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| Md. Man Released from Prison Won't Face Murder Charges |
| By Associated Press |
| Published: 01/07/2002 |
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Prosecutors said Thursday they will not retry a man whose murder conviction was thrown out after he spent 27 years in prison. Michael Austin, 53, was released from prison Dec. 28 - a day after a judge found his trial was error-ridden and overturned his conviction. On Thursday, State's Attorney Patricia Jessamy said in a terse statement she had reviewed the judge's decision and would not appeal. She didn't elaborate. 'It's difficult for me to process all of this,'' Austin said, after a tour of his hometown of Baltimore. 'I still don't feel that I'm out. I'll probably just be driving down the street someday and burst out crying.'' Austin was convicted in the 1974 shooting death of Roy Kellam, a security guard at a grocery store. His arrest was based on a mug-shot identification by a store clerk who told detectives the shooter was a light-skinned black man about 5-foot-8. Austin is 6-foot-5 and dark-skinned. Centurion Ministries, a group that seeks exoneration for those wrongly convicted, found prosecutors failed to tell the jury that the man presented to them as Austin's accomplice was freed after police admitted they had the wrong man. |
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