The United States Court of Appeals for the Fifth Circuit granted Michael Thompson, 51, a new trial on Wednesday, ruling that newly available DNA evidence could exonerate him in the 2012 murder conviction. Thompson, who has spent nearly 14 years on death row, will remain incarcerated pending a retrial.
The appeals court found that advanced DNA testing of evidence from the crime scene, which was not available at the time of the original trial, points to another individual as the likely perpetrator. The testing was conducted using methods that did not exist when Thompson was convicted.
"This court finds that the newly available DNA evidence, had it been presented at trial, would likely have changed the outcome," wrote Circuit Judge James Graves in the 72-page opinion. "The state's case, while sufficient under the evidence then available, no longer appears conclusive."
Harris County District Attorney Kim Ogg acknowledged that her office had reviewed the case and found the DNA evidence concerning. "We are committed to ensuring that justice is served, and we will work with all parties to determine the appropriate path forward," Ogg said in a statement.
Thompson's defense attorney, Lisa Fernandez, called the ruling "vindication for a man who has always maintained his innocence." "Michael Thompson was convicted based on circumstantial evidence, while the real perpetrator's DNA was sitting in an evidence locker," Fernandez said.