Prosecutors Delay Scheduled Release of Albert Wesley Brown

Tuesday, October 16th 2001, 12:00 am
By: News On 6

WAGONER, Okla. (AP) _ Citing a poor prison record, prosecutors delayed plans Tuesday to release a man whose murder conviction was thrown into question by DNA testing.

Albert Wesley Brown, 39, was expected to be released after a new DNA test proved critical evidence against him in a 1981 murder case was false.

But revelations of 44 prison infractions, including allegations he conspired with others in the stabbing of another inmate, led prosecutors to withdraw from an agreement to release him. The infractions did not lead to new criminal charges.

District Attorney Dianne Barker Harrold said prosecutors want to make sure he is placed in a program after his release to ensure his success in society. Another hearing has been set for Oct. 30.

``It's to make sure we have a program ready for him,'' Harrold said. ``He's got some anger issues and authoritative issues.''

Prosecutors agreed to the release earlier this month after DNA testing showed that hair evidence used to convict him in 1983 wasn't a match.

Brown remains a suspect in the slaying of retired Tulsa firefighter Earl Taylor. But prosecutors have requested six months to decide if enough evidence exists to retry him.

Brown has always maintained his innocence, said his brother Jeff Brown.

He was the first to apply when the state gave inmates the right last year to seek DNA testing that wasn't available when juries sent them to prison.

Investigators believed Taylor was killed after interrupting a burglary at his Sallisaw home. His body was found in Fort Gibson Lake. His arms and hands had been bound, a gag was in his mouth and a rock had been placed on his chest.

Prosecutors contended that hair found in the gag was linked to Brown. But new DNA analysis, conducted under Oklahoma's DNA Forensic Testing Program, found the hair was not his.

DNA tests also proved false an investigator's testimony that four hairs found in the trunk of a car driven by Brown were consistent with the victim's.