Convicted murderer Richard Bryan Kussmaul and the three co-defendants who testified against him 22 years ago are “actually innocent,” and Kussmaul should be freed from prison, a retired state district judge ruled Friday….
At a hearing in July, Long, Shelton and Pitts all testified that they gave false testimony against Kussmaul at his trial because a prosecutor promised them probation and a deputy coerced their confessions by threatening them with the death penalty….
Allen wrote in his four-page opinion that newly discovered DNA evidence that was not available at the time “constitutes clear and convincing evidence that no reasonable juror would have found (the defendants) guilty…”
“That is very good. I think that is the correct ruling,” [David Sheppard, an Austin attorney who represents Kussmaul] said. “The evidence just seemed overwhelming, with the DNA evidence having excluded these men from any contact whatsoever with these people.”
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