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HOUSTON (FOX 26) - The district attorney's office spelled it out in a 179-page report. In 2005, prosecutor Dan Rizzo had evidence that could’ve exonerated Alfred Brown, but hid it from the defense. Alfred Brown is actually innocent of capital murder.
"They told themselves the ends justified the means and we can't let this murderer get away and if they hid this evidence, that murderer would get off, and that's when sloppy work became professional misconduct," said special prosecutor John Raley.
In 2003, Alfred Brown was one of three men accused of robbing a check cashing place on the South Loop. During the botched heist, one of them killed clerk Alfredia Jones. Brown was convicted of murdering Houston Police Officer Charles Clark, and went to death row. Ten years later, he was released because of problems with the case, but never declared actually innocent. Ogg says it will be up to a judge to decide what to do with the now-retired Rizzo.
"The system has worked in this case. Mr. Brown was wrongfully convicted due to prosecutorial misconduct," Rizzo said.
This is not just a matter of semantics. Brown now lives in Louisiana, but his lawyer said if he's finally declared innocent, he's entitled to compensation from the Texas for the time he spent behind bars.
"Just extraordinary for him this is going to give him a wonderful feeling," Rizzo said.
Not everyone is celebrating. Clark's widow, for example.
"I should not have to fight the system to get my husband justice," said Hilda Clark.
The Houston Police Officer's Union says that Brown was and still is guilty of executing a police officer.
Members blasted the special prosecutor as under qualified, and District Attorney Kim Ogg for allegedly playing politics with his case.
"You are a disgrace to Harris County in this decision that you made. You are a disgrace to this family and you’re a disgrace to this man's family and his wife. And I don't care who quotes me in saying that. I'm disgusted with Kim Ogg today," one member said.
The union wants to resubmit the caser to the grand jury. Chief Art Acevedo says he hasn’t read the report yet, and won’t make a decision until he has.