The case of Alfred Dewayne Brown

At about 9:30 a.m. on Thursday, April 3, 2003, three men attempted to rob the ACE America’s Cash Express check-cashing store located at 5700 South Loop E, Houston TX 77033. The robbery did not go as planned. Alfredia Jones, the clerk who opened the store that morning, was held at gunpoint and commanded to open the store’s safe. Jones did input the code to open the safe at 9:40 a.m., but the safe had a 10-minute delay before it could be opened. During this time, she was allowed to make a phone call to ACE headquarters at 9:42 a.m., purportedly to “check in,” in which she made a covert distress call, telling the other person on the line that she was “entering center 24,” code for a stick-up in progress. At 9:44 a.m., Houston Police Officer Charles Clark, who at the time was en route to have a disabled vehicle towed, responded to the call. He was being followed by the tow truck driver, James Wheat, who was to tow the disabled vehicle. At 9:45 a.m., Officer Clark peeked into the store and saw that the suspects were armed. He called into dispatch for backup. He was shot in the shoulder. He shot one round from his weapon, which jammed. His killer then charged him and shot him at close range in the head, and Officer Clark died at the scene with his right leg holding the front door open. When Alfredia Jones’s killer realized she had tipped off the police, he shot her at close range in the head. The three men fled the scene in an old white Pontiac Grand Am. James Wheat used Officer Clark’s radio to report to police dispatch that an officer was down.

Crime Scene: Ace America’s Cash Express

Crime Victims Charles Clark and Alfredia Jones

Homicide Investigation

Wheat remained at the scene and told the police what he saw. The police put it out in the news that they were looking for three black males driving a white Pontiac Grand Am. Upon seeing the news reports, three witnesses came forward to tell police that, earlier that morning, they had seen three individuals known to them in the Grand Am handling a weapon. One of the witnesses, a resident of the notorious housing project called Villa Americana, also reported that she had heard third-hand that DaShan Glaspie and Elijah Joubert were involved in the botched robbery.

Wheat’s identification of the white Pontiac Grand Am with three black male occupants led to Latisha Price and the Hubbard sisters’ identification of Dashan Glaspie and Elijah Joubert as two of the three suspects, and the identification of George Powell as a man with information, which informed the rest of the investigation.

Raley Report [3/1/2019].

Villa Americana Apartment Complex

The Villa Americana is a 100% subsidized 258-unit Federal housing project located at 5901 Selinsky Rd in the South Park/Crestmont Village area of Houston. It is also known as “the VA”, “the Dead End”, “Dead End, South Park”, and its residents are sometimes called “Vicious Animals.” Shootings are common; drugs and guns are ubiquitous.

Mayra Moreno (ABC 13 reporter): Normally when I cover a shooting situation like this, people that I talk to in a neighborhood are in shock, but in this area it is different. Folks say something like this [13-year-old killed, 2 other teens wounded in shooting] is actually very common in the area. […] Police say three gunmen fired more than 50 bullets. Three teens were hit. The 13-year-old was shot in the head, but two others–14 and 17 years old–are expected to be OK. […] They tell me this type of violence happens all the time here.
Moreno: On a scale of 1 to 10, how dangerous would you say the complex is out here?
Alicia Reed (VA resident): A “7.”
Moreno: Explain that to me.
Reed: ‘Cause it’s always– You always hear gunshots, and you know there’s a lot of different activities that go on over here.

ABC 13 [12/29/2017]. “13-year-old killed, 2 other teens wounded in southeast Houston shooting.” Video, 2 min 14 sec.


NameFirst StatementSummary
Wheat, James2003-04-03 0946Wheat told 911 dispatchers that he saw three black men flee the crime scene in a white four-door Pontiac Grand Am. Wheat was following Officer Charles Clark to pick up a disabled vehicle when they got the call that there was a robbery in progress. The call wasn't for Officer Clark, but he volunteered to take it because he was in the vicinity. They re-directed their route to that location.
Wheat followed Officer Clark to the scene a few car lengths behind, and parked on the west side of the parking lot. He saw a white Pontiac Grand Am and a red car (belonging to Alfredia Jones) in the parking lot near the check cashing place. Officer Clark got out of his vehicle and went up to the building and peeked in. Officer Clark said "Step it up, they have guns" on the dispatch.
Wheat was distracted for a second and didn't hear or see the gunshots. Then he saw three black men leaving the ACE location. They came out bent over, running, one after the other. They all got into the white Grand Am, which pulled out and left. He went up to the store and saw Officer Clark on the ground, and used Clark’s radio to call in that an officer was down. He then went into the store and saw a woman in a puddle of blood. He was asked during trial to listen to his 911 call, and recalls that he saw one tall man and two shorter men, and that the tall man ran out first.
Jernigan, Leslie Lee2003-04-03 0950 [911 call] / 1120 [Witness statement]"Earlier today I witnessed an officer shot on the South Loop. I was driving the glass truck [profession is "glazier"/glass-setter] this morning east bound on the South Loop. I had just crossed over 288 and was headed for I45. It was between 0930 and 1000 hours. I was driving in the far right lane, doing between 45 and 55 m.p.h. The passenger window of the truck was rolled all the way down. As I was directly in front of the check-cashing place to my right along the service road I heard two quick shots. I recognized them as gunshots. I immediately turned and looked over my right should. I observed a police officer lying on the sidewalk against the building just to the right of the front door to the check cashing business. He was lying on his back. His head was pointed to the West. I also observed a black male, with what appeared to be a handgun in his right hand, step over the officer. The black male was walking from East to West. It appeared he had come from the front door, stepped over the officer and continued on down the sidewalk Westbound in front of the business. At this time I crested the overpass and lost sight of the business. I called 911 from my cell and continued on until I was able to exit and come back from around to the scene. When I returned I observed the officer still lying on the sidewalk in front of the business and several other police cars in the lot. The ambulance had not arrived. I observed only one person in the parking lot other than the downed officer. That person was a black male. he appeared to be young, maybe late teens to twenties. He was between 5'8'' and 6'1'' with a thin build. [...] I saw the black male for only a few seconds. I am unsure that I could identify him again."
Hubbard, Alisha Renee ("Miss Lisa")2003-04-03 1430 [Trial testimony]On the morning of the crime, saw Glaspie, Joubert, and Ernest "Deuce" Matthews by a White Grand Am at the VA. “Shon” Glaspie was holding his .45 pistol. She saw Joubert and Matthews get in a Grand Am and drive away, then she saw Glaspie get in a white Lumina and follow them. Called Sargent Denning to report that she knew the shooters in the incident, and that she has one of the suspect’s telephone number. Stated that the suspects are “Ju-Ju” “Ghetto” “Lil Red” and “Deuce.” The driver was “Deuce.” Later that morning, at about 11:15a.m., Hubbard talked to George “Ju-Ju” Powell, who told her that Glaspie, Joubert, and Matthews robbed a check cashing place and that a police officer had been killed. Powell said that he talked to all three of them around 8:00 a.m. that morning. Sister of LaTonya Hubbard. Trial testimony.
Hubbard, LaTonya2003-04-03 1536 [Witness statement]Sister of Alisha Hubbard. Said that around 7:45 a.m. she and Latisha Price were driving to take their kids to school. They stopped at a gas station at the corner of Almeda-Genoa and Telephone Road. There she saw three men she knew personally: Dashan “Shon” Glaspie, Elijah “Ghetto” Joubert and Ernest “Deuce” Matthews. She stated that she knew all three from the Villa Americana, they hung out there together and sold dope. Joubert and Matthews were pacing outside the store while Glaspie was coming out of the store. She stated that the gas station was near a check cashing place. The men were standing near a white Pontiac Grand Am with a hubcap missing. She stated that Glaspie was 6’3” (he is reportedly 6’5”) and skinny; Joubert was 5’7” (he is 5’11”) and muscular; Matthews was a little older, 5’9”, skinny build, with a jacket with a stripe on the side [Note: This matches the visual description of one tall man and two shorter men made by Vanan Saukam and James Wheat. Alfred Dewayne Brown is 6’2.”] She said she saw the crime on the TV news, and called the police. She stated that “I am sure they done this and I can identify all three of them if I see them again.”
Price, Latisha2003-04-03 1547 [Witness statement]The morning of the crime, April 3, 2003, sometime around 7:30 a.m. she was with LaTonya Hubbard at the corner of Almeda-Genoa and Telephone Road, getting gas at the station next to a check cashing store. She went into the store to pay for gas and saw Dashan “Shon” Glaspie walking out of the store. She saw Elijah “Ghetto” Joubert inside of the store. She asked Joubert "Don’t you belong in the Dead End?" (“Dead End” is slang for the VA). He told her that he wasn't from here, he was from California. She walked back to the pumps and saw Joubert pacing in front of the store. Glaspie was standing by the driver's side of the Grand Am. She thinks the hubcaps were missing on the driver’s side of the car. She saw a third black male get out of the car and talk with the other two. He was about 6 feet tall and 170 pounds. Drove with LaTonya Hubbard to the ACE crime scene to make a statement, but it was very chaotic there and they left. Then they went to Lisa Hubbard's place at the Villa Americana. They then went to the police station.
Powell, George Morgan ("Ju-Ju")2003-04-04 0120 [per Raley report]Raley Report: Powell "was pulled, drunk and high, out of his bedroom in the middle of the night by the police on old domestic abuse charges. After hours of interrogation he named Brown as the third person to exit the car that Dashan Glaspie and Joubert used to escape the crime scene." Said he was returning from a store after buying cigarettes, and saw Dashan “Shon” Glaspie and Elijah “Ghetto” Joubert standing in the parking lot. He talked to them for a minute, and then Glaspie and Joubert moved away to talk privately. At about 8:30 a.m., Alfred Dewayne “Doby” Brown came out of an apartment. Brown, Glaspie, and Joubert got into a car and left. About 30 minutes later they came back fast. Joubert and Glaspie were in the front seats, and Brown was in the back. Glaspie handed Powell a sweater which he gave to Donta “DJ” Fontenette, Ernest “Deuce” Matthews's younger brother who lives with Shekia “Nicki” Colar in apartment #253 [also called "The Dope House"]. Glaspie gave Powell a .45ACP handgun with a laser beam to hide in Rayfael “Noonie” Viverette's apartment, #157. About “a minute” later, Glaspie's girlfriend picked him up in a white Lumina, Joubert's girlfriend picked him up in a blue Ford Explorer, and Brown left in Glaspie's white Pontiac Grand Am. They all left the VA quickly. Powell said he knows all three men, and described them. At the end of the interview he added "Doby isn't fat he's just real muscular." [2003-04-05 1120 witness statement]
Colar, Lamarcus Ray2003-04-04 0215 [per Raley Report] [Witness statement at 1314] [2008 affidavit recanting ID]Brother of Shekia “Nikki” Colar. Said Joubert was close to Shekia, with whom he lived in apartment #253 (a/k/a "The Dope House") in the Villa Americana. Said that he came home from school on April 3 (he did not state the time), went to the bathroom, and came out to see Elijah “Ghetto” Joubert and Dashan “Shon” Glaspie in his kitchen. (Someone else in the apartment let them in). Glaspie was on his cell phone, saying: "Bitch got out of line I had to shoot her." Glaspie owned a .45ACP handgun (the type that killed Alfredia Jones). Colar said: "There was a third dude, some little fat shit I don’t know his name Doby or some shit like that." He said that the third man was a “little dude” who always hangs around Glaspie, and he thought he was about 19. He said that he didn’t know him. Colar heard that Glaspie gave George “Ju-Ju” Powell his gun. Colar recalled that Joubert said "Hey man we have to leave," and Glaspie responded "Okay I got everything set up lets go." Colar said that the third man came to the door to make sure he didn't leave anything, and Joubert came back later to get his clothing. Said later that day George “Ju-Ju” Powell told him that he had hidden the clothing (used in the crime) and put Glaspie's gun in Rayfael “Noonie” Viverette’s house. Colar heard around the neighborhood and from “Officer Ramsey” that Glaspie had shot the woman and Joubert had shot the police officer. Colar didn’t know Brown very well. He thought he was young and didn’t say much. If he had to choose he'd say Joubert planned the robbery.
Glaspie, DaShan Vadell ("Shawn" | "P" | "P-Real")

(arrest record)
2003-04-04 0815 [testimony at Motion for New Trial hearing]State's accomplice witness. Agreed to testify against Joubert and Brown and plead guilty to aggravated robbery in exchange for a 30-year sentence. Confronted by police “with the fact that he was seen at the apartments with Ghetto and Doby,” initially denied being involved at all, then slowly started acknowledging his role in the crime. He told various stories, then agreed with investigators that he was seen at the gas station with Elijah Joubert and Alfred Dewayne Brown. Eventually agreed to a version of events similar to his testimony at Brown’s trial. Didn’t volunteer the name “Doby” - he was provided the name by the investigator. [Note: He was told repeatedly that there were three people involved, and was given the names of two other people. Eventually, those are the two people that he named.] The police told him that they know that he killed Alfredia Jones, since it was his gun and the bullet’s angle of entry was too high for Joubert to have done it. He responded that he thinks that Joubert’s gun “went off” and killed Alfredia Jones, but can’t say he saw it.
Joubert, Elijah Dwayne ("Ghetto" | "Ghetto-T")

(arrest record)
2003-04-04 1430 [Audio transcript] [2008 affidavit recanting ID]Began police interview open and talkative. Admitted to being a robber and hearing about the crime and Dashan Glaspie and Dewayne Brown’s involvement. Said that he had heard these things on the street. Admitted having cased out the first check cashing place (Leo Foisner’s). Denied being involved in the second check cashing place (ACE) and denied killing anyone: “I didn’t off anybody, not the lawman or that lady.” Investigators allowed him to listen to a portion of Glaspie’s recorded confession and he broke down and admitted his involvement in the robbery. Joubert said that he led “the woman” (Alfredia Jones) into the store by pretending to have a gun. He heard her give the code 24 to sound the alarm. Brown saw the police officer first and was on top of him shooting him. Later, around 1:00 p.m., Glaspie tried to calm him down over the phone by saying that the police were looking for a car with no hubcaps (the car they drove had hubcaps).

2011 statement to ADA Inger Hampton (most plausible and detailed of multiple): Joubert recalled his interview with Brown’s attorneys which resulted in his affidavit concerning Brown’s non-involvement: “I’m like, yeah, they know. He’s figuring it out... So he asked me, would I be willing to write an affidavit to him and tell what really happened.” Joubert expressed his annoyance with Brown’s counsel, because he did not want his name associated with pointing the finger at anyone. “I’m just trying to - something that didn’t happen and get ready to - not saying that I want to - the actual culprit to suffer, but why should this man (Brown) suffer.”
Joubert stated that the night before the murder, Wednesday, April 2, 2003, he was gambling at Shekia “Nikki” Colar’s apartment. He was there with Dashan Glaspie, Aaron “AB” Brown, Jero “JD” Dorty, and Ernest “Deuce” Matthews. Joubert was getting high on codeine. Glaspie pulled him outside and told him that “the robbery is on.” They wanted to “pull it early,” so it didn’t make sense for Joubert to go all the way back to his girlfriend’s place. He slept at Aaron “AB” Brown’s and Kishone Jefferson’s place. Glaspie called him early in the morning, around 5:30 a.m. and told him “it’s about to go down.” He talked to AB Brown that morning as he woke up.
Glaspie and Jero Dorty picked him up. They drove around, from approximately 6:30 a.m. to 6:45 a.m., and went to a gas station to get breakfast. They saw some girls that seemed to know them. Joubert pretended not to know them. Glaspie pointed out that there was a check cashing place next door, and suggested they try to rob it. Joubert and Dorty walked over to it, but the man who was opening the store saw them, so they turned around and went back to the car. They went back to the VA and hung out until it was time to rob the second place (ACE).
They drove to ACE, and Glaspie and Dorty went into the furniture store. When they walked out of the store a woman in a red car pulled up to the check cashing place. Glaspie and Dorty walked the woman into the store while Joubert stayed in the car. A police car pulled up, and Joubert jumped in the back seat of the Grand Am. He heard gunshots, then Glaspie and Dorty jumped into the car.
They drove back to the VA and went to Shekia Colar’s apartment. Glaspie changed clothing and Dorty left out the back door. Then he saw Patricia “Trish” Williams downstairs and gave her money for her (apartment) keys. Glaspie and Joubert went into her apartment. Joubert called his girlfriend from there to get her to pick him up.
Glaspie called Joubert later when he was at Tammie Rodger’s place, and told him that he was with his girlfriend (Tonika Hutchins) in the parking lot. Joubert went out and talked with him. They discussed the failed robbery. Glaspie told Joubert that he had people on the inside who worked at ACE (either Kishone Jefferson or “Pebbles” Holmes), but Glaspie was just “on some bullshit.” He did not see Dorty after that, but they did talk on the phone two times later that day. He saw Glaspie shoot but did not see Dorty shoot.
Joubert said that the police led him into naming Alfred Dewayne Brown, especially when they found out that his brother was Aaron “AB” Brown, where Joubert stayed the night before the crime. He said that Dorty was an outsider at the VA, and that Dorty wasn’t from “the bricks.” Joubert said that it has been weighing on him that Brown is in jail. He only named Brown because Glaspie named him first and that was the story the cops wanted to hear. He said that Aaron “AB” Brown knows the truth, and so does Harold “Sweets” Dayon. He stated that he has never seen Alfred Dewayne Brown with a gun. He reiterated that Brown was not at the crime scene. He predicted that Jero Dorty will deny his involvement, but will be found out when everything comes out.
Joubert said he had nothing to gain from this statement and he knew he wasn’t going to get a deal from it. He didn’t want to waste anyone’s time. He saw George “Ju-Ju” Powell, and Amos Bass at the VA on the day of the crime, but not Wilbert “Cowboy Will” Green. He heard that Dorty threw the second gun into the bayou. Joubert said that Dorty wasn’t their usual third on robberies, it was a close friend who he isn’t going to name.
Brown, Aaron Henley ("AB")

(arrest record)
2003-04-04 2300On April 2, 2003, the night before the crime, Aaron Brown saw his half¬brother Alfred Dewayne “Doby” Brown at the Subway where their mother Catherine “Miss Cat” Brown worked. They argued about Aaron Brown’s girlfriend. Alfred Dewayne Brown disapproved of her. Aaron Brown said this was the last time he saw Alfred Dewayne Brown until the afternoon of April 4, the day after the crime took place. Aaron Brown claims that on the day of the crime, April 3, he slept until 3:00 p.m. with his phone off. That evening he went to the Villa Americana apartments where he heard people saying that his brother was involved in the crime, along with Dashan “Shon” Glaspie, and Elijah “Ghetto” Joubert. The next day, April 4, he went to the apartment of Ericka Dockery, where his brother was staying. He saw his brother watching the news about the crime and asked him if he had anything to do with it. Alfred Dewayne Brown told him no. Aaron Brown suggested that if he had nothing to do with it he should drive down to the police station and explain himself to investigators, so Aaron Brown, Alfred Dewayne Brown, and their mother Catherine Brown left their house and drove toward the station, with Aaron Brown driving. He noticed that they were being followed by police, so he pulled over and stepped out of the vehicle with his hands raised, and all three of them were arrested.
Brown, Alfred Dewayne ("Doby")

(arrest record)
2003-04-04 2300Defendant/exoneree. Told investigators that he was home the entire day of the crime and that Ericka Dockery and her nephews (Reginald Jones and Rubin Jones) could verify that story. He agreed that he knew Dashan Glaspie and Elijah Joubert but said they were “not that tight.” He said the last time he saw them was on was Tuesday night (4/1/03) after an argument with his girlfriend, and that he “hung out all day” Wednesday and Thursday. He says he did not leave the house until Friday. He was angry to be accused of being involved in the crime, and said he was on his way to the police station to turn himself in when he was stopped and arrested. All he did on Thursday April 3 was talk to people on the phone. He talked to Glaspie on the phone about noon on Thursday. He probably talked to Joubert as well that day. Brown said that if the police put an ankle brace on him he believed he could locate the murder weapon for them, but otherwise could not help them. (It is unknown whether this was a proposal of the police or of Brown.)
Dockery, Ericka (married name since 3/2005: Lockette) 2003-04-04 2300 [Grand jury testimony 4/21/2003]Ericka woke up at 6:00 a.m., went downstairs, and saw Alfred Dewayne Brown asleep on her couch. She took her kids to the bus stop at 6:45 a.m., then came back and got ready for work. She left at 8:30 a.m. and arrived at work at 8:55 a.m. After work, she came home at 1:30 p.m. and saw Brown upstairs vomiting. He said he was sick and they napped awhile.
Foisner, Leo Benavidez2003-04-04 2300 [current information report]Foisner arrived for work with his wife Margaret, in separate vehicles, on the day of the crime. They arrived sometime between 7:30 a.m. and 7:32 a.m. A man Foisner had known for years [Vanan Saukam] arrived on his bicycle before Foisner unlocked the front door. Suddenly Foisner saw a black man wearing a dark jacket walk toward him from the northern strip center. The man had his hands deep in his pockets. Foisner was an Army veteran and had been in firefights before. He sensed that the man was up to no good and told Saukam so. Saukam turned to look, and then another black man appeared walking about two car lengths behind the first. He was also wearing a dark jacket with hands deep in his pockets. Foisner let the men see him pull out and cock the chrome .380ACP pistol he carries in his waistband. The lead suspect veered off and went south through the parking lot and the other man followed. The suspects stopped at the edge of the parking lot for a few minutes, and then walked away toward the north. Leo checked on the store and his wife, then opened the store. A timestamp on his door reveals it to have been opened at 7:36 a.m.
Jolivette, Thomas Mathew ("Muffin")2003-04-04 2300Stated that on the evening of April 3, 2003, at about 9:30 p.m., he was outside of his apartment with his cousin Rayfael “Noonie” Viverette when a man came up to Viverette and offered to sell him a .45ACP handgun with a laser sight for $50. The man was a black male, about 28 years old, 5’9, clean shaven with a gold tooth. Jolivette knew him from around the apartments but doesn’t know his name. Viverette told the man he would hold the gun for the night and think about whether he wanted to buy it. Viverette put the gun upstairs in Letisha “Tish” Simmons’ house. That was the last time Jolivette saw it.`
Jones, Reginald Lewis2003-04-04 230018 y.o. at time of crime. Ericka Dockery's nephew, lived with her. He was staying at her townhouse at the time of the crime. He said that Alfred Dewayne Brown owns a small silver gun. Jones said that he gave Brown a ride to the Villa Americana the night before the crime, then gave Jones’s half-brother Terrance a ride. Brown returned to Ericka Dockery’s apartment at 11:30 p.m. On the day of the crime, Jones woke up around 9:30 a.m. or 10:00 a.m. No one else was up. He started playing video games. Brown came downstairs at around 1:00 p.m. From the couch where he was playing video games, Jones had a good view of the front and back doors and also the stairs. He would have known if Brown came in from somewhere else. Jones asked Brown if he had seen the TV news and Brown said that he had. (Implicitly, he watched a TV upstairs). Brown had an upset stomach the whole day, and he cooked a meal for him. At some point in the late morning or early afternoon a phone call came in for Brown that Reuben answered and then passed off to him. The police interviewed him many times and always intimidated him. They pressured him to sign an initial statement which said that Brown came downstairs at 1:00 p.m., which was not true, because Brown came downstairs earlier. It was clear to Jones that the police, detectives, and Grand Jury only wanted him to say what they wanted to hear. Eventually the Grand Jury dismissed Jones’s testimony and ruled him out as a witness, even though he plainly provided an alibi for Brown. Jones was never called at trial by Brown’s defense team. Indeed, they never even talked to him. Thus, Reginald Jones, a legal adult who provided a clear alibi for Alfred Dewayne Brown’s location at the time of the crime, was forgotten in the greater landscape of the case.
Jones, Reuben Lamont2003-04-04 230015 y.o. at time of crime, nephew of Ericka Dockery, stayed with her on weekdays for school zoning. The night before the crime, April 2, 2003, Alfred Dewayne “Doby” Brown and Ericka Dockery got into a fight. Then his brother took Brown to the Villa Americana. He said that Brown got back to the house at about 11:00 p.m. that night and went to sleep on the couch at 11:30 p.m. Jones said he stayed up all night playing GameCube. Played video games until around 6:00 a.m. in the morning. He was still awake when Ericka Dockery came downstairs to talk to Brown on the couch. Jones went upstairs to bed and didn't wake up until around 3:00 p.m. He answered the phone and a woman was shouting about Brown maybe being involved in the crime. In prison for murder [indictment] as of 4/22/2015.
Simon, Sharhonda Marie Simon2003-04-04 2300 [Trial testimony]Stated that she didn't know the last time Alfred Dewayne “Doby” Brown was at her apartment. Around 10:30 a.m. on the morning on the day of the crime, she saw him sitting in a white Grand Am near Dashan Glaspie and Elijah Joubert. Later statement: Told police that it looked like Alfred Dewayne Brown in the passenger seat of the car, but she really couldn't identify him, she just assumed it was him. Felt pressured by ADA Dan Rizzo to say she was sure it was Alfred Dewayne Brown in the car, and she went along with it because she didn't want to go to jail or lose her children.
Viverette, Rafael ("Noonie")2003-04-04 230022 y.o. at time of crime, lived at apartment #157 in the Villa Americana. On the day of the crime, he got home between 3:30 p.m. and 4:00 p.m. His cousin Thomas “Muffin” Jolivette was there, he told him that George “Ju-Ju” Powell had come by and given Jolivette a gun. The gun was under the seat of his couch and was a .45 automatic with a red laser sight. Jolivette told him that Powell had asked him to hold the gun, and that he'd be back for it later. Viverette carried the gun around the VA, eventually going to the apartment of Letisha “Tish” Simmons, #188. Simmons doesn't like guns in her house but he convinced her to let him in. The next day the VA was swarming with police. Viverette became scared, put the gun in a plastic bag with some cans, and threw it out the window. Then he went outside and the police detained him, patted him down, and put him in a police car. He told the police where he threw the gun, but when they got there the gun was gone. Later he found out that Laturischeva “Pebbles” Holmes had taken it. Viverette knew Alfred Dewayne “Doby” Brown. On the day of the crime, mid-morning, about 10:00 a.m., he did not get visited by any of the suspects, or see them at all. Brown did not come to his apartment that morning. Viverette said that he was drinking heavily that day, a few six-packs. He said he was home all day and he didn’t remember seeing George “Ju-Ju” Powell in his house that day. 2015: Said Joubert was a real tough character. His mom put cigarettes out on him when he was younger, he stole food just to eat, and would get in fights and threaten to kill people as early as age 9. Glaspie was a real gun nut. He had a whole bunch of guns and even a grenade launcher. Viverette asked the investigators if they were sure it was three people and not just two.
Fontenette, Danta ("DJ") 2003-04-05Brother of Ernest “Deuce” Matthews. Led police to the apartment of Shekia “Nikki” Colar (#153), where he hid a Colt .45 in the kitchen cabinet without the knowledge of Shekia Colar. Shekia Colar let the police in and signed a voluntary consent form. They found the Colt .45 in a cigar box in the cabinet and submitted it for testing. It was found to have been stolen, but did not match the .45 used in the crime. Fontenette said that he had stored two guns in Mary Lee Hall’s house, but she threw them in the dumpster. Fontenette was only able to find the Colt .45 in the dumpster. He was unable to find the other gun. He says the other gun was a Glock 9mm, not a .380. He knew the police were looking for a .380, but he didn’t know where it was. Police checked the dumpster, but it had already been emptied.
Hall, Ebony Jamanba2003-04-05Detectives came to Hall’s house around 1:00 a.m. or 2:00 a.m. on April 4, 2003 asking about Dashan “Shon” Glaspie, Elijah “Ghetto” Joubert, and Ernest “Deuce” Matthews. She went to bed after they left, and woke up at 9:00 a.m. or 10:00 a.m. to go to work. She needed socks and her mother told her to look in the closet, where she found a swisher sweet cigar box in a bag in her closet. She opened the box and found two guns. One was a longer black gun and the other was a short black gun. Her mother said that they were Danta “DJ” Fontenette's guns. [Fontenette is the brother of Ernest “Deuce” Matthews]. On her way to work Hall confronted Fontenette’s cousin about the guns and he said they weren't the ones used in the murder. When she got home from work her mother said that Fontenette came over and had taken the guns. She went to Shekia Colar’s apartment, and Colar informed her that she told Fontenette to get rid of the guns.
Matthews, Ernest Tyrone ("Deuce")

(arrest record)
2003-04-05Matthews denied being a part of the crime. He said he drove to his girlfriend's house at about 10:00 p.m. the night before the murders, and went to bed around 1:00 a.m. or 2:00 a.m. He woke up Thursday, April 3, 2003, sometime around 10:00 a.m. or 10:30 a.m. He drove to the VA to pick up a man named James (last name unknown), so that James could wash his car. James dropped him off at his apartment, went to wash his car, and then returned it in the afternoon.
Matthews said he did not talk to Dashan Glaspie, Elijah Joubert, or Alfred Dewayne Brown on the day of the killings. Matthews first heard of the crime from his grandmother around 4:00 p.m. the day of the crime. She was worried because he had the same type of car that was used in the murder, a white Pontiac Grand Am.
He talked to his brother Donta “DJ” Fontenette the next day (Friday, April 4). Fontenette told him he was at Shekia “Nikki” Colar's apartment at the VA, #153, when the police came asking questions about Glaspie. Fontenette said the police were also asking about Matthews. Matthews also said that he talked to George “Ju¬Ju” Powell on Friday afternoon, April 4. Powell told Matthews that he told the police he had not seen Matthews at the VA the morning of the crime.
Powell said that Glaspie had given him a .45 to hide in Rayfael “Noonie” Viverette's apartment. Matthews said that he has a Colt 1911, which he keeps at his grandmother's house, and that Fontenette had taken it and hidden it in a cigar box with a gun of his own in Mary Lee Hall's apartment, #150. He did not know what type of gun Fontenette had.
Afzal, Sheikah Mohammed 2003-04-05 [trial testimony 2005]Manager at Affordable Furniture, in the same parking lot as the ACE check-cashing store where the attempted robbery occurred. Afzal is clear that of the two men that came into his store, he talked to the tall one and did not talk to the shorter one. 81 y.o. as of 3/1/2019. Raley Report: "Sheikah Mohammed Afzal was crucial to the State’s case during Brown’s trial because he was the only witness besides Dashan Glaspie (who obtained a reduced charge and sentence in a plea deal for cooperating) who the State could use to try to place Alfred Dewayne Brown near the scene of the crime."
Bass, Amos Alexander2003-04-06Told police that on the day of the crime, sometime before noon, he was in the Villa Americana parking lot and saw several people standing around a white Pontiac Grand Am. He recognized Elijah “Ghetto” Joubert and Dashan “Shon” Glaspie standing by the car. Amos Bass was identified by George “Ju-Ju” Powell and Glaspie as being present in the Villa Americana parking lot when Glaspie and Joubert were there around 8:00 a.m. Bass knows Glaspie, Joubert, and Brown, was in close proximity to the White Grand Am when it pulled up, but did not see Brown that morning.
Green, Wilbert ("Cowboy Will")2003-04-06Went to the Villa Americana on the morning of crime around 11:00 a.m. [or the day after, according to his 2013 statement]. When he got there, he saw George “Ju-Ju” Powell standing beside Rayfael “Noonie” Viverette's apartment. The door was open. He saw Alfred Dewayne Brown inside. He had known Brown since Brown was very young. Viverette and Brown were inside Noonie’s apartment watching the news coverage of the crime on TV. After a short time, Brown asked Green for a ride home, offering him $5. Green drove Brown to Ericka Dockery's place and dropped him off.
Williams, Patricia Ann2003-04-0925 y.o. at time of crime, resident of VA. On the morning of the crime, she got up at 9:00 a.m. to get ready to go to school at Houston Community College. Shortly after 10:00 a.m. she walked out of her apartment, and walked down her stairs toward her car. She saw two men, Dashan “Shon” Glaspie and Elijah “Ghetto” Joubert, standing by a white Pontiac Grand Am. Joubert paid her $20 for permission to go into her apartment. He had given her money for this purpose in the past. She noticed both were acting unusual. The two men came into her apartment and started watching TV, watching news coverage about a robbery and shooting. They watched TV while she went into the bedroom. Williams was in a hurry to get to school. They asked her to leave her keys but she told them no. They left the apartment. Then she left and walked to her car. She saw the white Grand Am parked in the parking lot. She was shown photos of Glaspie and Joubert and recognized them as the men who came in that day. She was shown a photo of Alfred Dewayne Brown and did not recognize him. Her house was searched and nothing was revealed.
Saukam, Vanan ("Leo Foisner’s Asian customer”) 2003-04-11Was a customer of Leo Foisner who was present during the attempted robbery of the first check cashing service; he pulled up on his bicycle to chat with Foisner before Foisner opened his Kwik Kash store. Witnessed all three suspects near the attempted robbery of the first Check Cashing store. Said one was tall and two were his height, around 5' 8''. ["An Asian man who is the cousin of the lady who runs the donut shop," needed a money order.]
Blair, Deborah Rodgers2003-04-20Was inside her sister Tammie Rodger’s apartment when Elijah Joubert came into her apartment and asked to use her phone. Joubert used her landline to make several calls and also asked for the television remote. At one point he was watching some sort of news broadcast. The police showed her a photograph of Joubert and she positively identified him.
Carter, Laquinta ("Late Night Hike")2003-04-21God sister of Tonika Hutchins, ex-girlfriend of Alfred Dewayne Brown. She has served time for theft. She said that Brown did not sell drugs, and that he got money from Ericka Dockery. Dashan “Shon” Glaspie had a .45ACP (“Automatic Colt Pistol”) handgun that he always had on him. Elijah “Ghetto” Joubert also always had a gun on him, but had many different ones. The day of the crime, April 3, 2003, Carter received a call from Sharhonda Simon telling her that someone saw Alfred Dewayne Brown driving Tonika Hutchins’ car. She called Brown around noon (at Ericka Dockery’s apartment) and asked him what happened. Brown told her he had been home sick all morning. Later, when she was visiting Brown in jail, he told her that he was in the furniture store that morning. She heard this story first from Tonika Hutchins, who heard it from Glaspie, but Carter said she also heard it from Brown. However, she added that Brown said he wasn't at all involved in the crime and that it was Elijah “Ghetto” Joubert, Ernest “Deuce” Matthews and George “Ju-Ju” Powell. Brown also told her that Ernest “Deuce” Mathew’s car, which is a 2-door with missing hubcaps, was the car used at the ACE Check Cashing crime. [Note: Matthews also drove a white Grand Am]. She said it was all a set-up to steal money and marijuana from a Mexican man. When Carter heard about the crime from her friend Brandy Chavis, she called Hutchins, and Hutchins asked her to recover her white Grand Am from the Villa Americana. Carter picked up her friend Martha Love and they drove to the VA. She met Hutchins and Glaspie there at around 10:00 a.m. They gave her the keys to the Grand Am, which she parked on Overdale. She talked with Brown all afternoon. He told her then that he had nothing to do with the crime, and that he was home all day. Lived with her mother Linda Carter at 5759 Overdale [2.2 miles north of VA]. Did not testify at Joubert trial because she was involved in a car accident on the way there; she was the driver; Tonika Hutchins was killed in the collision.
Berry, Alma2003-04-22 [Trial testimony]Employed Ericka Dockery on the day of the crime. Remembers getting a phone call from Alfred Dewayne Brown at around 10:26 a.m. on April 3, 2003, the day of the crime. She knew Brown and recognized his voice. She answered the phone and handed it to Dockery. Dockery said “What?” on the phone and then ran over to turn on the television, which was showing a news broadcast of the crime. “That’s where I used to cash my checks” Dockery said.
Coleman, Jesse ("Smooth")2003-04-22On the morning of the crime, April 3, 2003, Coleman was asleep at his girlfriend's house. He woke up later in the morning. His girlfriend told him that someone had been trying to call him on his mobile phone. Later in the day he went to his mother's house and called Dashan Glaspie. He denied having any knowledge of the case investigation.
Hutchins, Tonika2003-04-28Had been dating Glaspie since February 2003, knew he dealt marijuana. Lived with father, who disapproved of Glaspie. Knew Alfred Brown through her God sister, Laquinta Carter, who used to date him. Hutchins said she had never heard that Brown was a drug dealer or a “jacker” (thief). Brown got money from girls he stayed with. She had heard that Elijah “Ghetto” Joubert was a robber. Brown told her that he was at home during the crime. Glaspie told her that he was in a furniture store with George “Ju¬Ju” Powell, waiting to buy weed from a Mexican, when they heard gunshots and went outside and Joubert jumped in the car. She said Glaspie never said Brown was involved. The morning of the crime, when Hutchins was with Glaspie, Glaspie got a call from Joubert. Glaspie also called Brown that morning but couldn't wake him up. Glaspie never went to sleep the evening of April 3. Glaspie left her father's house in her car about 6:30 a.m. and didn't tell her where he was going. At about 10:30 a.m., Glaspie called Hutchins and told her to pick him up at the Villa Americana. She picked him up and took him to her father's place, then to a hotel, but they didn’t talk about the crime. Died in a car accident on the way to Joubert’s trial. Laquinta Carter was the driver.
Dorty, Jero ("JD")

(arrest record)
2003-05-03Dorty and ADA Rizzo discussed the terms of a plea bargain deal that Dorty agreed to, which included wearing a wire and seeking the weapon used in the ACE robbery. The wire would be used to record Laturischeva “Pebbles” Jenkins (Holmes), who they believed has a role in the crime. If Dorty was unable to find the weapon, the deal would not be satisfied. Dorty provided information that Aaron “AB” Brown had hidden the weapon. Jero Dorty is believed by Alfred Dewayne Brown’s legal team to possibly have been the third party in the ACE Check Cashing robbery and murder. The foundation for this belief is a letter in Brown’s possession allegedly written by Jesse “Smooth” Coleman which states that Brown was set up and that Dorty is the real culprit. The letter contains insider details of the crime. Coleman strongly denied writing it before he passed away. Alisha Hubbard, and even Joubert, eventually named Dorty as the third party in the crime. Dorty was an integral member of the criminal group, and was close with both Glaspie and Aaron “AB” Brown. He has a criminal record of assault.
Jefferson, Kishone2004-01-16Girlfriend of Aaron Henley "AB" Brown (Alfred Brown's older brother). Stated that she and Alfred Dewayne “Doby” Brown do not get along, and she had heard of him doing robberies with Dashan “Shon” Glaspie and Elijah “Ghetto” Joubert. A few days before the robbery, Brown threatened her with a silver colored pistol. The night before the crime, at 3:30 a.m. in the morning, Aaron “AB” Brown (her boyfriend) and Joubert showed up at Jefferson’s house and spent the night there. The next morning, April 3, 2003, she woke up at about 7:00 a.m. and saw Joubert wake up and leave the house. She went back to bed and woke up again at about 4:00 p.m. by Catherine Brown, Aaron and Dewayne’s mother. Aaron “AB” Brown left her house at about 4:00 p.m. Later, Aaron Brown called Jefferson and told her to turn on the TV news. Jefferson watched the news about the crime and recognized Glaspie from the police sketch. She asked Aaron Brown if Alfred Dewayne Brown had been involved. Aaron Brown said he didn’t know, but said “I told him he was going to need me, he let the money go to his head.” She told Aaron Brown that she thought his brother did the robbery. Alfred Dewayne Brown did not come to her apartment on the day of the crime, as far as she knew. She has no personal knowledge of what happened to Brown’s shirt or gun after the robbery. A few days before her statement to the police, Wilbert “Cowboy Will” Green came to her door and told her that he told the police his story. Green told her that he had gone to Rayfael “Noonie” Viverette’s apartment on the day of the crime for some “sherm” (tobacco mixed with marijuana, dipped in PCPA embalming fluid) and saw Brown on Viverette’s couch watching TV news. Brown offered Green $5 to give him a ride home and Green agreed, taking him home. Jefferson said that Green told her that Brown lay down in the seat every time they passed a police car (Green never said that in any of his statements). 2015 statement, reinvestigation: Jefferson was very irritated, yelling and cursing at investigators. She stated that she didn’t know anything regarding the case. She said that around the time of the crime she was a crack addict and pill abuser, and has a hard time remembering anything from her past. She stated that she didn’t know Alisha Hubbard and that she didn’t know anything about clothes or a weapon. She said Aaron “AB” Brown stopped communicating with her after a paternity test was negative.
Smith, Kelvin2015-04-27On the day of the crime he heard a commotion outside his upstairs apartment. He went outside and heard Dashan “Shon” Glaspie, who was below him on the first floor say "I had to shoot the bitch" repeatedly. Smith said that Glaspie seemed "fucked up."
Alford, Judith2015-05-06Recalled helping Ericka Dockery write a letter to Judge Mark Ellis (who presided over the Brown case). Dockery told Alford that Dockery’s boyfriend's brother (presumably Aaron “AB” Brown) was involved in a robbery and murder. Dockery told her that her boyfriend's brother killed a female employee who was working there. Alford remembered Dockery being threatened by her boyfriend’s brother.
Carraway, Richard2015-05-07Raley Report: Carraway said that Dashan Glaspie and Elijah Joubert asked him to participate in the robbery a few days before it happened. He said that they came to his place around 7:00 a.m. or 8:00 a.m. on the morning of the crime but he wasn't there. (It is unclear how he knew this). They wanted him to be the driver and look-out, which he had done before for them. He said he originally agreed to participate but then decided against it and avoided Glaspie and Joubert. He said that after the crime Glaspie came over with a girl named “Ericka.” [Note: He may mean Tonika Hutchins, Glaspie’s girlfriend]. Carraway said that Glaspie was complaining that they were stuck in traffic after the crime. Carraway said that Glaspie said he shot the woman and the cop with his .45 that had a laser beam. He thought Alfred Dewayne Brown was involved because of the news reports and said Brown was with them on other robberies. He said that he has never seen Brown be aggressive.
Jenkins, Laturischeva (“Pebbles” | married name: Holmes) Z (never?)According to Dorty, "Pebbles" is one of the girls he and his buddies "messed with." Supposedly retrieved one of the murder weapons from the dumpster.
Hussein, Shoukat? [Trial testimony]

Alfred Dewayne “Dobie” Brown (while in custody)

Alfred has two friends. They are “Ghetto,” and “Shawn.” Shawn calls himself, “P-Real.” I last saw them two or three weeks ago when they came over to visit Alfred. I don’t know them, I just know that they are friends of Alfred. I have been trying to get Alfred a job, but he has some felonies, so it’s hard to get him a job.

Witness Statement of Ericka Jean Dockery [4/4/2003 7:35 p.m.].

DaShan Vadell “Shon”/ “P-Real” Glaspie

Without [DaShan Glaspie’s] testimony, it may have been extremely difficult to have sustained convictions, let alone the death penalty, for the two killers.

Dan Rizzo (prosecutor) ~[11/4/2005]

Elijah Dewayne “Ghetto[-T]” Joubert

Murder Trial (October 2005)

Appeals and Habeas

An evidentiary hearing on Brown’s habeas petition was scheduled for spring of 2013. Brown’s counsel announced they would call an expert regarding cell phones. In preparing for the hearing, ADA Lynn Hardaway spoke to McDaniel regarding the phone evidence on a number of occasions, and McDaniel was subpoenaed to testify at the upcoming writ hearing. During one of his conversations with Hardaway, McDaniel volunteered that he might have some materials from the Brown case in a box stored in his home garage. He searched, located a box of materials from the case, and brought the box to Hardaway on April 9, 2013. A copy was immediately produced to Brown’s counsel. The records in the box included Ericka Dockery’s landline phone records, which show a 10:08 a.m. call on 4/3/2003 from Dockery’s apartment to Dockery’s place of employment (Ms. Alma Berry). [Dockery testified before the Grand Jury and during Brown’s trial that around 10:00 a.m. Brown called her at Ms. Berry’s house, and that Caller ID indicated the call came from Dockery’s apartment.]

John Wesley Raley [3/1/2019]. “Report of Special Prosecutor John Raley to District Attorney Kim Ogg Regarding Alfred Dewayne Brown.”

After it was confirmed that the records were not in the prosecution file or HPD’s homicide file and had not been turned over to Brown’s defense counsel, the Harris County District Attorney’s Office agreed that Brown was entitled to a new trial under Brady, the holding of which is that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Brady v. Maryland, 373 U.S. 83, 87 (1963). The Court of Criminal Appeals of Texas vacated Brown’s conviction and sentence on November 4, 2014 in Ex Parte Alfred Dewayne Brown. Brown was set free on June 8, 2015, when the DA’s office concluded that it did not have evidence to corroborate the accomplice testimony of Glaspie.

2015 Case Dismissal and Release from Custody

On June 8, 2015, Alfred Dewayne Brown was released from the Harris County jail, twelve years and 62 days after he was arrested for his alleged involvement in the botched robbery of the ACE check-cashing store and the double-murder of Alfredia Jones and HPD Officer Charles Clark. Brown had been transferred from death row to the Harris County jail in December 2014 after his sentence was vacated, pending District Attorney Devon Anderson’s decision on whether he would be retried. In June 2015, Anderson decided that she could not make the case against Brown given the fact that multiple witnesses had since changed their testimony.

The reason we dismissed the case, and the reason you will see on the dismissal form that was filed earlier today was that we have insufficient evidence to corroborate accomplice witness testimony. […] Together with the Houston Police Department, they reinvestigated the entire case, reinterviewed every witness who testified, many who never did, reviewed thousands of pages of the appellate record, of the written record, reviewed all of the physical evidence: DNA, fingerprints, ballistics. It takes time to do that. We want to make sure we got it right. At this time, we do not have evidence to proceed on this case.

Harris County District Attorney Devon Anderson [6/8/2015] announcing release of Alfred Dewayne Brown from custody. Fox 26/YouTube (uploaded 6/9/2015).

Prosecutorial Misconduct, Grand Jury Abuse

Former Texas Governor and occasional POTUS candidate commented on the case in 2016.

You could say this story has a happy ending, because Alfred was released. But his life was almost ruined because of an overzealous prosecutor who concealed exonerating evidence. And Ericka’s children were put in harm’s way because of a grand jury that acted as the arm of the prosecution, rather than as an independent check on government power. . . . When ambitious prosecutors go overboard, the true victims aren’t people like you or me: they’re people like Ericka and Alfred who don’t have the means to fight back.

Rick Perry (7/27/2016). American Legislative Exchange Council. Forbes article.

Query: How did Rick Perry know, in July 2016, that Rizzo was “an overzealous prosecutor who concealed exonerating evidence”? As far as I know, at that time, the consensus was that Rizzo’s nondisclosure was “inadvertent.”

Dan Rizzo, Prosecutor

  • Daniel Joseph Rizzo (personnel file)
  • DOB: 3/25/1957 (Cleveland)
  • Bachelor’s: Baldwin-Wallace College, Biology, B.S., grad. 1979.
  • As of November 1980, apparently worked as “Assistant Secretary” for Credit Alliance Corp., Ohio. See Driggs v. Credit Alliance Corp, 591 F.Supp 1221 (N.D. Ohio 1984).
  • Law School: Cleveland State University, grad. June 1982.
  • Internship: City of Cleveland Prosecutor, June 1980 to 1982 ([from personnel file:] “Mr. Rizzo… was a law clerk and legal intern with this office. As clerk, he handled disputes through arbitration, aided in legal research and various other duties in a most competent manner. As intern, Mr. Rizzo was allowed to try several misdemeanor cases to the bench in company with a prosecutor, aided in trial preparation, wrote appellate briefs, participated in our Cleveland Police roll-call program on search and seizure as a lecturer, and handled several motions for temporary protection orders for victims of domestic violence.”)
  • OH Bar License: 33305 (granted 11/15/1982)
  • TX Bar License: 16965400 (granted 11/4/1983)
  • Attorney with respect to bar complaint(s) of prosecutorial misconduct: Chris Tritico. See here.In the 5/9/2018 press release, Tritico says Rizzo retired and moved to Ohio.
    • [He bought a ~2,300 sq. ft. house on a cul-de-sac in the outskirts of Cleveland in 2017 for $300,000, also owns a house near the Heights area of Houston, and three unimproved lots in Crystal Beach, Galveston County–one of which had a home with HCAD value of $125k, apparently razed in Hurricane Ike].
  • Began working at Harris County District Attorney’s Office in November 1983 (began internship with HCDAO on 3/7/1983). See also Drewett v. State, 704 S.W.2d 43 (1986); 1996 People Magazine article.
  • Tried a murder case as early as 2/20/2001 (Gilmar Alexander Guevara), apparently as second chair to Diana Lynn ‘Di’ Glaeser (died of heart attack in Sept. 2006). [4/25/2002 {with Sunni Mitchell} and 1/21/2003 {with Mia Magness}, also as co-counsel].
  • By May 2003, title was “Felony Division D Chief” (Harris County Directory [5/15/2003] [1/6/2004]). Appears he was still there as of September 2008 (received check of $489.45 from the County).
  • Last day at HCDAO: 8/31/2009.

Dan Rizzo is unpopular, as is clear from his peers’ reflections on his career–

Everyone involved in this process believes that Rizzo was a schmuck who played dirty.

Murray Newman (former prosecutor, current defense attorney, and blogger) [3/4/2018]. “Actual Innocence and Alfred Brown.” Life at the Harris County Criminal Justice Center.

Mr. Rizzo has an astonishingly flexible relationship with the truth.

Pat McCann [~ 3/8/2018], criminal defense attorney unconnected to robbery/murder trials.

I think there is a credible perjury case here, even if Rizzo claims that he never read the email, because that account — failure to read an email with a subject heading related to a pending murder case — is so implausible.

Daniel Medwed [~3/8/2018], professor of law and criminal justice, Northeastern University.

During my investigation into the Brown case, I uncovered significant prosecutorial misconduct on the part of Brown’s chief prosecutor, ADA Daniel Rizzo. Mr. Rizzo’s misconduct in the Brown case raises substantial questions regarding his honesty, trustworthiness, and fitness to be a lawyer.

Grievance Letter [6/4/2019] from John Raley to State Bar of Texas.
  • [10/29/2019] Decision letter from Texas Attorney General affirming Harris County District Attorney’s Office withholding Rizzo’s e-mails with police.

After retiring from the Harris County District Attorney’s Office some time during the Pat Lykos Administration [2008-2012], he probably thought that he put all of the uncertainty and acrimony of being a prosecutor behind him.  While most prosecutors who leave the Office make some effort to keep in touch with one another, he kind of faded into oblivion.

Murray Newman [3/12/2018]. “Dan Rizzo and the Alfred Dewayne Brown Case.”

He faded off into oblivion because people didn’t trust him nor did they miss him when he left.

Murray Newman [3/15/2018] (self-comment). “Dan Rizzo and the Alfred Dewayne Brown Case.”

I knew Dan when he and I were both at the Office. He was a Division Chief and far senior to me. Although I didn’t have a personal problem with Dan, I didn’t trust him. I thought he was a dishonest guy. I can think of at least two different scenarios where he lied to me personally. The reason I knew that he was lying was because he contradicted himself. They weren’t on big issues. They were pretty minor, but the guy couldn’t keep his stories straight to save his life. He just wasn’t bright enough, quite frankly. If you were to ask me if I thought Dan would downplay or neglect to mention some exculpatory evidence on a case, I would tell you that it wouldn’t surprise me if he did.

Murray Newman [3/12/2018]. “Dan Rizzo and the Alfred Dewayne Brown Case.”

I never really felt all that comfortable around Dan. Something just didn’t feel right.

Anonymous commenter on Murray Newman’s blog [3/13/2018]

Dan deserves to be slowly tortured and dammed on his way to hell for what he did to Brown.

“Lee” – commenter on Murray Newman’s blog [3/14/2018].

Dan Rizzo, don’t get me started. Worked under him for a brief period of time when he was moved from Division Chief to Grand Jury Chief. … I’m struggling to even describe him with any accuracy, so much so that I’ve just now realized how inadequate my vocabulary is for describing my precise opinion of his character or personality. It’s rare to meet someone who is simultaneously so banal and yet so malevolent. If you cast him and John Bradley in a remake of the 80’s movie Twins, Dan Rizzo would play Danny DeVito’s part.

Anonymous commenter on Murray Newman’s blog [3/19/2018]

The idea that Rizzo violated Brown’s rights merely by mistake never seemed plausible. For one thing, records showed Rizzo was the one who requested the phone record. A transcript revealed how he allowed grand jurors to threaten and intimidate Brown’s chief alibi witness, his girlfriend, until she eventually changed her story.

Lisa Falkenberg [3/11/2018]. “Rizzo’s defense in Alfred Dewayne Brown case questionable then, chilling now.” Houston Chronicle.

As President of the Harris County Criminal Lawyers Association, I am formally requesting action by your office… to fully and publicly investigate… 1) Whether Assistant District Attorney Dan Rizzo committed the crimes of perjury, obstruction of justice, and/or official oppression by deliberately hiding exculpatory evidence related to Mr. Brown’s defense; 2) Whether Mr. Rizzo committed the crimes of official oppression, obstruction of justice, and/or tampering with a witness by (a) attacking Ms. Dockery in the grand jury and threatening CPS or criminal action; and (b) falsely prosecuting Ms. Dockery in order to force her to change her testimony, so that he would gain an advantage in Mr. Brown’s prosecution; 3) Whether Ms. Dockery’s conviction for Aggravated Perjury should be overturned because of the unethical actions of Mr. Rizzo; [and] 4) Whether your office should lodge a formal complaint with the Texas State Bar seeking appropriate sanctions for Mr. Rizzo’s conduct. Dismissal is only the first step. A prosecutor’s violation of his or her oath is the most serious abrogation of duty one can imagine.

JoAnne Musick [6/12/2015], President of the Harris County Criminal Lawyers Association. (See Response from Devon Anderson [7/14/2015], declining to take action on statute-of-limitations grounds).

A review last week of a lengthy interview I had with with Rizzo in 2014 turned up comments, never published, defending his actions, Brown’s conviction, and his own ethics and commitment to justice. […] Rizzo had a friendly manner about him, and I remember him taking time to tell me how he cared for his elderly mother, and sometimes played accordion at the bingo hall.

Lisa Falkenberg [3/11/2018]. “Rizzo’s defense in Alfred Dewayne Brown case questionable then, chilling now.” Houston Chronicle.

Closing Argument at Trial

One of Brown’s defense attorneys at his capital murder cast doubt on Rizzo’s prosecutorial conduct during her closing argument to the jury. As the Court of Criminal Appeals noted, Brown’s attorney pointed out:

that witnesses met with Mr. Rizzo before the capital-murder trials of appellant and his co-defendant, that witnesses gave testimony that differed from earlier statements given to police or earlier testimony given at the co-defendant’s trial, that several witnesses received substantial monetary rewards from Crime Stoppers, that one witness who was charged with aggravated perjury had made a deal with Mr. Rizzo to get out of jail, and that appellant’s other co-defendant reached a deal with Mr. Rizzo for a thirty-year sentence for aggravated robbery in exchange for his testimony against appellant.

Brown v. State, 270 S.W.3d 564, 571 (Tex. Crim. App. 2008)
Loretta Muldrow, defense attorney, at Brown’s murder trial.

The appellate court went on to include an excerpt of the transcript of defense counsel’s argument:

[LaTonya Hubbard, who testified at trial and is the sister of Alisha Renee Hubbard, who also testified] met with Mr. Rizzo about three times with her and her sisters before Mr. Joubert’s trial in October 2004. She saw the prop with the three photos in State’s Exhibit 147. And at the trial she acknowledged giving perjured testimony…. She acknowledged naming [appellant] as one of the individuals there across the street of Mr. Foisner’s business [the first business appellant, Glaspie, and Joubert attempted to rob]. She acknowledges that, that she gave that false testimony under oath knowing that she didn’t identify anyone on April 5th of 2003. I don’t know what perpetrating a lie is in your world, but in this one that’s a lie.

She also acknowledged Mr. Rizzo when he asked her, “Do you have an opinion who the third person is?” And she said, “I do now.” That’s what happens when a consensus is formed from a prop that is placed before you repeatedly…. “Do you have an opinion who was out there?” “Now I do.” What a surprise. You think about her reasons to shade her testimony.

Mr. Afzal, 68-years-old, manager at Affordable Furniture, works with Mr. Hussein who’s much younger, practically snarled at me on Friday and mimicked Mr. Rizzo and said, “I said a few minutes, not seconds on the tape.” And it was just moments earlier when we were back in that other room and he agreed with me in front of Mr. Rizzo that he had said a few seconds, a few minutes.

[Glaspie] has no explanation for why he kept switching. The only thing remarkable that occurred was the number of times he met with Mr. Rizzo and saw just those three photos. And you see, it’s okay for him to lie at Mr. Joubert’s trial. No harm to [appellant]. Mr. Glaspie is now a State’s witness. Remember? He cut his deal in July of 2004. But the problem is you dress these witnesses and rehearse them for this man’s trial. When you do that, they’re no longer witnesses. They’re tools.

Ericka Dockery had 120 days worth of reasons to shade her testimony for Dan Rizzo.

You can’t let their kind of law be the guide for you.

Loretta Muldrow’s closing argument at Alfred Dewayne Brown’s jury trial.

The 2008 appellate opinion upholding Brown’s conviction also captures Rizzo’s indignant reaction to the suggestion that he concocted witness testimony.

MR. RIZZO [prosecutor]: You know, ladies and gentlemen, I have to start off by commenting on just one area the Defense counsel commented on. And I don’t get into personal attacks. I’ve been a Prosecutor for 23 years. I just don’t do it. I think it’s sleazy. I don’t do it.
But I’m going to tell you, the personal attacks that Defense counsel made on me today, I’ve seen a couple of times in the last 23 years. I just want to — I’m not going to go on and comment about those other than to say that they are offensive. They’re terribly offensive to me as a Prosecutor for this long a period.
And I’m not going to tell you what’s happened in the past in those couple of rare occasions in 23 years where someone would attack me in such a way where there’s no evidence of any kind for the mere fact of trying to somehow help their client, which they should be trying to help their client, but not by personally attacking me.
MR. MORROW [defense co-counsel]: Judge, I’m going to object. That’s outside the record, the Prosecutor’s testifying.
THE COURT: Overruled.
MR. RIZZO: The reason I’m allowed to talk to you about this is because it’s a response to something improper.
Ladies and gentlemen, if I had done just a smidgen of what [defense co-counsel] Ms. Muldrow said, I should not only be fired, but I should be indicted. So what she did to you was she lied.
MR. MORROW: Judge, I object to Mr. Rizzo attacking [appellant] over Ms. Muldrow’s shoulder.
THE COURT: Overruled.
MR. MORROW: May I have a running objection to this line of argument, Your Honor?
MR. MORROW: Thank you.
MR. RIZZO: She lied. She stood up here and lied to you. And I’m going to let you know that I’m offended and that’s the last I’m going to talk about that because there is no evidence from any source, none at all. And I will remember it. Ladies and gentlemen, let’s go on to what we’re here for.

Dan Rizzo’s closing argument, as quoted in Brown v. State, 270 S.W.3d 564, 571 (Tex. Crim. App. 2008).

Smoking Gun E-mail

On March 2, 2018, the District Attorney’s Office published a “Statement Regarding Newly Discovered Evidence in Alfred Brown Case,” in which it was disclosed that an e-mail showing that ADA Dan Rizzo was made aware of Dockery’s home phone record in April 2003.

At the time Brown’s conviction was challenged, the prosecution and defense agreed the failure to disclose the phone records was “inadvertent.” The new evidence suggests, however, that well before Brown’s trial, Rizzo was informed about the existence of the records, yet failed to disclose or provide them to the defense counsel or the jury. Without access to actual records, the defense was unable to use them in Brown’s defense.

Harris County District Attorney’s Office [3/2/2018]. “Statement Regarding Newly Discovered Evidence in Alfred Brown Case.”

The disclosure led the defense bar to urge Kim Ogg to appoint a special prosecutor to investigate Alfred Brown’s prosecution.

We write again to ask, in light of recent disclosures by your office, that you request a special or pro tem prosecutor—either an elected official from a neighboring county, or a prosecutor appointed by the office of the Administrative Judge of the Harris County District Courts—to investigate the actions surrounding the prosecution of Alfred Dewayne Brown by your office. Based upon your office’s recent email disclosure of an email between a former investigator and Mr. Rizzo during Brown’s prosecution, Mr. Rizzo and others committed acts during their tenure at the Harris County District Attorney’s office that may have been criminal. These criminal acts may have included official oppression, obstruction of justice, perjury, subornation of perjury, and criminal civil rights violations, and may have included attempted murder, and conspiracy to commit murder. While we applaud your recent release of critical information revealing for the first time the intent of the individuals involved, it is simply not enough. Your office must go further. It must step away from oversight as it is clear that Mr. Rizzo’s decades-long association with your employees makes any objective investigation impossible.

Tucker Graves [3/12/2018], President of the Harris County Criminal Lawyers Association. “Re: Criminal Investigation of Former Assistant District Attorney Daniel Rizzo and Other Prosecutors.”

John Raley’s report discussed and published the e-mail dated 4/22/2013 from HPD homicide investigator Breck McDaniel to ADA Dan Rizzo describing the exculpatory nature of Ericka Dockery’s phone records. The e-mail attached an application for phone records and a proposed order granting the same. In the e-mail, McDaniel said:

I was hoping that it would clearly refute Erica’s claim that she received a call at work (residence on Hartwick street) from Dobie at about 10 a.m. or so from her apartment, thereby, putting him at the apartment as an alibi as the nephews claim. But, it looks like the call detail records from the apartment shows that the home phone dialed Erica’s place of employment on Hartwick Street at about 8:30 A.M. and again at 10:08 A.M.

Breck McDaniel [4/22/2003]. “Court order on Dobie’s Girlfriend’s Apartment’s Home Phone.” E-mail from Breck McDaniel to ADA Dan Rizzo.

The phone records referenced in the application and proposed order had already been obtained by the U.S. Marshal’s office under an exigency exception, but it was customary to provide the company with an order authorizing release of the records after the fact to provide the company cover. Even though they were clearly relevant to Brown’s alibi defense, Dockery’s home phone records were never turned over to his attorneys. It was not until 2013 that the phone records came to light.

According to the Raley Report, recovery of the e-mail was facilitated by the fact that in 2016, DA Kim Ogg authorized funds for conversion of old e-mail backup files (“digital linear tapes“), until then presumed destroyed, that were no longer readable with current technology. Raley wrote:

In 2016, the HCDAO IT department located a number of digital linear tapes thought to have been destroyed. The tapes were part of an inactive technology that was used sporadically from the 1990s to approximately 2008 to back up emails and documents saved to the network. Because the technology is outdated and no longer in use, the HCDAO no longer possessed the hardware or software to read the tapes. Initially, it was believed that email evidence in the Brown case had been disclosed or was long ago destroyed. Upon taking office, the Ogg administration authorized payment for “conversion” of that data. The search conducted in Brown’s civil case [filed 6/8/2017] called for production of all communications, and it was this data set that produced the April 22, 2003 email.

John Wesley Raley [3/1/2019]. “Report of Special Prosecutor John Raley to District Attorney Kim Ogg Regarding Alfred Dewayne Brown.”

Rizzo claimed he never saw the e-mail or the records.

Dan Rizzo has no recollection of ever seeing the e-mail that was read, but when you look at the e-mail, it didn’t attach the critical records that we’re talking about here today. It says that there are records, but those records are not attached to it.

Press release [5/9/2018] by Chris Tritico upon filing in Brown’s civil case by County arguing that the records were inculpatory, not exculpatory, because they showed a 3-way call originating from the VA, where Brown denied being at the time of the call.

Rizzo told the Houston Chronicle in 2014 that it wasn’t even possible to obtain records showing details of local landline calls.

At that time, we couldn’t get phone records like that. Unless they were long-distance calls, we just couldn’t get those kinds of records.

Dan Rizzo in 2014, as reported by Brian Rogers of the Houston Chronicle [11/5/2014]. “Appeals court tosses capital murder conviction in death of HPD officer.”

His lawyer blamed McDaniel for not placing the records in the file (McDaniel claims the record in his garage was a personal copy he made before placing the original in the file). His attorney said:

There is no evidence suggesting that Dan Rizzo suppressed or denied the Defense any evidence in this case. The phone record the subject of the grievance was not provided to Dan Rizzo at any time, and the person who should be investigated, who everyone should be asking questions of, is Breck McDaniel, who somehow miraculously found this in his garage 13 years after the fact. What we know is that Breck McDaniel obtained the record, he was the only one who knew how to read the record, and then put it in his garage. […] Breck McDaniel knew what this was and he never provided it to anyone. He didn’t log it into evidence with the Police Department, he didn’t log it into evidence with the DA’s Office; he merely put it in his garage and held it there for 13 years. Dan Rizzo acted with honor and professionalism. It’s time to leave Dan Rizzo alone…

Press release [1/21/2019] by Chris Tritico upon the announcement that the Texas State Bar dismissed the grievance filed against Rizzo by Kim Ogg’s office.

Raley disagreed.

After he made a personal copy, McDaniel immediately filed the original Dockery landline records in the official HPD file. Both Deputy Hunter and HPD Officer D.L. Robertson have confirmed that they personally saw McDaniel file the original Dockery landline records. […] Rizzo has no basis whatsoever for his allegations against McDaniel, a retired Houston Police Officer who served our community with honor. McDaniel’s conduct throughout supports his character of integrity. He filed the original Dockery records while retaining a personal copy for his own use in the investigation. Years later, when the original records could not be located, he volunteered that he may have a personal copy in his garage. He looked for his personal copy, found it, and turned it over to the new prosecutor in the case. McDaniel’s ethical actions in this case stand in stark contrast to Rizzo’s unethical actions. […] Whether Rizzo has a memory now of going to Court on an application is irrelevant. Whether Craig Goodhart faxed the application is irrelevant. Rizzo is the only named recipient of the McDaniel email which described in detail the exculpatory evidence. The application and order which were filed were verbatim copies of the forms attached to the McDaniel email, except for the deletion of the citation to the Code of Criminal Procedure – the very thing McDaniel requested in his email for Rizzo to check. Rizzo admits he personally signed the form of application which was requested by McDaniel’s email. McDaniel later noted in the official HPD Offense Report that Rizzo was involved in obtaining the records. McDaniel also noted that he explained the meaning of the records that had been obtained to Rizzo.

Grievance Letter [6/4/2019] from John Raley to State Bar of Texas.

James Koteras, Grand Jury Foreman

Rather than serve as a shield against wrongful prosecution, they acted like a 17th Century Star Chamber.

Raley Report [3/1/2019].

Kim Ogg

[3/1/2019] Announcing Raley’s report declaring Brown’s “actual innocence.”
  • Accused by Houston Police Officers Union and certain Republicans of suspect connections to George Soros.
    • Billionaire Soros makes $500K ad buy for Democratic DA candidiate Ogg. Houston Chronicle [10/27/2016] (“‘[Kim Ogg] has abandoned the values and standards of our community to become a puppet for those whose clear agenda is to corrupt the rule of law in Harris County,’ Blakemore [Incumbent Republican District Attorney Devon Anderson’s political consultant] said.”)
    • Alan Greenblatt [April 2017]. “Law and the New Order: A Fresh Wave of District Attorneys Is Redefining Justice.” (“Ogg is part of a wave of reform-minded prosecutors elected nationwide in 2016 in major jurisdictions including Chicago, Cleveland, Denver, Orlando, Tampa, Jacksonville and St. Louis. Many, including Ogg, had significant financial backing from liberal donor George Soros. They didn’t run on identical platforms, but each promised some form of change, whether it was skepticism about the death penalty and nonviolent drug cases, or greater scrutiny when police shoot unarmed suspects.”)
    • Murray Newman [6/14/2017]. “Kim Ogg’s Difficult Position.” (“Although Ogg ran as a Democrat with a significant amount of funding from George Soros, a vocal death penalty opponent, she has significant ties to the law enforcement community. Her past history as a prosecutor and subsequently CrimeStoppers made her a familiar and popular figure with the police, back in the day. Some of Ogg’s policies have strained those old ties to her police friends, and I’m sure she has no desire to strain them further. If she adopts the official position that Brown is actually innocent, she will be causing some irreparable damage to her relationship with the police — specifically HPD Homicide.”)

On October 27, 2016, during an event in Houston at which Mr. Brown and I were both present, Defendant Ogg indicated to us personally that she would undertake a very serious review of the case and Mr. Brown’s compensation petition if she were elected.

Brian Stolarz [9/26/2017]. Declaration in Support of Plaintiff’s Opposition to Defendants’ Motion to Dismiss.

Why would DA Ogg name Alfred Brown actually innocent? She reviewed this case for over a year. A year! Before hiring a special prosecutor to handle this. It’s our opinion that, at best, she has been completely incompetent in handling this case and, at worst, she’s politically motivated to allow Alfred Brown to walk free to curry favor with people that she made promises [to] as Candidate Ogg. She met with them prior to even becoming DA, saying she’s going to look at this case. Either way, it’s completely unacceptable for the DA of one of the largest counties in the nation to conduct her business in this manner.

Joe Gamaldi [3/1/2019]. “Union Responds to Alfred Brown Case.” KHOU 11, video, 23 min, 38 sec.

Look at the attorneys who are working with Alfred Brown. Follow the trail. If you think that this isn’t going to put one more feather in John Raley’s hat for [air quotes] getting innocent people out of prison, which he didn’t–Lisa did– If you think that that’s not going to do something for John Raley, of course it is. These are political favors, I’m telling you! I texted one of the reporters who are sitting here and I said, if Jim Lightner (sp?) is up there, ask him if he believes he’s actually innocent, because I know he’s read the report. Conveniently, he wasn’t there. Great man, by the way.

Ray Hunt [3/1/2019]. “Union Responds to Alfred Brown Case.” KHOU 11, video, 23 min, 38 sec. (responding to reporter’s inaudible question.)

Compensation/Actual Innocence

Oral argument before the Supreme Court of Texas on Oct 29, 2020.

The Comptroller describes the eligibility determination as a gatekeeping function that protects the public fisc from wrongful payments and argues that he must not only determine whether the application documents are the types of documents the statute requires but also whether those documents are legally valid. While the Legislature could have made such a policy choice, that is not the scheme the Legislature enacted. Instead, the Legislature erected stringent substantive and procedural hurdles to help protect the public purse while at the same time ensuring reparations are made to the wrongfully imprisoned. In that scheme, the judiciary is cast in the role of the gatekeeper, and by requiring a finding of actual innocence, the Act ensures a claimant is “within the ‘narrow class of cases’ implicating a fundamental miscarriage of justice.”
The Tim Cole Act’s administrative process for settling wrongful-imprisonment claims reflects a balancing of policy choices. And in that balance, criminal courts are charged with determining their own jurisdiction to issue an actual-innocence order. When the judge of a proper court signs such an order, the statute requires the Comptroller to accept the court’s legal and factual determinations. “The imperfection of humanity means that the state may make mistakes, but that possibility does not vitiate the government’s interest in avoiding injustice.”
Under the statute as enacted, the Comptroller can determine only whether the required dismissal order has been issued, not whether it was correctly issued as a legal or factual matter. Whether this division of authority adequately protects the public fisc while serving the ends of justice requires a weighing of interests that is committed to the Legislature. Our only objective is to ascertain legislative intent as expressed in the statutory language. Affording the Act the meaning its language plainly dictates, the Comptroller exceeded his ministerial duty by looking beyond the verified documents to reverse the district court’s determination that it had jurisdiction to clear Brown’s name by amending the original dismissal order to declare him actually innocent.

Opinion of the Supreme Court of Texas conditionally granting writ of mandamus (12/18/2020).

Source Documents and References

  • Criminal History Conviction Search (Brown, Alfred Dewayne). Texas Department of Public Safety. Showing three prior arrests, all by Houston Police Department, unrelated to the murders: 11/21/2000 {Possession of < 2 oz. of Marijuana}; 7/19/2001 {Charge 1 of 2: Possession of less than < 1 gram of a controlled substance; Charge 2 of 2: Assault on family member causing bodily injury}; and 1/8/2002 {Possession of between 1 and 4 grams of a controlled substance}.
  • Judgment Adjudicating Guilt [8/10/2001] – marijuana possession charge.
  • Judgment on Plea of Guilty [8/10/2001] – Assault – Family Member – 45 days in jail.
  • ACE Cash Checking door and alarm log [4/2 – 4/3/2003].
  • Current Information Report” [4/4/2003] regarding statement of Leo Benavidez Foisner, owner of the Kwik Kash on Telephone Rd, who says that he saw two black men earlier in the morning just before the robbery/murders and he suspected they were preparing for a robbery, and he displayed his .380 caliber pistol, which deterred them.
  • Witness Statement of Leslie Lee Jernigan [4/3/203 11:20 a.m.] , saying he was headed eastbound on the South Loop and had just crossed over SH 288 when he saw Officer Clark get shot at the check-cashing place at his right.
  • Witness Statement of Latonya Hubbard [4/3/2003 3:36 p.m.] saying she saw Deuce [Ernest Tyrone Mathews], Ghetto, and Shawn at the gas station on the corner of Alameda and Telephone Rd at around 7:45 a.m. on the day of the murders; says sister Alicia Hubbard said that “Ju Ju” [George Morgan Powell] told her that DaShan Glaspie, Elijah Joubert, and “Deuce” [Ernest Tyrone Mathews] were the perpetrators of the robbery/murders.
  • Witness Statement of Natisha Price [4/3/2003 3:47 p.m.] saying she was with sister Latonya Hubbard at 7:30 a.m. getting gas at the corner of Almeda and Telephone Rd and saw DaShan Glaspie and Elijah Joubert.
  • Autopsy Report on the Body of Alfreda R. Jones (gunshot wound to the head) [4/3/2003].
  • Witness Statement of Ericka Jean Dockery [4/4/2003].
  • Audio Transcript of police statement of Elijah Dewayne “Ghetto” Joubert [4/4/2003].
  • Witness Statement of George Morgan “Ju-Ju” Powell [4/5/2003 11:20 a.m.], saying that Doby arrived at the complex in DaShan’s girl
  • Witness Statement of Lamarcus Colar [4/5/2003 1:14 p.m.]
  • Grand Jury Testimony of Ericka Jean Dockery [4/21/2003].
  • Application [4/24/2003] by Assistant District Attorney Dan Rizzo for order of verbatim call records for Ericka Dockery’s landline.
  • E-mail from Breck McDaniel (HPD homicide investigator) to Dan Rizzo with subject “Court order on Dobie’s Girlfriend’s Apartment’s Home Phone” attaching proposed application and order for phone records (which HPD had already obtained through the U.S. Marshals, but for which an order was sought to provide cover for the phone company), with acknowledgment of exculpatory evidence: “I was hoping that it would clearly refute Erica’s claim that she received a call at work… But, it look like the call detail records from the apartment shows that the home phone dialed Erica’s place of employment on Hartwick Street at about 8:30 A.M. and against at 10:08 A.M.”
  • Phone Records of Ericka Jean Dockery [4/23/2003]
    • Affidavit of Ben Levitan [6/29/2018] analyzing Dockery phone records (concluding that at 10:07 a.m., Williams apartment landline called Dockery’s landline, which a minute later 3-wayed Alma Berry’s residence landline; both calls end at 10:10 a.m.).
  • Complaint against Ericka Jean Dockery [8/22/2003] of Pat Smith, Harris County District Attorney Investigator who “read the official transcript of the grand jury testimony of the defendant Erica [sic] Jean Dockery where the defendant testified ….on April 21, 2003… on two occasions before the above grand jury that her then boyfriend, Alfred Brown, was present in her residence at 8:30 a.m. on April 3, 2003. … Affiant believes that the testimony of the defendant is material in that it is inconsistent with Alfred Brown’s guilt in that it would help give Alfred Brown an alibi for said capital murder.”
  • Trial testimony of Sheikah Mohammed Afzal, employee of Affordable Furniture.
  • Trial testimony of Shoukat Hussein, employee of Affordable Furniture.
  • Trial testimony of Ericka Dockery, Alfred Dewayne Brown’s girlfriend when the robbery/murders occurred.
  • Trial Testimony of Alma Berry, employer of Ericka Dockery [10/12/2005].
  • Trial testimony of Sharhonda Simon, mother of Alfred Dewayne Brown’s daughter.
  • Trial Testimony of Alisha Renee Hubbard.
  • Trial Testimony (partial) of Breck McDaniel, homicide investigator [10/14/2005].
  • Trial testimony of witness regarding door open/close logs.
  • Transcript of Hearing on Motion for New Trial [Michael Weiner, Dashan Glaspie, and Patrick Smith] [1/4/2006].
  • Affidavit of Loretta Johnson Muldrow [8/28/2008], defense co-counsel, describing Brown’s murder trial (“Rizzo… call[ed] me a liar 3 times, and threaten[ed] [“I will remember this”] me over defense objections while delivering his closing summations to the jury during the guilt innocence phase.”)
  • Affidavit of Robert A. Morrow [9/30/2008], appointed lead defense counsel, describing murder trial (“The State finally came to offer 40 years and we did want Mr. Brown not to risk death in light of that offer. We encouraged anyone close to him to try to talk with him about this.”)
  • Affidavit of Elijah Dewayne Joubert [4/22/2008] saying he did not see Albert Dewayne Brown on the day of the robbery/murders.
  • Affidavit of Latonya Hubbard [8/7/2008], alleging she changed her statement based on misconduct by Assistant District Attorney Dan Rizzo.
  • Affidavit of Lamarcus Ray Colar [12/9/2008] saying he mistook J.D. for Doby, because they look alike, which is why he told the police that Doby was the one with Shon and Ghetto on the morning of the shooting.
  • Supplement to Motion for Forensic and DNA Testing [5/14/2009] with exhibits (74 pages).
  • Brown v. State, 270 S.W.3d 564, 570 (Tex. Crim. App. 2008) (affirming sentence of death on automatic appeal)(“[Brown] decided, with Dashan Glaspie and Elijah Joubert, to rob the tellers at a check-cashing business. Joubert and [Brown] were supposed to go inside while Glaspie would act as the lookout and getaway driver. They arrived at the business as it was about to open, but the owner stymied their scheme when he displayed a handgun. Not persuaded to abandon their plan altogether, the group decided to try again at a second check-cashing store. … [Brown] shot Officer Clark, and Joubert shot Jones, accusing her of tipping off the police. Both victims died. As part of a plea agreement, Glaspie later testified against appellant and Joubert in separate capital murder trials.”).
  • Ex Parte Brown (2014) (vacating Brown’s conviction and sentence and remanding for new trial on agreed findings).

1 Comment on "The case of Alfred Dewayne Brown"

  1. Patrick McCabe | September 4, 2020 at 6:09 am | Reply

    Damn good work.

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