Justice is not always swift. Sometimes the road to victory is long and treacherous, and for people who get wrongfully convicted and sent to death row, the success of their appeals can make the difference between life and death. A death row inmate finally got freed after a lengthy appeal revealed that the prosecutor withheld evidence during his trial and, while under oath, denied having information that supported the defendant’s alibi.

Alfred Dewayne Brown, along with two others, got convicted of killing a police officer and a clerk during a 2003 robbery at a check cashing store. Throughout his trial and subsequent incarceration on death row, Brown maintained his innocence and said that there are phone records which could prove that he was at home at the time that the robbery and murders happened.

The phone records that Brown said would support his alibi show that he had called his girlfriend from his home at the time that the crimes were in progress. The records got found in 2013 by a detective who was searching Brown’s home. They were in his garage. After the records got found, a court overturned Brown’s conviction, and prosecutors chose not to bring the case back to trial.

In 2008, Dan Rizzo said under oath that he didn’t withhold information that could have aided Alfred Dewayne Brown’s defense. The prosecutor claims that not mentioning that the phone records got found was a mistake, that the failure to disclose the records was unintentional. However, that assertion and how sworn statement directly contradicts a recently recovered email that just got released by the Harris County District Attorney’s Office. The email shows that in 2003, before Brown’s trial, the prosecutor got told about phone records that could have been used to support Brown’s defense. The prosecutor never told Brown’s defense attorney about the phone records, despite the “Brady Rule” that requires that any materials that could possibly exculpate a defendant get provided to that defendant’s attorneys by the prosecution.

Alfred Dewayne Brown is now free, and in light of what had happened in his case, there is an effort underway to examine the prosecutor’s conduct in other cases, some of which resulted in convictions just as serious as Brown’s capital murder conviction. The cases that will get reviewed are cases in which the defense alleges violations of the Brady rule. It has not yet gotten decided how many cases could potentially get affected by the review.

Unfortunately, the statute of limitations for a possible perjury case against Rizzo has already run. It is still possible that he could face disciplinary action, but it is uncertain what result that would have because he is retired. Brown had been pursuing a civil suit against Harris County for compensation for the ten years that he spent wrongfully incarcerated on death row. The state rejected his request for compensation, saying that it cannot pay him since he has not been declared innocent. It is unclear whether Brown or anyone else will continue to pursue compensation.

Texas Criminal Defense Attorney Alex Tyra – An Ally for Texas Defendants

If you recently got charged with a crime, know you do not have to fight your Texas criminal charges alone. A Texas Criminal Defense Attorney can walk with you through your criminal case towards a successful resolution. Call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499, or fill out a contact form on our website.

The quality of legal defense that a person gets after they get accused of a crime in Texas is not always equal. One unfortunate truth about criminal defense in Texas is that while there many talented criminal defense attorneys who are capable of bringing the best possible defenses for their clients into the courts, not all of those attorneys serve in positions where they can do that. Several types of attorneys are available to people who get accused of crimes in Texas. Private counsel are available to anyone who is willing and able to pay their fees or get help from family or friends to do so. Public defenders are available to people who meet specific criteria regarding the economic resources they have available to them. Inmates incarcerated in the Texas Penal System who get accused of committing crimes while they are incarcerated have access to yet another group of attorneys, the State Counsel for Offenders (SFCO).

Each of the aforementioned groups of attorneys experiences different financial, time, and other pressures regarding their work. Sometimes those pressures result in situations where talented attorneys are not permitted to perform the quality of work that they can do. For example, public defenders often get burdened by large caseloads and therefore experience time pressures that do not permit them to spend the amount of time on each client’s case that they would like to spend on it. The attorneys who are part of the SFCO face a different type of pressure in the form of a conflict of interest between the work that they are charged with doing – representing indigent inmates – and the goals of the agency that funds them and has control over their work – the Texas Department of Criminal Justice.

A recent report states that SCFO attorneys have fewer resources available to them than the prosecutors that they must face in court. This means that sometimes, even though the SFCO attorneys know what defense strategies, expert witnesses and other things would make the best cases for their clients they are not always able to access all of them and present the case the way that they would like to. The clients in those cases do not get the best possible defenses in their cases.

Whenever possible, it is crucial that people who get charged with crimes in Texas get help from private counsel. Your Texas Criminal Defense Attorney has represented many clients charged with crimes in Texas, and they know how to present a strong defense on your behalf. Whether this is your first criminal charge or a repeat offense, your attorney can analyze the facts of your case and craft a defense strategy that gives you a good chance of achieving a positive result in your case. Your attorney can help you understand your charges, and they can help you understand and navigate the various impacts that your criminal charge is likely to have in your life.

Texas Criminal Defense Attorney Alex Tyra – Strong Support for Texas Defendants

A criminal charge can throw many things in your life off course. Fortunately, you do not have to navigate your Texas criminal case alone. A Texas Criminal Defense Attorney can support you every step of the way as you work to get your life back on track. Call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499, or fill out a contact form on our website.