PATRICIA R. LYKOS

DISTRICT ATTORNEY

HARRIS COUNTY, TEXAS

February 23, 2009

News Release

Donna Hawkins

George Flynn

713-755-3320

DA Lykos Files Charge in Case that Led to Release of Inmate

Houston TX -- Harris County District Attorney Pat Lykos charged Andrew Wayne Hawthorne Monday with the October 2002 sexual assault of an eight year-old boy, in a case that previously led to the wrongful conviction of another man.

Ricardo Rachell had been convicted by a jury of the crime in 2003, and was sentenced to 40 years in prison. The District Attorney’s Office agreed late last year to his release, after tests showed his DNA did not match that of the assailant.

Testing confirmed that Hawthorne’s DNA profile is consistent with the man who assaulted the boy.

Hawthorne is charged with the first-degree felony of Aggravated Sexual Assault of a Child. He faces up to life in prison if convicted.

District Attorney Lykos commended the hard work of the prosecutors, investigators, and police officers who aided in the investigation that led to the release of Rachell and charge against Hawthorne.

“A complete report is being prepared with respect to the Rachell conviction. This office and the Houston Police Department are committed to presenting the unvarnished truth -- all of it — regarding the circumstances of Mr. Rachell’s imprisonment," Lykos said. "The investigation will be thorough and include a review of the policies and practices that allowed this injustice to occur.”

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Last Updated: 2/24/2009