Last week, lawyers for a Tennessee man filed a petition to overturn his murder conviction, saying their client is innocent and a key witness selected the wrong man from a highly suggestive photo lineup.
Adam Clyde Braseel has been in prison for over a decade for the 2006 murder of Malcolm F. Burrows. Prosecutors alleged Braseel lured Burrows from his home saying he had car trouble, then beat him to death and stole his wallet.
But, no physical evidence links Braseel to the crime and alibi witnesses accounted for his whereabouts at the time of the murder.
In addition, the former officer who found Burrows’ body stated in an affidavit accompanying Braseel’s petition that the victim’s wallet was, in fact, not stolen or missing from the scene, as other local law enforcement had claimed. Rather, the wallet was in Burrow’s pant pocket at the scene of the crime.
A key eyewitness in Braseel’s trial was Burrow’s sister Becky Hill, who was also attacked by the same man on the night of Burrow’s murder. According to Braseel’s attorneys, Hill was shown a photo lineup with images of men of varying age, only a few of which resembled her description of the perpetrator. Braseel’s attorneys call the lineup “unconstitutionally suggestive.”
“The whole theory of the trial . . . was based on knowingly perjured testimony,” Braseel’s attorney Alex Little wrote. “Mr. Braseel was connected to the crime by faulty and unconstitutional eyewitness identifications which his counsel failed to suppress.”
The petition was also accompanied by an affidavit from a juror from Braseel’s trial saying she didn’t believe that Braseel was guilty of the crime but she felt intimidated by the jury foreman into submitting a “guilty” vote.
“I believed then and I believe now that Adam Braseel is innocent of the charges that were brought against him,” the juror told the News Sentinel in May.
No hearing for Braseel has been set at this time.
Read the News Sentinel Coverage here.