something about that, "I don't know if it gets any worse than what I went through," Graves said.

    He spent 18 years behind bars, on death row, even had execution dates set twice for a crime he did not commit, "Unfortunately it is the culture. It is the culture to win at all costs."

    Graves has had involvement in the Brown case, talking to the girlfriend who told him she was threatened during Grand Jury testimony, "What she revealed to me was really shocking but not surprising."

    That witness has now recanted her testimony and now it is the DA's move.

    Graves hopes for the best, "We have to actually want to seek justice instead of winning convictions."

    http://www.khou.com/story/news/crime...rial/18537887/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    DA's probe of former death row inmate raises concerns

    By Lisa Falkenberg
    Columnist, Houston Chronicle

    When readers of this column first met Alfred Dewayne Brown in May, he was waiting.

    He'd been waiting for nearly a year for the state's highest criminal court to decide whether to toss out his capital murder conviction and death sentence after the Harris County District Attorney's Office acknowledged it had withheld material evidence that supported his alibi. The evidence, if you'll recall, had turned up in the garage of a homicide detective.

    Much has happened since then: a transcript showing a grand jury threatening Brown's alibi witness into changing her story, and news that the foreman of the grand jury was himself a cop - a longtime colleague of the Houston police officer Brown was accused of murdering - set off a debate about how grand jurors are selected in Texas and calls for reform. Last month, a reform bill passed unanimously out of the Texas Senate.

    Meanwhile, on Nov. 5, the appeals court finally overturned Brown's conviction. Harris County District Attorney Devon Anderson vowed her office would look closely at the evidence before deciding whether to retry Brown. In December, after nearly a decade on death row, Brown was transferred to the Harris County Jail to await his fate.

    He is still there. He is still waiting.

    Five months after the district attorney agreed to review Brown's case, her office won't say what is taking so long.

    "All we are going to say is the investigation is ongoing," district attorney spokesman Jeff McShan wrote in an email.

    He later called to add that the office has "an entire team" working on the Brown investigation. He said he didn't expect the DA to announce whether she planned to retry Brown "any time soon."

    Brown's court-appointed attorney, respected veteran Katherine Scardino, questions how much investigating is actually going on.

    She said senior prosecutor Craig Goodhart told her he was leading the DA's investigation and he initially indicated he'd have an answer on whether to retry Brown within a month. But Scardino said Friday that her investigator has talked to at least 10 witnesses in the case and has asked each one whether or not they've been contacted by the DA's office.

    "The answer has been 'no' on every single one of them," Scardino said. "I don't know how he could conduct any kind of investigation without talking to the witnesses."

    Prosecutor's past

    Goodhart did not return my call. Scardino said she doesn't know why the DA's office keeps asking the judge to reset hearings. She said she's held off on much of the costly investigation involving issues such as mental health until she got word from the DA's office on whether they're going to prosecute again, and if so, whether they'll seek death.

    But she says she's tired of waiting, and she'll start preparing a full defense if she doesn't get an answer at the next hearing, scheduled for Tuesday.

    "If I don't have a decision on Tuesday, I'm going to start spending the state's money," she said. "People complain about the cost of capital cases in the state of Texas. A lot could be saved if the state would timely do what they say they're going to do."

    Besides delays, there's another issue that raises concerns about the DA's handling of the Brown investigation. You'd think that after the office's monumental failure in the initial trial, the current district attorney would go out of her way to appoint a prosecutor with a pristine record to lead the second inquiry.

    Goodhart, if he is indeed in charge, does not meet that qualification.

    A seasoned, experienced prosecutor, to be sure, he's also been tangled up in several allegations of misconduct and unethical behavior against the office through the years, including one involving Scardino.

    In the 1997 capital murder trial of Joe Durrett, who was accused of killing his ex-wife and her sister in Pasadena, Scardino presented a credible witness who accused Goodhart of trying to manipulate medical examiner findings. In her closing arguments, Scardino told jurors that the prosecution, which had earlier included Goodhart, "has treated you like idiots." With that, Scardino won a rare acquittal in a death penalty case.

    In another murder trial that same year, Goodhart was demoted temporarily after slapping a defendant on the back so hard during his closing arguments that the judge declared a mistrial.

    More recently, in February, the Texas Court of Criminal Appeals cleared the way for a hearing into allegations that Harris County prosecutors coerced and blackmailed witnesses to convict Linda Carty, a British national on death row since 2002.

    Witness allegations

    As the Chronicle's Lise Olsen reported, most of the allegations of prosecutor misconduct were leveled at Assistant District Attorney Connie Spence, but a key eyewitness in the Carty case also accused Goodhart of threats, intimidation, and coaching his testimony.

    "It didn't seem to matter what my eyes had actually seen," the witness, Christopher Robinson, wrote in an affidavit. "They were always pushing me to change things around and add more."

    The district attorney's office has not yet responded to the February ruling, but officials have said a county probe is ongoing.

    McShan, the DA's spokesman, did not answer questions about whether DA Anderson has concerns about Goodhart's involvement in the Brown case.

    But I have concerns.

    Brown - poor, black, and illiterate - was just 23 when he was sentenced to death in 2005 for the murder of HPD veteran Charles R. Clark, who was shot to death trying to stop the robbery of a check-cashing store.

    A decade of waiting

    Brown was deprived of fair prosecution nearly every step of the way. Now, finally, when it seemed he had a second chance at due process, the DA's office may be dragging its feet. And the prosecutor heavily involved in the inquiry has a questionable record.

    "They don't have any evidence on Alfred Brown," Scardino says. She believes another suspect, already identified, is likely the real killer. Prosecutors may still feel very differently about that.

    But Anderson's office owes us an answer, and soon. Brown deserves justice. It's been a decade. He's still waiting.

    http://www.houstonchronicle.com/news...es-6208898.php

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    DA: Charges dropped against man convicted of killing HPD officer

    HOUSTON - Charges against a man sentenced to death in the 2003 killing of a Houston Police Department officer have been dropped, the Harris County district attorney announced.

    District Attorney Devon Anderson said Monday that capital murder charges have been dropped against Alfred Dewayne Brown.

    The Texas Criminal Court of Appeals overturned Brown's conviction in November 2014 because of evidence withheld during his trial in 2005.


    Based on that ruling, Anderson could have either dropped the charges against Brown or granted him a new trial.

    Anderson said after Brown's conviction was overturned, her office assigned prosecutors to start a completely new investigation of the case. Monday she revealed the results.

    "As it stands right now, we have insufficient evidence to go forward" to retry Brown, Anderson said.

    Prosecutors said Brown and two other men were robbing a check-cashing store when they shot and killed the store clerk, Alfredia Jones, and then Officer Charles Clark, who responded to the scene.

    Brown claimed that he was innocent and that he had an alibi that could prove it. He said he was at his girlfriend's house and made a call from a landline phone. But phone records were never produced during the trial or shared with the defense.

    The Harris County District Attorney's Office found the phone records in 2013 during a post-conviction review of the case. They were in the garage of a homicide detective.

    The office then turned over the evidence to Brown's defense attorneys, who filed a new appeal on his behalf.

    "There's a rule that requires prosecutors to show the defense any evidence that would tend to show innocence, and that was not done in this case," said Sandy Thompson, a professor at the University of Houston's Law Center.

    "My heart goes out to the families of Officer Clark and Alfredia Jones, whose loss and continuing grief cannot be comprehended. I can only assure them that their loved ones will never be forgotten and our pursuit of justice for those responsible will never cease," Anderson said Monday.

    Brown will be a free man as early as Monday afternoon.

    The investigation into Clark's death remains open, the DA's Office said, and there is no statute of limitation for capital murder.

    http://www.click2houston.com/news/ha...rence/33464386
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Man sent to death row in officer's killing is freed

    Alfred Dewayne Brown had spent more than a dozen years behind bars, many of them sitting on death row, so he had learned to bide his time.

    The latest two were spent in jail in Harris County, after the District Attorney's Office agreed that he deserved a new trial in the death of a Houston police officer because evidence that could have helped his defense was withheld. He was still waiting eight months ago, when the highest court in Texas threw out that capital murder conviction.

    On Monday, the day he was awaiting, but didn't think was certain, arrived. The day he was declared a free man.

    District Attorney Devon Anderson said she was dismissing the case, that she didn't have enough evidence for a new trial, despite protestations from police officials that they had the right man.

    "We re-interviewed all the witnesses. We looked at all the evidence and we're coming up short," Anderson told reporters. "We cannot prove this case beyond a reasonable doubt, therefore the law demands that I dismiss this case and release Mr. Brown."

    Brown's older sister, Connie Brown, who was among family waiting outside the jail Monday night, said she was on the computer at work when she got the news charges had been dropped.

    "I was excited, crying, overwhelmed," she said. "What else can I say? God is good."

    Seconds later, as Brown emerged in a neon green polo shirt and bright orange sneakers that looked a few sizes too tight, she let out a moan, ran to his arms and cried.

    "It feels really good. It was a long wait but it was worth the wait," Brown said, tightly holding onto his sister's hand.

    He compared a life in prison to being in a dog kennel. Hardest to bear was being unable to embrace his family, including his daughter who will turn 15 in July.

    "You can't reach out and touch someone. You walk around with handcuffs all the time," Brown said.

    Brown said he holds no bitterness for the conviction that sent him to death row.

    "They law, they did what they felt like was right, even though it was wrong," he said.

    Brown understands that some in law enforcement still believe he was responsible for the death of Officer Clark. But, he still maintains he had nothing to do with the murders.

    "I went there as an innocent man and I came out as an innocent man," Brown said.

    Brown was sent to death row in 2005 for the robbery of a check-cashing business on the southeast side that ended with the fatal shooting of veteran officer Charles R. Clark and store clerk Alfredia Jones on the morning of April 5, 2003.

    The Court of Criminal Appeals in November threw out the conviction and death sentence after ruling that his defense team was not given evidence that could have supported his alibi at trial.

    That evidence was a copy of a telephone record, found by an investigator who was part of the case.

    Brown said he had spent the day alone at his girlfriend's house. Brown's attorney told jurors that he called his girlfriend from her house after seeing television reports of the shooting, but jurors did not see any business record of the call from the land line.

    When the phone document was discovered in 2013, the district attorney's office said it had been inadvertently misplaced and sent it to defense lawyers for Brown.

    The DA's office later agreed that it was should have been handed over before trial and agreed that Brown deserved a new trial.

    In planning for the retrial, Anderson said Monday, prosecutors decided there was no longer enough evidence to secure a conviction.

    Because the case reverts back to an open investigation, Anderson would not answer other questions about the evidence or whether she believes Brown committed the crime.

    Anderson did say there is "insufficient evidence to corroborate the testimony of Brown's co-defendant."

    "When new evidence is discovered, this office will review it and proceed accordingly," she said. "There is no statute of limitations for capital murder."

    Houston Police Chief Charles McClelland and Joseph Gamaldi, vice president of the Houston Police Officers Union, stood with Anderson as she announced to reporters that charges were dismissed, effectively clearing Brown. They both said they still believe he committed the crime.

    "I'm convinced that this is the person that we need to focus on," McClelland said. "I haven't seen any evidence that proves or convinces me that this individual is not guilty."

    Gamaldi was even blunter.

    "Let us be clear: we believed we had the right man at that time, and we believe we have the right man now," Gamaldi said. "That's what the witness statements bared out during the original trial and that's what we'll stick by."

    The two also said that having a conviction overturned does not mean a suspect did not commit the crime.

    "For those of you who are saying he has been wrongfully convicted: you're wrong," Gamaldi said. "He wasn't wrongfully convicted. He's just been granted a new trial. There's a big difference."

    Anderson said "wrongful conviction" is a term of art that she is not comfortable using, while McClelland rejected the idea that Brown was not involved in the 2003 shooting.

    "I caution you in how you describe 'not going forward with the case' or refiling the case and equating that with someone being 'innocent.'" McClelland said. "I will concede he is 'Constitutionally innocent' until proven guilty."

    Other lawyers who worked on Brown's appeal said it was the right decision.

    "I believed he was innocent the moment I met him, and there's finally justice," said Brian Stolarz, 41, an attorney who handled Brown's case for about five years at the Philadelphia-based firm K&L Gates. "I'm glad justice was finally done. I'm glad it wasn't too late."

    Over the years, the lawyer developed a friendship with Brown, whom he says he loves "like a member of my own family."

    "After the birth of my kids, this is the greatest day of my life," said Stolarz. "I feel like it was my own personal, professional and even religious duty to get him out."

    Brown's conviction relied on testimony from another man who said he was one of three people who robbed the check cashing store and the only one who did not fire a gun.

    Dashan Vadell Glaspie was given a 30-year sentence in a plea deal that required he testified against Brown and Elijah Dwayne Joubert.

    Joubert was also sent to death row after being convicted of capital murder.

    Both men have been transferred to the Harris County jail where they would have been available to talk to investigators and prosecutors tasked with retrying the case.

    Monday's decision does mean Brown will be listed as "exonerated" by Maurice Possley, a senior researcher at the National Registry of Exonerations.

    "He fits our criteria," Possley said.

    He said the requirements for exoneration are that a conviction goes away, either because the charges are dismissed or an acquittal at a retrial, and there's evidence that was not available at the first trial that is favorable to the defendant.

    Katherine Scardino, Brown's attorney, said she does not know whether her client would have a compensable claim under the state's wrongful conviction laws.

    She also said she was not surprised that police continue to suspect Brown, a soft-spoken man she called a "sensitive and gentle soul."

    "I guess they are cops and they don't want to say they got the wrong person," she said. "It's been my experience that when police officers think they got their man, they don't like changing their minds."

    http://www.chron.com/houston/article/DA-6314119.php

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    Former death row inmate seeks $2 million in state compensation

    Former death row inmate Alfred Dewayne Brown filed a request Monday for almost $2 million in state compensation saying he spent more than 12 years behind bars because he was wrongfully convicted.

    State senator Rodney Ellis and lawyers for Brown said the 33-year-old is eligible for a lump sum of $973,589 plus an annuity in that amount to be paid annually for the rest of his life.

    Brown was freed from prison last year, and his case has been dismissed but no official has said he is "actually innocent."

    However under the Tim Cole Act, a state law providing compensation for the wrongfully convicted, Brown fits the definition of "exonerated," according to his lawyers.

    "No 'magic words' are required anymore," said Neal Manne, one of Brown's attorneys. "The magic is in the fact that you're released."

    In a red and white plaid button down shirt and jeans, Brown said little Monday except that he is working in construction and enjoying spending days with his family.

    "I'm good," he said. "Just staying around family."

    Brown spent 12 years and 62 days in jail, including a decade on death row after being convicted of capital murder in the fatal shooting of officer Charles Clark and clerk, Alfredia Jones during the robbery of a check-cashing store in 2003.

    The dismissal still rankles Houston police officers who have said, through their union officials, they continue to believe Brown was part of a gang of three men involved in the check cashing store robbery turned double murder. Clerk Alfredia Jones was killed in the shooting.

    Brown was released from jail June 8 after a police detective came forward with telephone records in the case that could have aided Brown's defense. The records might have bolstered Brown's alibi that he spent the day at his girlfriend's home. The state's highest court reversed the conviction and sent the case back to Houston.

    Harris County District Attorney Devon Anderson decided last year that there was not enough credible evidence in the case for a re-trial and dismissed the charges, freeing Brown.

    That course of events is enough to show that he is presumed innocent, his lawyers said. The state comptroller will be in charge of distributing the money and other benefits, including free healthcare and free college tuition.

    http://www.chron.com/news/houston-te...te-6846903.php

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