LUFKIN, TX (KTRE) -
After more than 15 years behind bars for a crime that a
convicted murderer claims he did not commit, the Texas Court of Criminal
Appeals has ordered he be released from state prison.
According to Gena Bunn, the attorney for Kenneth Boyd Jr.,
Boyd could be released as soon as Monday.
In the court's opinion, they ruled Boyd be released to the
Shelby County Sheriff. Bunn said it is her understanding that District Judge
Charles Mitchell has signed a PR bond, which will allow Boyd to return home,
pending any further prosecution.
"Basically, it's like he's in the indictment stage and
waiting for trial again," Bunn said.
However, as District Attorney Kenneth Florence has
re-opened the murder investigation, it is possible the case against Boyd could
be dropped.
Bunn filed a Writ of Habeus Corpus in June, a document
asking for freedom due to injustices. Mitchell signed the order, recommending
the life sentence be vacated.
The order cites a pattern of prosecutorial misconduct
including suppressed items of evidence and false testimony. These are some of
the same issues that led to the appeals court throwing out Boyd's co-defendant,
Rodney Moore's life conviction.
Boyd was whisked away in 1999 following his life sentence
for capital murder.
To this day he maintains his innocence, along with three
co-defendants.
Witnesses say he was in Jacksonville, not Center, When
Brian Brooks, Percy Moore and a sleeping 13-year-old Christy Calhoun were
gunned down in 1997.
He even passed a polygraph.
But recommendation for relief extends way beyond that.
Facts and conclusions of law are listed in an order signed
by District Judge Charles Mitchell.
It cites the use of jailhouse snitches high on crack, lying
witnesses, and suppressed evidence on the part of then-District Attorney Karren
Price.
The court disagreed with Mitchell on relief based on
innocence, but they did conclude the conviction was invalid based on suppressed
evidence.
"Since I became involved two years ago, the more I saw
what I believed to be a grave injustice," Bunn said. "This was a
reaffirmation in my belief in the system. At least at this point he is going to
get the relief he deserves."
Bunn said it was Boyd's mother's persistence in the case
which got Boyd out of prison.
"It was really her who basically wore them out until
they appointed counsel for Kenny," Bunn said.
Boyd's mother suffered a heart attack on Thursday. Bunn
said she is in stable condition at a Tyler hospital.
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