Chapter Seven: Get Out of Jail Free

There have been several inmates released from death row in Texas on the grounds of actual innocence.  This section discusses several which occurred prior to Gov. Bush’s tenure, and one which occurred during his governorship.  The cases which occurred prior to his tenure are relevant since it was the pre-Bush system which generated the inmates slated for execution “on his watch.” 

Joyce Ann Brown rented the getaway car for a robbery/murder which occurred in Texas.  Police proceeded to arrest her.  Unfortunately, they arrested and convicted the wrong Joyce Ann Brown, not the renter of the getaway car, but another Joyce Ann Brown who was not involved in the murder.  Ms. Brown was freed after 60 Minutes exposed the error.

Randall Dale Adams was arrested for the capital murder of a police officer although all evidence pointed to a juvenile offender Mr. Adams had spent one day with partying.  Manipulated evidence and purchased testimony assured Mr. Adams’s conviction, and bogus psychiatric testimony assured his death sentence.  Documentary film maker Errol Morris publicized the case and Mr. Adams was eventually freed.

Clarence Brandley was one of two custodians who discovered the body of a teenaged white girl who had been raped and murdered.  The Texas Ranger investigating the case said to the two janitors, “One of you is going to have to hang for this.”  Then turning to Mr. Brandley, he said, “Since you’re the nigger, you’re elected.”  Mr. Brandley was later convicted of the crime based on dubious police work, coerced testimony, and destroyed evidence of innocence.  When several people later came forward to finger the actual killer, Mr. Brandley was freed.  The real murderer was never apprehended, and no official was punished for wrongdoing in the case.

Federico Macias was charged with a double murder and defended by an attorney who was paid $11.84 per hour.  Not surprisingly, he was found guilty despite strong evidence of his innocence.  When a powerful law firm took over his case, devoting $1,000,000 to it, his innocence was finally established and Mr. Macias was freed.

Kerry Max Cook was convicted of a rape/murder although most evidence pointed to the victim’s lover, an established man in the community.  The trial was characterized by rampant prosecutorial misconduct: evidence of the lover’s guilt was suppressed, and evidence of Mr. Cook’s guilt was manufactured.  The state refused to provide DNA testing as it became available.  After 20 years in jail, Mr. Cook was granted a new trial, and the state granted his freedom due to insufficient evidence.  Two months after his release, DNA testing established authoritatively that he was not the murderer.  Nevertheless, Gov. Bush refused to grant him a pardon. 

Frighteningly, the Texas death penalty system which sent Gov. Bush condemned inmates for execution was also the death penalty system which wrongfully convicted several condemned inmates.