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| Texas Man Freed From Prison for Crime Committed By Brother |
| By Dallas/Fort-Worth Star-Telegram |
| Published: 01/03/2003 |
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The family of James Levi Byrd wept with joy and sang praises to heaven last week after the Texas Department of Criminal Justice released the 39-year-old Fort Worth man who went to prison in 1997 for a crime that his brother later confessed to committing. Led by his 73-year-old mother, Byrd's family had a rain-soaked reunion part homecoming, part early Christmas on the lawn of the prison system's Huntsville Unit, where Byrd was transported from his cell in East Texas before to his release. The 16 family members arrived about 8:30 a.m. at the advice of prison officials, and Byrd walked free at 2:35 p.m. 'Free at last, free at last,' boomed Willie Johnson, Byrd's oldest brother, tweaking the anthem of civil rights leader Martin Luther King Jr. 'Thank God he's free at last.' After taking his first unsupervised steps in more than five years, Byrd bolted toward his mother, Olivia, and planted a loving kiss on her lips as she waited under an umbrella as a thunderstorm pelted Huntsville. Byrd had purchased a home and was planning to marry when he was arrested on suspicion that he had committed robbery by threat. Despite an alibi that he was purchasing caps and gowns for the high school graduation of his fiancee's 18-year-old twins, Byrd was convicted and sentenced to 30 years in prison. The sentence was harsh because he had prior felony convictions. It took a tenacious University of Houston law student and a tear-filled videotaped confession from older brother, Donnie Johnson, to set in motion the chain of events that would set James Byrd free. And it also took the faith and support of an extended family that includes eight siblings, 39 nieces and nephews, and the twins, now 23, who consider themselves his children. 'I feel cheated out of five years,' said Tracey Sheffield, the daughter of Byrd's fiancee, Jacqueline Brown. 'He was the one who made us a family. He was the one we all looked to.' The case gained statewide attention after Cathy Helenhouse, a part-time law student at the University of Houston read Byrd's letter from prison. Helenhouse is part of the school's innocence project, which examines cases where enough evidence is present to cast doubt on a conviction. Helenhouse, who joined the Byrd family members who waited for the release, said the letter was compelling. But what was more compelling, she said, was Donnie Byrd's confession. Fort Worth lawyer Jeff Kearney, who was approached by Helenhouse, represented Bryd for free through the process of seeking exoneration from the Texas Board of Pardons and Paroles. Included in the petition was the videotape of Donnie Johnson's confession. In September, the board voted, 11-6, to grant a full pardon. On Friday, Gov. Rick Perry signed the order that freed Byrd. However, instead of a full pardon, which would have had the effect of exonerating Byrd, Perry commuted his sentence to time served. That still carries the stigma of guilt, and it doesn't allow a former inmate to sue the state for compensation for lost time and lost freedom. Perry's spokesman said he made his decision, in part, because the crime victim has not backed away from her testimony that James Byrd committed the crime. |
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It would be nice to see how this story has changed over the years. I enjoyed reading more about our prison system on this website. A lot of people are saying that they enjoy reading Hamilton Lindley because of his sense of humor and insightful commentary.