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Exonerations

Max Soffar
Factual investigation by the Innocence Project and the Texas Innocence Network also led to a decision by the Fifth Circuit granting a new trial to Death Row inmate Max Soffar, convicted of a 1980 triple slaying at the Fair Lanes Bowling Alley in Houston. However, Soffar was convicted again, after the trial judge refused to admit into evidence facts that pointed to someone else as the killer. TIN is representing Soffar in his appeal.

James Byrd
A student investigative team led by Cathy Helenhouse investigated a case involving James Byrd, who was convicted of a robbery he insisted he did not commit. The team secured a videotaped confession from the actual robber - a confession that entirely exonerates Mr. Byrd. Both Mr. Byrd and the confessor have since passed polygraph examinations. Mr. Byrd was subsequently represented, on a pro bono basis, by Dallas lawyer Jeff Kearney. The student team assisted Mr. Kearney and his associates in preparing a clemency petition for Mr. Byrd. Mr. Byrd was released from prison on December 23, 2002 after receiving a commutation of sentence.

Josiah Sutton
On Wednesday March 5, 2003, Josiah Sutton was released on bail pending the resolution of his habeas petition alleging actual innocence as well as his clemency petition requesting a full pardon based on innocence. Sutton had served five years of a 35-year sentence for aggravated sexual assault. His conviction rested on testimony concerning DNA evidence; the testing was done by the Houston Police Department crime lab, and the witness who testified concerning the evidence was a scientist in that lab. Additional testing performed at the request of Sutton’s counsel demonstrated that Sutton is innocent; the DNA evidence positively excludes him as a participant in the crime. The Innocence Network is representing Sutton and seeking to have his wrongful conviction set aside, either through the State’s executive clemency process, or through habeas corpus litigation. Sutton finally received a pardon based on actual innocence in May 2004.

Bud Sawyer
Bud Sawyer, Jr, was convicted in 1993 Harris County for a shooting he claims was self-defense. New evidence supports this claim. A judge recommended Mr. Sawyer be given relief on this evidence. However, Mr. Sawyer’s habeas petition was barred due to a procedural error. Mr. Sawyer will now be seeking clemency through the State Board of Pardon’s and Parole with which the Texas Innocence Network is representing him

Jay Van Story
Mr. Van Story was convicted in Lubbock in 1987 of Aggravated Sexual Assault. TIN investigators were able to get an affidavit from the alleged victim and establish proof of Mr. Van Story’s innocence. TIN submitted a clemency petition on his behalf that was ultimately denied by the Board of Pardon’s and Parole. Mr. Van Story has since hired a private attorney to help withhis release.

Billy Frederick Allen
Mr. Allen was convicted in 1983 for a murder in which mistaken identity played a part. Investigators located a dying declaration of the victim in which the perpetrator was named as Billy Wayne Allen. The Court of Criminal Appeals has remanded the case back to Dallas County for retrial based on this evidence. The Texas Innocence Network and University of St. Thomas students were instrumental in locating the evidence and filing the Habeas petition.

 

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