ABILENE, TX — A three day hearing with over 15 testimonies that centers around a man who allegedly killed his wife. His defense is working towards getting him a retrial.
77- year-old Joe Bryan has served 3 decades behind bars for the murder of his wife Mickey Bryan a crime he claims he did not commit.
This hearing was held to re-examine the evidence used to convict Bryan in the 80's.
The court heard from Andrew McMullen, a district attorney who originally prosecuted Bryan. Other witnesses included a Texas Ranger, Chief of Police, as well as 4 character witnesses on day one.
According to Bryan's defense, the original evidence and case made by the state can’t withstand scrutiny. The defense also posed a possible suspect in the murder of Mickey Bryan whom they believe Clifton PD overlooked.
A Clifton citizen said, "When I started reading about this ..so many flags came up. The biggest to me was someone gonna drive to Clifton in the middle of the night and fire 4 shots with a 357 then leave and no one is going to see you or hear you. If this man is innocent let's get it right.”
On the last day, private attorney Alan Bennett was the first one to take the stand who specializes in appeals.
Bennett claims that a violation in due process and conflict of interest were present in Bryan's original trial.
The special prosecutor assigned to Bryan's trial also acted as a private attorney paid for by the victims family.
Baylor law professor Brian Serr also backed up the claim that the job of a prosecutor under oath is to 'seek justice'..not be committed to any particular member"
Serr believes acting as both attorney and prosecutor in the case can confuse the jury as well as have a degree of influence.
According to Serr on these grounds, it is a reasonable probability for appeal to the council.
The courtroom was full of family, friends, and citizens...who await the court's decision.
Bryan's longtime friend says, “I don't think there is any way anyway under gods green earth under heaven and sky that Joe Bryan could at any time hurt anybody.”
Although the hearing was expected to come to a conclusion due to pending DNA results no determination could be made at this time ..we will keep you updated with information as we get it.
