The trio recanted their confessions soon after they were sentenced to 20 years in prison on sexually assault charges.

Long and Pitts both served their full 20-year terms, while Shelton served 17 years before his release.

All three testified at the July hearing, which the Texas Court of Criminal Appeals ordered on the four defendants’ claims that they are innocent and that DNA evidence excludes all four in the sexual assault.

David Sheppard, an Austin attorney who represents Kussmaul on his writ application, said he had not seen the judge’s order but is pleased with his decision.

“That is very good. I think that is the correct ruling,” Sheppard said. “The evidence just seemed overwhelming, with the DNA evidence having excluded these men from any contact whatsoever with these people.”

State payments

If the Court of Criminal Appeals grants the relief sought by the four and their claims of actual innocence are upheld, they stand to become instant millionaires.

Texas pays its exonerated prisoners $80,000 a year for every year served in prison, meaning Kussmaul could collect more than $1.7 million.