Special Prosecutor John Raley has submitted his report regarding former death
row inmate Alfred Brown to District Attorney Kim Ogg today, concluding Brown is
innocent under Texas law.
the highest legal standard in such situations, Raley concluded that no
reasonable juror would now find Brown guilty in a case tainted by withheld
evidence and abuses by a prosecutor and a grand jury.
convicted of capital murder in 2005 for the slaying of Houston Police Officer
Charles Clark, who was killed during a botched robbery of Ace Check Cashing;
employee Alfredia Jones was also slain.
sentenced to death, but his case was overturned by Texas’ highest criminal
court, and Brown was freed. Ultimately, his case was dismissed, but the
question of his “legal innocence” was not addressed.
2018, Ogg appointed Raley, a nationally recognized expert, to analyze whether
Brown should be re-indicted, declared “actually innocent,” or whether the
status quo of dismissed charges with no formal declaration of innocence should
report concluded that Brown is “actually innocent” of capital murder under
prosecutors filed an Amended Motion to Dismiss in the 351st District
Court of Harris County, which is signed by Ogg and includes Raley’s report as
the sole exhibit.
his team spent more than 1,000 man-hours on the assignment, reviewing thousands
of pages of reports and transcripts, interviewing actual and potential
witnesses, and meeting with Houston Police Homicide investigators.
report also recommends further investigation of former Asst. District Attorney
Dan Rizzo, the trial prosecutor whose failure to turn over exculpatory evidence
resulted in the original dismissal of charges.
“Our job is
to seek justice in every case, regardless of how long it takes.” Ogg said.
“Alfred Brown was wrongfully convicted and meets the legal standard for
innocence in Texas. As district attorney, it’s my duty to seek the truth –
anything less is ultimately injustice for the victims, the defendant, and the
men remain in prison in the case. Dashan Glaspie was convicted of aggravated
robbery in a plea agreement and sentenced to 30 years. Elijah Joubert was
convicted of capital murder by a jury and remains on death row.
never be afraid of the truth. It brings no justice to Officer Clark to convict
the wrong person,” Raley said.
County District Attorney’s Office