TheStar.com | World | Evidence frees man from life in prison
Evidence frees man from life in prison
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Nov 17, 2008 09:38 PM

DALLAS–A man serving a life sentence in Texas for two sexual assault convictions while he was in high school has been freed because prosecutors withheld evidence that might have cleared him.

Antone Lynelle Johnson, 31, was sentenced to life in prison in 1996 for having sex with a 13-year-old when he was 17 and on probation for a prior assault.

Prosecutors withheld evidence that would have raised doubts in both cases.

One girl told prosecutors Johnson didn't rape her, and the other gave conflicting statements.

Johnson didn't find out about either comment until this year.

His grandmother, who raised Johnson, said she couldn't wait to see him.

Prosecutors in Dallas County, where 19 inmates have been exonerated by DNA evidence, supported overturning Johnson's first conviction and his life sentence.

Johnson was released after a state district judge recommended setting aside the conviction. A higher court will ultimately decide his case.

No criminal charge exists in Texas for a prosecutor who commits a "Brady violation."

It refers to a Supreme Court ruling that state prosecutors violate a defendant's constitutional rights if they intentionally or accidentally withhold evidence favourable to the defence.

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