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| DNA Tests Free Imprisoned Okla. Man |
| By Associated Press |
| Published: 11/01/2001 |
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A man whose murder conviction was thrown into question by DNA tests walked free Tuesday after spending nearly two decades in prison. Albert Wesley Brown, 39, remains a suspect in the 1981 slaying of a retired firefighter who was bound, gagged and drowned in a lake. But a judge agreed to his release while prosecutors decide whether to retry him. After shedding his orange prison jumpsuit for a T-shirt and jeans, Brown stood outside the Wagoner County courthouse and read haltingly from a statement. 'I've been in prison 20 years for a crime I didn't commit,' Brown said. He thanked his attorneys, prosecutors, the judge and the state DNA program, meant to put older cases through today's more sophisticated tests. Prosecutors had agreed to Brown's release earlier this month after DNA testing showed hair evidence used to convict him in 1983 wasn't a match. But his release was delayed two weeks after prosecutors learned of 44 prison infractions, including allegations he conspired with others in the stabbing of another inmate. Even in releasing Brown, Judge Bruce Sewell expressed reservations, noting that Brown remained charged with murder and had problems controlling his anger. Brown's release on his own recognizance came with conditions that he attend anger management courses, Narcotics Anonymous meetings, get a job and meet routinely with the judge. Prosecutors have 5 1/2 months to decide if there is enough evidence to retry Brown in the death of Earl Taylor. Investigators believe Taylor was killed after interrupting a burglary at his home. District Attorney Dianne Barker Harrold said prosecutors suspect two people were involved in Taylor's death and plan to look for a second suspect. The new evidence in the case was not enough to eliminate Brown as a suspect, she said. 'This does not render him innocent,' she said. 'It renders him available for a new trial.' During Brown's trial, prosecutors contended that hair found on a gag in Taylor's mouth was linked to Brown. But the new DNA analysis found the hair was not Brown's. An investigator had also testified that four hairs found in the trunk of a car driven by Brown were the victim's. The new DNA analysis also found that to be false. Sewell said Brown likely would have been held over for trial even without the disputed evidence. But the judge said he couldn't speak to the jury's decision absent that evidence. As he left the courthouse, Brown stressed the importance of the DNA testing program, saying it was likely there were innocent people in prison. 'Please don't forget the rest,' he said. |
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