March 1, 2019
HOUSTON- 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.
Following 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.
Brown was 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.
Brown was 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.
In May 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 continue.
Raley’s report concluded that Brown is “actually innocent” of capital murder under Texas law.
Today, 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.
Raley and 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.
Raley’s 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 community.”
Two other 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.
“We must never be afraid of the truth. It brings no justice to Officer Clark to convict the wrong person,” Raley said.