HOUSTON- Harris County District Attorney Kim Ogg appointed attorney John Raley to review the case of a former death row inmate freed in 2015 after the state’s highest criminal court ruled the government violated his rights by failing to turn over evidence supporting his alibi.
“Prosecution is a search for the truth,” Ogg said Wednesday. “John Raley has the experience and independence to review all the evidence.”
Raley has been retained to perform an independent review regarding Alfred Dewayne Brown’s claim of “actual innocence” in the crime and will present findings and recommendations to the District Attorney’s Office.
Brown was granted a new trial by the Texas Court of Criminal Appeals which ruled that the state failed to disclose phone records supportive of Brown’s alibi.
The prior District Attorney ultimately dismissed Brown’s capital murder charge due to an inability to corroborate a co-defendant’s testimony, and declined to make a determination as to whether Brown was actually innocent.
Brown has petitioned to be declared actually innocent.
Raley is a trial lawyer with the Houston-based commercial litigation firm of Raley & Bowick, LLP.
He is recognized nationally by prosecutors and defense lawyers for his work in actual innocence cases. His seven year fight to free Michael Morton led to the Act bearing Morton’s name requiring prosecutors to share their complete investigation with defense lawyers.
“It is a mistake to draw conclusions about a case before the facts are fully analyzed,” Raley said. “People who do that try to make the facts suit their theories rather than make their theories suit the facts.” He added, “We will do a thorough and independent review of the facts and the law pertaining to Alfred Brown.”
Brown was convicted in the deaths of Houston Police Officer Charles Clark and store clerk Alfredia Jones during a robbery in 2003.
Two other persons were convicted in the case and remain in prison.
Dashan Vadell Glaspie was convicted of aggravated robbery as part of a plea agreement and is serving a 30-year sentence.
Elijah Dwayne Joubert was convicted of capital murder and sentenced to death. He remains on death row.