A special prosecutor has filed an
official grievance with the State Bar against a former prosecutor for his
wrongful conduct during a case years ago that sent an innocent man to death row
for over a decade.
“Prosecutors are supposed
to be guardians of justice in the search for truth in every single case,”
Harris County District Attorney Kim Ogg said Tuesday. “We believe he violated
that sacred oath.”
Ogg appointed John Raley to
independently review the case of Alfred Dewayne Brown, who was freed from
prison in 2015 after the state’s highest criminal court ruled the government
violated his rights by failing to disclose specific telephone records
supporting Brown’s alibi.
Following a ten-month-long review, Raley’s 179-page
report detailed the evidence that Brown met the legal standard for actual
innocence. His findings were presented to the district attorney.
In addition to his findings about Brown,
Raley recently filed a grievance with the State Bar of Texas against Brown’s
former prosecutor, Dan Rizzo. “If our justice system is to work
properly, the State Bar of Texas must hold prosecutors who hide evidence of
innocence accountable for their conduct,” Raley said in a June 4th letter to
the State Bar’s Office of the Chief Disciplinary Counsel.
Brown was convicted in the death of Houston
Police Officer Charles Clark during a robbery in 2003. Two other
persons were convicted in the double homicide case and remain in prison.
Raley’s findings were adopted by Ogg and presented to the presiding judge, who
signed an order declaring Brown actually innocent.
Raley is recognized nationally by prosecutors
and defense lawyers for his work in actual innocence cases.
His seven-year fight to free Michael Morton
led to the Act bearing Morton’s name, which requires prosecutors to share their
complete investigation with defense lawyers.