Asked 1/19/2016 – Rio Grande City, TX

My husband was convicted on June 2015 on a conspiracy case. Months later I found proof that he is innocent. He was afraid to plea not guilty due to chances on a life sentence. I have pictures of the guilty person who is our in law with the same shirt and shoes only a week before the evidence video. The attorney would have easily seen that the suspect was not my husband due to skin color contrasts. Husband is fair skin, suspect is dark skin, if he would have paid attention. He did not explain everything to my husband and in court only whispered to him what to respond. He did not follow up with him after court to see if he wanted to appeal either. I was advised I could reopen the case with new evidence at a cost of 10-15,000 but we don’t have that kind of money, that is why we had a court appointed lawyer. I was also advised to do a email with the evidence video and pictures, and send it to his old attorney, judge assistant, district attorney ,state representatives etc. So someone can do something about it since they can’t ignore evidence.. What can be done?

Answer

The way to overturn your husband’s conviction is by filing a bill of review (assuming this is a state case and the time to file a motion for new trial has expired) on the grounds of newly discovered evidence. The Innocence Project is one means to help with legal representation. You might try contacting the State Bar of Texas, or the local Bar Association in the county where the conviction occurred to see if there are any resources available to you at a reduced cost.