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PIXELS 3 columns $20,000
bail posted 3.
Editor's Note / WHAT COULD HAPPEN
NEXT? According to DALE LEZON, Staff
reporter for the Houston Chronicle - the Court of
Criminal Appeals will reissue the opinion after
correcting any errors. If the court upholds Briggs'
conviction, her attorneys can ask the court to
reconsider. If the conviction is overturned,
prosecutors must decide whether to retry Briggs,
drop the charge or ask the court to
reconsider. anne.kilday@chron.com
peggy.ohare@chron.com 4.
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-106 Attorney Charles Portz Wins Freedom for Brandy
Briggs -- Houston Murder Case tossed After 5 years
in Jail
Photo:
Attorney Charles Portz, left in Photo, Wins
Freedom for Brandy Briggs -- Murder Case tossed
After 5 years in Jail. Segments of Mr. Portz's new
television show, "It Could Happen To You" -- are
featured on LookRadio.com -- Channel 13.
1.
Feature Story /
Dec. 24,
2005, 2:50PM /
Authorities in
Houston, Texas, scrambled to help get Brandy Briggs
out of prison after her case was tossed, said
Charley Portz to
tviNews.
Hong
Kong
Triad
/
"Jockey Club"
RadioPlayMusic
Brandy
Del Briggs, 24, whose conviction for the death of
her infant son, reported Anne Marie Kilday and
Peggy O'Hare of the Houston Chronicle, on December
24th 2005, was overturned last week, by the law
firm of Portz and Portz, clung tightly to her
mother Friday evening as she became a free woman
for the first time in five
years.
"I
just want to go home to my family, and for this to
finally be over with," said Briggs, who was greeted
by her mother, grandmother and a friend outside the
Harris County
Jail.
"I
thank (attorney) Charles Portz and my family for
allowing God to give them the strength to keep
praying."
Briggs
has been in prison for five years since she pleaded
guilty to injury to a child for the 1999 death of
her 2-month-old son, Daniel Lemons. She was serving
a 17-year
sentence.
The
Texas Court of Criminal Appeals last week tossed
out Briggs' conviction, ruling she had inadequate
legal
representation.
She
was discharged from the Harris County Jail's Inmate
Processing Center about 6:30 p.m., after leaving
the Lockhart prison in south central Texas at noon
Friday. The District Attorney's Office must decide
whether to bring Briggs' case to trial or drop the
charge against
her.
The
indictment against Briggs "is still standing," said
lawyer Chuck Portz, the son of Briggs' attorney
Charles Portz. "We are unsure what the status of it
is, whether or not they are going to retry the
case. In the event that it does go to trial, we
will be there behind
her."
On
Friday, Briggs seemed nervous as she answered
reporters' questions outside the jail. She said she
always believed that her release would come "one
day."
She
was nearly speechless, and seemed unsteady as she
leaned on her
mother.
Briggs'
mother, Shelbia Goss, 42, of Baytown, told
reporters: "I just want to get my child something
to eat and get her home."
When
they were reunited inside the jail, Briggs
"collapsed" into her mother's
arms.
Earlier
in the day, Briggs posted a $20,000 bond. Also,
Harris County jail officials and state District
Judge Mary Lou Keel spent several hours working on
a way to resolve a "detainer" that had been issued
by the Texas Department of Criminal
Justice.
That
detainer delayed Briggs' release for several hours,
causing even more emotion for her mother,
grandmother Charlene McGinty, and her friend Nan
Lafitte.
Lafitte
is godmother to Briggs' 5-year-old son Joseph. She
and her husband, Charlie, have been caring for the
little boy for the last few
years.
Briggs
conceived Joseph "very soon" after her first baby
died, Lafitte
said.
Before
the release, the three women decided that they
would make a quick shopping trip so that Briggs
would not have to leave jail in cast-off clothes or
prison garb. They raced from the jail to the
downtown Foley's, picked out several pairs of blue
jeans, a blue jean jacket, and red T-shirt for
Briggs.
Lt.
Michael Lindsay of the Harris County Sheriff's
Office said that Judge Keel made several phone
calls late Friday in an effort to secure Briggs'
release in time for
Christmas.
Lindsay
said he was "doing everything I can to release her
today."
He
said officials of the TDCJ were difficult to reach
because of the holiday
weekend.
"I
am sympathetic for anybody who is being held if
they are not supposed to be held," Lindsay
said.
Baby
had birth
defect
Briggs
pleaded guilty to a charge of injury to a child,
after her first child died in May 1999. The baby
had a birth defect in his urinary system. After
finding the infant limp and blue in his crib,
Briggs called 911 and the baby was taken to Lyndon
B. Johnson
Hospital.
At
the hospital, a breathing tube was mistakenly
inserted into his stomach rather than his lungs.
The baby's brain was deprived of oxygen for about
40 minutes, said Portz, Briggs' appeals
attorney.
The
death initially was ruled a homicide, and Briggs
was charged with murder. Briggs said she pleaded
guilty to a lesser charge because her lawyer at the
time, Richard Anderson, told her she would get
probation. Anderson has denied saying
that.
The
Harris County Medical Examiner's Office later
changed its initial ruling of homicide to
"undetermined" after concluding that Briggs' baby
showed no signs of
abuse.
After
the appeals court tossed out Briggs' conviction,
Judge Keel issued a bench warrant calling for
Briggs' return to Harris
County.
Such
warrants typically take up to two weeks to be
processed, and sheriff's officials had indicated
that Briggs would not receive any special
treatment. That decision, however, was apparently
reversed.
Josie
Cory
Publisher/Editor
TVI Magazine
TVI
Magazine, tviNews.net, YES90, Your Easy Search,
Associated Press, Reuters, BBC, LA Times, NY Times,
VRA's D-Diaries, Industry Press Releases, They Said
It and SmartSearch were used in compiling and
ascertaining this Yes90 news
report.
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106
Attorney Charles Portz Wins Freedom for Brandy
Briggs -- Houston Murder Case tossed After 5 years
in Jail
NEWS
Convergence - 02 Week of 2006 Winter
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/ Feature
Story / 106PortzBrandyNews.htm
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