DA to review case of former death row inmate who wants to be declared innocent

HOUSTON, Texas (KTRK) -- A Houston man sent to death row for the fatal shooting of a police officer has had his charges dismissed and he was set free in 2015. Now his case will be under review by the Harris County District Attorney's Office.

Alfred Dwayne Brown was convicted in the deaths of Houston Police Officer Charles Clark and store clerk Alfredia Jones during a robbery in 2003.

He spent a decade on death row before walking out a free man in 2015 after the state's highest criminal court ruled the government violated his rights by failing to turn over evidence supporting his alibi.

Now Harris County District Attorney Kim Ogg has appointed attorney John Raley to perform an independent review regarding Brown's claim of "actual innocence" in the crime.

"I come from a family of prosecutors," he said. "My sole issue is whether Alfred Dwayne Brown is actually innocent as a matter of Texas law."

A Houston man sent to death row for the fatal shooting of a police officer more than a decade ago has had his charges dismissed

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 his 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.

Brown, who now lives in Louisiana, has said he holds no bitterness towards the police officers and prosecutors who worked on his case.

"They were doing what they thought was right, even though it was wrong. I can't blame them for that," Brown said when he was released.

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Although his conviction was overturned, and a retrial not pursued, Brown needs a finding of "actual innocence" to be made in order to collect restitution for his years in prison. Attorney Neal Manne is handling that part of Brown's case.

"The only question is whether he will finally receive the compensation he deserves," he said.

Two other people 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.