Half brothers freed after 3 decades in prison in US girl's killing; DNA evidence clears them

Jonathan Drew / The Associated Press
September 3, 2014 05:07 AM

CORRECTS IDENTIFICATION TO HENRY, NOT JAMES - Henry McCollum is followed by reporters as he leaves court following his release from Central Prison in Raleigh, N.C., on Wednesday, Sept. 3, 2014. McCollum spent more than 30 years on death row for a rape and murder he didn't commit. On Tuesday, a judge overturned the convictions of Henry McCollum, 50, and Leon Brown, 46, in the 1983 rape and murder of Sabrina Buie, citing new DNA evidence showing the 11-year-old girl may have been killed by another man. (AP Photo/Michael Biesecker)

RALEIGH, N.C. - North Carolina's longest-serving death row inmate and his younger half brother are now free men, three decades after they were convicted of raping and murdering an 11-year-old girl who DNA evidence shows may have been killed by another man.

Henry McCollum, 50, hugged his weeping parents Wednesday at the gates of Central Prison in Raleigh, a day after a judge ordered his release, citing the new evidence in the 1983 slaying of Sabrina Buie. His half brother, 46-year-old Leon Brown, was later freed from Maury Correctional Institution near Greenville, where he had been serving a life sentence.

"I knew one day I was going to be blessed to get out of prison, I just didn't know when that time was going to be," McCollum said. "I just thank God that I am out of this place. There's not anger in my heart. I forgive those people and stuff. But I don't like what they done to me and my brother because they took 30 years away from me for no reason. But I don't hate them. I don't hate them one bit."

Brown declined to be interviewed following his release, saying through his attorney he was too overwhelmed. He hugged his sister outside the prison before asking to go for a cheeseburger and milkshake.

"We were just looking at each other and just smiling," said Ann Kirby, one of Brown's lawyers. "We may have been smiling too hard to say anything."

During his long years on death row, McCollum watched 42 men he describes as brothers make their last walk to the nearby death chamber to receive lethal injections. If not for a series of lawsuits that has blocked any executions in North Carolina since 2006, McCollum would have likely been put to death years ago.

He often lay awake at night in his solitary cell, thinking of the needle.

"I'd toss and turn at night, trying to sleep," he said. "Cause I thought ... these people was going to kill me."

Superior Court Judge Douglas Sasser overturned the convictions Tuesday. He said another man's DNA being found on a cigarette butt left near the body of the slain girl contradicted the case put forth by prosecutors.

The ruling was the latest twist in a notorious case that began with what defence attorneys said were coerced confessions from two scared teenagers with low IQs. McCollum was 19 at the time, and Brown was 15. There was no physical evidence connecting them to the crime.

Defence lawyers petitioned for their release after a recent analysis from the discarded cigarette pointed to another man who lived near the Robeson County soybean field where Buie's body was found. That man is already serving a life sentence for a similar rape and murder that happened less than a month later.

The men's freedom hinged largely on the new local prosecutor's acknowledgement of the strong evidence of their innocence.

Robeson County District Attorney Johnson Britt said Wednesday he is now considering whether to reopen the case and charge the other man with Buie's killing. The Associated Press does not generally disclose the names of criminal suspects unless they are charged.

The day-long evidence hearing held in Lumberton on Tuesday included testimony from Sharon Stellato. The associate director of the North Carolina Innocence Inquiry Commission discussed three interviews she had over the summer with the 74-year-old inmate whose DNA matched that found on the cigarette butt.

According to Stellato, the inmate changed his story about knowing the girl. But later he told them he saw her the night she went missing and gave her a coat and hat because it was raining, Stellato said. He told the commission that's why his DNA may have been at the scene. Stellato said weather records show it didn't rain the night Buie went missing or the next day.

Stellato also said the man repeatedly told her McCollum and Brown are innocent, but still denied involvement in the killing. Their attorneys say DNA from the cigarette butts didn't match either man.

Brown and McCollum both were initially sentenced to death but those were overturned. At a second trial, McCollum was again sent to death row, while Brown was convicted of rape and sentenced to life.

The men were not from wealthy families and their loved ones quickly exhausted their ability to pay for their legal defence. The case was taken up by the Center for Death Penalty Litigation, a non-profit law firm that provides direct representation to inmates on North Carolina's death row.

Upon his release, McCollum expressed his belief that there are still other innocent men on the inside. He is at least the seventh death row inmate freed in North Carolina since 1976, the year the death penalty was reinstated by the U.S. Supreme Court.

McCollum said he won't allow himself to focus on the past, on all the life in the outside world he missed. He plans to someday work with young people, to try to keep as many as he can from ever ending up inside a prison.

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Associated Press reporter Jonathan Drew contributed to this report.

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See AP video of McCollum's release at http://apne.ws/1ppFim1

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Follow AP writer Michael Biesecker at Twitter.com/mbieseck


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