Alfred Dwayne Brown, whose conviction and death sentence in a case involving the fatal shooting of a Houston police officer was thrown out, will not be retried, Harris County District Attorney Devon Anderson said Monday.
The Court of Criminal Appeals last year threw out Brown’s 2005 conviction and death sentence after ruling that his defense team was not given evidence that could have supported his alibi at trial. The evidence was a copy of a telephone record, found last year by an investigator who was part of the case.
No physical evidence tied Mr. Brown to the crime. Mr. Brown’s girlfriend was aggressively interrogated and threatened with perjury by the grand jury foreman, who was a police officer, and she was jailed for seven weeks until she changed her testimony to implicate Mr. Brown. She has since recanted that testimony.
Mr. Brown’s attorneys have uncovered compelling evidence that the murder was committed by another man with a history of robbery and connections to the co-defendants in the crime. They filed a motion in 2008 to test the alternate suspect’s DNA, but no test has been carried out.