| On August 28, 2014, 28-year-old Michael Garza and 29-year-old Joe Thurman were charged with possession of cocaine in Houston, Texas, after they were arrested and white powder seized from them field-tested positive for cocaine
On September 2, 2014, both men pled guilty in Harris County Criminal District Court to possession of a controlled substance. Garza was sentenced to 10 months in Texas State Jail. Thurman was sentenced to two years in prison.
On September 21, 2014, the Houston Police Department crime laboratory tested the white powder that had been seized from the two men by police. The tests revealed that no controlled substances were present.
The lab notified the Harris County District Attorney’s Post Conviction Review Unit, which notified defense attorneys for Garza and Thurman.
On October 2, 2014, the prosecution and defense filed a joint motion requesting that Garza’s conviction be vacated on the basis of actual innocence. The motion was granted, the charge was dismissed and Garza was released.
On October 6, the prosecution and defense filed a joint motion requesting that Thurman’s conviction be vacated on the basis of actual innocence. The motion was granted, the charge was dismissed and Thurman was released.
– Maurice Possley
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