Clarence Lee Brandley, whose release from Texas' death row in 1990 helped pave the way for a special fund to compensate victims of wrongful conviction, has been denied payment from the fund.

Brandley was notified last week by the comptroller's office that his claim for nine years of improper incarceration was made too late and lacked either a pardon based on innocence or a court ruling declaring him innocent.

Brandley, 59, was convicted of capital murder in the death of Cheryl Ferguson, a 16-year-old killed during a 1980 volleyball tournament at Conroe High School, where Brandley was employed as a custodian. His conviction quickly became a cause celebre as his supporters claim he was singled out as a suspect only because he was black.

Charges dropped

An appeals court all but agreed years later, saying his trial lacked even "the rudiments of fairness," and ordered a new trial.

Montgomery County prosecutors eventually were forced to drop charges against him, while insisting he was guilty.

"Don't tell an innocent man about a statute of limitations," said his brother, Ozell Brandley, at a Wednesday news conference called to announce the beginning of a public campaign on Clarence Brandley's behalf. "Morally there is no statute of limitations on doing what is right. They have never done what is right for him."

Pressuring legislators

Referring to a bill passed this week on behalf of Anthony Graves — rejected for compensation because of technicality after spending 18 years on death row for a crime in which he was not involved — Ozell Brandley urged state legislators to make the same effort for Clarence.

"We went to court in 1990 and tried to get $120 million for Clarence," his brother said. "They said the state was immune. We thought that was the end of it."

Clarence Brandley, who has worked sporadically since being released and supports himself with odd jobs, said he was prepared to go back to court or lobby the Legislature to get a small measure of what he believes he is owed.

"We're going to do what we have to do," he said.

R.J. DeSilva, a spokesman for the comptroller's office, said the agency's hands were tied, regardless of the merits of Brandley's claim. He said officials with the office hope to work with legislators to study modifying the law so that bona fide claims can more easily be paid.

mike.tolson@chron.com