Man sent to death row in officer's killing is freed

Alfred Brown reaches out to hug Houston Chronicle columnist Lisa Falkenberg, whose coverage of the case helped her win a Pulitzer Prize, after his release from the Harris County Jail on Monday in Houston. Alfred Brown reaches out to hug Houston Chronicle columnist Lisa Falkenberg, whose coverage of the case helped her win a Pulitzer Prize, after his release from the Harris County Jail on Monday in Houston. Photo: Karen Warren, Houston Chronicle Photo: Karen Warren, Houston Chronicle Image 1 of / 36 Caption Close Man sent to death row in officer's killing is freed 1 / 36 Back to Gallery

Alfred Dewayne Brown had spent more than a dozen years behind bars, many of them sitting on death row, so he had learned to bide his time.

The latest two were spent in jail in Harris County, after the District Attorney's Office agreed that he deserved a new trial in the death of a Houston police officer because evidence that could have helped his defense was withheld. He was still waiting eight months ago, when the highest court in Texas threw out that capital murder conviction.

On Monday, the day he was awaiting, but didn't think was certain, arrived. The day he was declared a free man.

District Attorney Devon Anderson said she was dismissing the case, that she didn't have enough evidence for a new trial, despite protestations from police officials that they had the right man.

"We re-interviewed all the witnesses. We looked at all the evidence and we're coming up short," Anderson told reporters. "We cannot prove this case beyond a reasonable doubt, therefore the law demands that I dismiss this case and release Mr. Brown."

RELATED: Read Lisa Falkenberg's Pulitzer Prize-winning columns on the case

Brown's older sister, Connie Brown, who was among family waiting outside the jail Monday night, said she was on the computer at work when she got the news charges had been dropped.

"I was excited, crying, overwhelmed," she said. "What else can I say? God is good."

Seconds later, as Brown emerged in a neon green polo shirt and bright orange sneakers that looked a few sizes too tight, she let out a moan, ran to his arms and cried.

"It feels really good. It was a long wait but it was worth the wait," Brown said, tightly holding onto his sister's hand.

He compared a life in prison to being in a dog kennel. Hardest to bear was being unable to embrace his family, including his daughter who will turn 15 in July.

"You can't reach out and touch someone. You walk around with handcuffs all the time," Brown said.

Brown said he holds no bitterness for the conviction that sent him to death row.

Alfred Brown out jail pic.twitter.com/iEk4p4sNFW — Larry Seward (@LSewardKHOU) June 9, 2015

"They law, they did what they felt like was right, even though it was wrong," he said.

Brown understands that some in law enforcement still believe he was responsible for the death of Officer Clark. But, he still maintains he had nothing to do with the murders.

"I went there as an innocent man and I came out as an innocent man," Brown said.

Brown was sent to death row in 2005 for the robbery of a check-cashing business on the southeast side that ended with the fatal shooting of veteran officer Charles R. Clark and store clerk Alfredia Jones on the morning of April 5, 2003.

The Court of Criminal Appeals in November threw out the conviction and death sentence after ruling that his defense team was not given evidence that could have supported his alibi at trial.

That evidence was a copy of a telephone record, found by an investigator who was part of the case.

Brown said he had spent the day alone at his girlfriend's house. Brown's attorney told jurors that he called his girlfriend from her house after seeing television reports of the shooting, but jurors did not see any business record of the call from the land line.

When the phone document was discovered in 2013, the district attorney's office said it had been inadvertently misplaced and sent it to defense lawyers for Brown.

The DA's office later agreed that it was should have been handed over before trial and agreed that Brown deserved a new trial.

In planning for the retrial, Anderson said Monday, prosecutors decided there was no longer enough evidence to secure a conviction.

Because the case reverts back to an open investigation, Anderson would not answer other questions about the evidence or whether she believes Brown committed the crime.

Anderson did say there is "insufficient evidence to corroborate the testimony of Brown's co-defendant."

"When new evidence is discovered, this office will review it and proceed accordingly," she said. "There is no statute of limitations for capital murder."

Houston Police Chief Charles McClelland and Joseph Gamaldi, vice president of the Houston Police Officers Union, stood with Anderson as she announced to reporters that charges were dismissed, effectively clearing Brown. They both said they still believe he committed the crime.

"I'm convinced that this is the person that we need to focus on," McClelland said. "I haven't seen any evidence that proves or convinces me that this individual is not guilty."

Man originally convicted of killing #hpd officer now a free man. pic.twitter.com/7H6PA5hnTm — Robert Arnold (@kprcrobert) June 9, 2015

Gamaldi was even blunter.

"Let us be clear: we believed we had the right man at that time, and we believe we have the right man now," Gamaldi said. "That's what the witness statements bared out during the original trial and that's what we'll stick by."

The two also said that having a conviction overturned does not mean a suspect did not commit the crime.

"For those of you who are saying he has been wrongfully convicted: you're wrong," Gamaldi said. "He wasn't wrongfully convicted. He's just been granted a new trial. There's a big difference."

Anderson said "wrongful conviction" is a term of art that she is not comfortable using, while McClelland rejected the idea that Brown was not involved in the 2003 shooting.

"I caution you in how you describe 'not going forward with the case' or refiling the case and equating that with someone being 'innocent.'" McClelland said. "I will concede he is 'Constitutionally innocent' until proven guilty."

Other lawyers who worked on Brown's appeal said it was the right decision.

"I believed he was innocent the moment I met him, and there's finally justice," said Brian Stolarz, 41, an attorney who handled Brown's case for about five years at the Philadelphia-based firm K&L Gates. "I'm glad justice was finally done. I'm glad it wasn't too late."

Over the years, the lawyer developed a friendship with Brown, whom he says he loves "like a member of my own family."

"After the birth of my kids, this is the greatest day of my life," said Stolarz. "I feel like it was my own personal, professional and even religious duty to get him out."

Brown's conviction relied on testimony from another man who said he was one of three people who robbed the check cashing store and the only one who did not fire a gun.

Dashan Vadell Glaspie was given a 30-year sentence in a plea deal that required he testified against Brown and Elijah Dwayne Joubert.

Joubert was also sent to death row after being convicted of capital murder.

Both men have been transferred to the Harris County jail where they would have been available to talk to investigators and prosecutors tasked with retrying the case.

Monday's decision does mean Brown will be listed as "exonerated" by Maurice Possley, a senior researcher at the National Registry of Exonerations.

"He fits our criteria," Possley said.

He said the requirements for exoneration are that a conviction goes away, either because the charges are dismissed or an acquittal at a retrial, and there's evidence that was not available at the first trial that is favorable to the defendant.

Katherine Scardino, Brown's attorney, said she does not know whether her client would have a compensable claim under the state's wrongful conviction laws.

She also said she was not surprised that police continue to suspect Brown, a soft-spoken man she called a "sensitive and gentle soul."

"I guess they are cops and they don't want to say they got the wrong person," she said. "It's been my experience that when police officers think they got their man, they don't like changing their minds."

Chronicle reporters Lisa Falkenberg, Mike Glenn and Mike Tolson contributed to this report.