LABELS INSTEAD OF LISTING THEM AMONG THE INGREDIENTS.
>>> A MAN WHO SPENT NEARLY 20
YEARS IN PRISON FOR A MURDER HE
SAYS HE DIDN’T COMMIT AND
CHANNEL 2 INVESTIGATES HAS NEW
EVIDENCE THAT JUST MIGHT SET HIM
FREE.
FREE. >> BRANDON WALKER TAKES A CLOSER
LOOK AT THE PHOTOS AND THE PHONE
CALLS THAT MIGHT HELP DECIDE
THIS MAN’S FATE AS EARLY AS
TOMORROW.
TOMORROW. >> Reporter: ON THE OTHER SIDE
OF THE WALLS THAT ENCLOSE A
PRISON, TIME HAS ITS OWN FEEL.
IT CREEPS, CRAWLS AS THE
CONVICTED WAIT, HOPING TIME WILL
PASS.
PASS. SOME ARE GUILTY.
OTHERS SAY THEY’RE NOT.
YET HERE THEY ARE WAITING.
>> Reporter: BERG SERVED 19
YEARS OF A 70-YEAR SENTENCE,
CONVICTED IN 2000 OF KILLING A
MAN HE SAYS HE DIDN’T KNOW.
>> NEVER SEEN THE GUY.
NEVER MET HIM A DAY IN MY LIFE.
>> Reporter: LAST MONTH WE TOLD
YOU ABOUT EARL PERRY.
SHOT THREE TIMES IN A PARKING
LOT IN FIFTH WARD IN JUNE OF
1997.
1997. PERRY’S DEATH, PROSECUTORS
ARGUED, FOLLOWED A FIGHT OVER A
DICE GAME AND THE MEN WHO DID
IT, THEY ARGUED, LAMAR BURKS.
>> I HEARD ONE SHOT.
>> Reporter: AND CLAYTON BROWN.
BROWN COPPED A PLEA DEAL IN 2000
AND SERVE ADD FIVE-YEAR
SENTENCE, BUT NOW TELLS CHANNEL
2 INVESTIGATES THE PERSON WHO
FIRED THE FIRST SHOT WAS NOT
LAMAR BURKS.
LAMAR BURKS. WHO PULLED THE TRIGGER?
>> I PULLED THE TRIGGER.
AND DARAVIN PULLED THE TRIGGER.
>> Reporter: COURT DOCUMENTS
SHOW THEY CHARGED WHITAKER IN
THE DEATH, ALTHOUGH THEY LATER
DROPPED THE CASE, IN PART
BECAUSE WITNESSES, BROWN
INCLUDED, CLAIMED WHITAKER WAS
NOT AT THE SCENE.
SO WHY GIVE FALSE TESTIMONY?
NEWLY SWORN STATEMENTS GIVE AN
ANSWER, FOCUSING ON TWO DEA
AGENTS WHO WERE KEY.
>> THEY PRETTY DANGEROUS.
WHEN THEY AFTER YOU, THEY GET
YOU.
YOU. >> Reporter: IN AUGUST, A
FEDERAL JURY IN NEW ORLEANS
CONVICTED CHAD SCOTT ON SEVEN
COUNTS, FROM PERJURY TO
OBSTRUCTION OF JUSTICE AND
FALSIFYING GOVERNMENT RECORDS.
HIS CASE HAS RESULTED IN
CONVICTED FELONS HAVING THEIR
CHARGES DISMISSED AMID CLAIMS
SCOTT COERCED WITNESSES IN
GIVING FALSE TESTIMONY.
>> THEY WERE KNOWN AS KILLER
AGENTS.
AGENTS. IF YOU CROSSED THEIR PATH, YOU
BETTER WATCH OUT.
EVERYBODY WAS IN FEAR OF THEIR
LIFE.
LIFE. >> Reporter: THAT’S EXACTLY WHAT
KEY WITNESSES IN LAMAR BURKS’
CASE NOW SAY SCOTT DID TO THEM.
>> I NEVER SEEN HIM NOT ONE
TIME.
TIME. >> Reporter: IF BURKS WASN’T AT
THE CRIME SCENE, WHERE WAS HE?
>> I WAS? -- I WAS IN LOUISIANA.
ENROUTE TO MY SISTER’S WEDDING.
>> Reporter: HERE IS A PICTURE
OF BURKS AT HIS SISTER’S WEDDING
IN LOUISIANA ON JULY 4, 1997,
WHITE SHOOTING OCCURRED EARLY
THE MORNING OF JUNE 30, BURKS
SAYS HE SPENT THE WEEK LEADING
UP TO THE WEDDING IN LOUISIANA
WITH FAMILY.
WITH FAMILY. HIS LEGAL TEAM SAYS THIS PHONE
RECORD PROVES THAT.
BURKS, THEY SAY, PLACED A
COLLECT CALL TO HIS MOTHER FROM
LAKE CHARLES, LOUISIANA.
THAT PHONE RECORD HAD A TIME
STAMP OF 4:36, THE AFTERNOON OF
JUNE 29, HOURS BEFORE EARL
PERRY’S DEATH.
PERRY’S DEATH. >> MR. BERKS WAS CONVICTED BASED
EXCLUSIVELY ON FALSE TESTIMONY.
>> Reporter: MICHAEL NGUYEN IS
LAMAR BURKS’ ATTORNEY.
>> IT’S DISTURBING HOW SOMEONE
COULD BE CONVICTED OF SUCH A
LENGTH OF TIME BASED ON SUCH
FAULTY EVIDENCE.
FAULTY EVIDENCE. >> Reporter: LAMAR BURKS HAD TWO
FAILED APPEALS.
FAILED APPEALS. ALTHOUGH THE PICTURE AND PHONE
RECORD WERE NOT ADMITTED INTO
EVIDENCE DURING ANY OF HIS
PREVIOUS TRIALS, HE SAYS THEY
SPEAK TO REASONABLE DOUBT.
MAYBE TOO, FREEDOM.
>> A COVER-UP.
PLAIN AND SIMPLE.
>> Reporter: BURKS’ LEGAL TEAM
WILL INCLUDE THE PICTURE AND
PHONE RECORD DURING AN
EVIDENTIARY HEARING THAT’S
SCHEDULED TO BEGIN TOMORROW.
THE HARRIS COUNTY DISTRICT
ATTORNEY’S OFFICE STANDS BEHIND
ITS CASE AND SAYS ITS WITNESSES
WILL CONFIRM WHAT THEY’VE PROVEN
THREE TIMES ALREADY.