11 News Blog

This prosecutor has worked on some of the biggest criminal trials in the city, including the Andrea Yates case.
He has one of the best known faces in the Harris County District Attorney's office. Joe Owmby is a high-profile prosecutor, now in the middle of his own highly-charged court case.

"The conduct of this prosecutor was not accidental or unintentional," said defense attorney Jack Zimmerman.

Zimmerman is accusing the veteran assistant DA of prosecutorial misconduct.
His firm filed a writ of habeas corpus in the appeals case of Jonathon Drew, claiming that Owmby did not reveal a key witness was on probation.

"So the jury never heard this witness, has a motive to help the state in its prosecution of John Drew," said Zimmerman.

Drew was convicted in the rape and murder of Tina Flood in 1998. She was found mortally wounded in Drew's truck. He was also charged in other League City rapes.

Defense attorneys are also pointing to the Andrea Yates case, overturned because a prosecution witness gave false testimony and Josiah Sutton, overturned on faulty DNA evidence presented by Owmby.

"The same types of things, withholding evidence, misrepresenting true state of evidence happened in all three of these cases," Zimmerman said.
The motion refers to the 11 News investigation which uncovered the HPD DNA lab scandal and Owmby's response.

"Josiah Sutton is guilty and there's nothing wrong with his conviction," said Owmby in 2003.

Baldwin Chin is the appeals attorney representing the DA's office in this. He notes that many of these same issues have been reviewed and turned down by other judges.

"I think you have to show more than is being shown at this stage," said Chin.

"I hate to comment because I may have to testify," said Owmby. He then clearly said, "I didn't do anything wrong. But I don't want to get I into specifics."