The 2005 conviction and death sentence of Alfred Dewayne Brown in Texas was thrown out on Wednesday by the highest criminal court in the state. In its ruling, the Texas Court of Criminal Appeals found that the Harris County District Attorney’s Office withheld material evidence favorable to Brown’s case. The court has sent the case back to the lower court for a new trial. The D.A. will now have to decide whether to retry Brown for the alleged murder in 2003 of a veteran Houston police officer. Brown has consistently maintained his innocence, claiming he was at his girlfriend’s apartment during the shooting.