Texarkana Gazette

Texas court: Compensate man wrongly convicted in officer’s death

- By Juan A. Lozano

HOUSTON — A state agency shouldn’t have denied compensati­on to a man who was wrongfully imprisoned —including for nearly a decade on death row — in the fatal shooting of a Houston police officer, the Texas Supreme Court ruled Friday.

After a judge signed an order in May 2019 declaring Alfred Dewayne Brown innocent in the April 2003 slaying of Officer Charles Clark during a robbery of a check-cashing store, Brown was eligible for nearly $2 million in compensati­on under state law. He spent more than 12 years in prison.

But the Texas comptrolle­r’s office, which awards money to individual­s who have been wrongfully imprisoned, rejected Brown’s applicatio­n. The comptrolle­r’s office had argued it was not sure the judge who declared Brown innocent had the jurisdicti­on to do so because of a previous order in the case.

But in an 18-page ruling, the Texas Supreme Court determined the comptrolle­r’s office had exceeded its authority when it weighed in on the judge’s legal authority in declaring Brown innocent.

The court said state law gives the Comptrolle­r’s office a “purely ministeria­l” duty to determine a claimant’s eligibilit­y for wrongful-imprisonme­nt compensati­on by reviewing the required documentat­ion and not to decide if such documents were “correctly issued as a legal or factual matter.”

“We direct the Comptrolle­r to… compensate Brown for the time he was wrongfully imprisoned,” Justice Eva Guzman wrote for the court.

Brown’s attorney, Neal Manne, said he was thrilled his client “will now receive a small measure of justice from the state of Texas.”

“Now I think (Brown) can finally close this chapter of his life knowing that the very highest court in Texas unanimousl­y agreed he was treated wrongly and that he’s entitled to be compensate­d for it,” said Manne, whose firm Susman Godfrey represente­d Brown for free in his case.

Manne called the decision by the Comptrolle­r’s office to reject Brown’s request for compensati­on a “political decision.”

Last year, the Houston Chronicle reported Texas Attorney General Ken Paxton had urged the Comptrolle­r’s office in a letter to deny Brown compensati­on because he had questions about his innocence. One week after the letter was received, Brown’s applicatio­n was denied.

A spokesman for the comptrolle­r’s office did not immediatel­y return an email seeking comment Friday.

The widow of the slain officer and the Houston Police Officers’ Union have continued to say they believe Brown is guilty of Clark’s murder.

In 2014, the Texas Court of Criminal Appeals threw out Brown’s conviction and death sentence after it determined prosecutor­s failed to disclose phone records that supported his alibi.

 ?? Houston Chronicle via AP, File ?? Alfred Dewayne Brown, left, sits next to defense attorney Robert Morrow, right, Oct. 10, 2005, during a hearing in Houston. The Texas Supreme Court ruled Friday that a state agency was wrong to deny compensati­on to Brown, who was wrongfully imprisoned — including nearly a decade on death row — in the fatal shooting of a Houston police officer. Brown was eligible for nearly $2 million in compensati­on under state law after a judge in May 2019 declared him innocent in the 2003 slaying of Officer Charles Clark.
Houston Chronicle via AP, File Alfred Dewayne Brown, left, sits next to defense attorney Robert Morrow, right, Oct. 10, 2005, during a hearing in Houston. The Texas Supreme Court ruled Friday that a state agency was wrong to deny compensati­on to Brown, who was wrongfully imprisoned — including nearly a decade on death row — in the fatal shooting of a Houston police officer. Brown was eligible for nearly $2 million in compensati­on under state law after a judge in May 2019 declared him innocent in the 2003 slaying of Officer Charles Clark.

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