HOUSTON – An inmate who sat on death row for 10 years before he was freed “bluffed his way out of prison,” Harris County prosecutors said in a motion filed Tuesday to dismiss the ex-prisoner’s lawsuit.
Alfred Brown was freed from prison in 2015 after the state’s highest criminal court ruled his rights were violated by prosecutors who failed to show phone records supporting his alibi in the 2003 deaths of Houston police Officer Charles Clark and store clerk Alfredia Jones.
WATCH: New allegation in review of release of former death row inmate
Brown filed a lawsuit in 2017, accusing authorities of violating his rights to due process and a fair trial by fabricating evidence, failing to disclose evidence and concealing evidence.
Harris County prosecutors filed a motion to dismiss Brown’s lawsuit, claiming that a review of the phone records “calls into doubt everything he has said for the last half-decade,” according to court documents.
According to the documents, Brown claimed that a phone call he made from his girlfriend’s apartment at the time of the slayings proves his innocence. However, prosecutors claimed in their rebuttal that the phone call was actually a three-way call from the apartment of another woman “as Brown and his two co-murders gathered with her to destroy evidence and watch news coverage of their exploits,” prosecutors said in the documents.
Prosecutors also said that they had no duty to produce the evidence because it is considered inculpatory -- evidence that shows or tends to show a person’s involvement in an act, according to the documents.
“The very documents that secured Brown’s freedom may become his undoing,” prosecutors said in the motion to dismiss.
Harris County District Attorney Kim Ogg announced last week that she has ordered an independent review of Brown’s actual innocence case.
Devon Anderson, the Harris County district attorney at the time of Brown's release, dismissed the capital murder charge against him, but declined to make a determination as to Brown's innocence.
When he was freed, Brown said he did not commit the crime, but he knew the people who did.
Elijah Joubert was convicted of capital murder in the 2003 case. He is awaiting execution.
Dashan Glaspie is serving 30 years in prison after being convicted of aggravated robbery in the case.