Thursday, November 06, 2014

Habeas writs highlight withheld evidence in capital case, drug prosecution shortfalls

Harris County isn't the only place where folks are coerced into plea deals for drug offenses when the crime lab report later reveals they did not, in fact, possess any drugs. Yesterday's Texas Court of Criminal Appeals hand down list includes another such a case out of Wharton County. MORE: A reader reminds me the Statesman covered this topic back in April, detailing numerous, similar cases around the state.

Also on yesterday's hand down list: The CCA granted a habeas writ from capital murder defendant Alfred Brown out of Harris County, finding that "the State withheld evidence that was both favorable and material to applicant's case in violation of Brady" in his 2005 capital murder trial. The Harris DA's office under the late Mike Anderson agreed the prosecutor withheld evidence. Lisa Falkenberg, who has been covering the case at the Houston Chronicle, reports that the prosecutor in question was Dan Rizzo, who says the concealed evidence supporting Brown's alibi was an honest mistake. I'm sure then, in the state bar's eyes, that will mean "no harm [except to Alfred Brown], no foul."

1 comment:

rodsmith said...

like I've said before In cases like this where innocent people are involved. This is a plainly illegal detention. After all they did nothing wrong. Therefore they have every legal and moral right to remove themselves from said illegal detention no matter what they have to do or who they have to hurt or kill to do it.