A Travis County state district judge on Thursday ordered the release of Alvin Stewart, who was convicted over two decades ago for the killing of his middle school teacher. The release comes as the Texas Court of Criminal Appeals reviews what the district attorney’s office described as an “unfair trial.”
Stewart, now 40, will be freed on a $1 bond while the appellate court considers his case. The decision follows Stewart’s claims that his original defense failed to disclose and investigate the history of sexual abuse he endured from his seventh-grade teacher and victim, Philip Randolph Thomas.
Judge Apologizes for Failures
In a rare and emotional moment, 299th District Judge Karen Sage apologized to Stewart, first in open court and then directly at his table.
“All of the systems failed you,” Sage said. “The educational system failed you, the justice system certainly failed you, and I know that what we do here today can’t really make up for that, and I apologize. Mr. Stewart, I am so sorry that we failed you so badly.”
Stewart, overcome with emotion, did not respond during the hearing or a subsequent news conference.
Abuse Allegations Emerge
Court documents reveal that Thomas began grooming and sexually abusing Stewart when he was a student at Pearce Middle School. This abuse, Stewart said, continued into adulthood until he killed Thomas in August 2000 at Thomas’ North Austin apartment and stole a VCR. Stewart was 18 at the time of the incident and later sentenced to 65 years for manslaughter and robbery.
Over the course of four hearings this year, testimony from Stewart, his original defense attorney, prosecutors, and Thomas’ former students and colleagues detailed the extent of the abuse. Stewart’s lead attorney, Robert Allen Daniel, argued that if the jury had been aware of the abuse, Stewart might have received a lesser sentence or been found not guilty.
A Path to Freedom
The conviction review began after former prosecutor Jim Young, who tried the case in 2003, flagged Stewart’s case to the district attorney’s office. Young, moved by a letter Stewart sent over a decade ago expressing remorse and detailing the abuse, believed no jury would have imposed a 65-year sentence if they had known the full story.
Despite Young’s request at the time, no action was taken until 2021, when District Attorney José Garza’s administration launched an investigation. Prosecutor Holly Taylor, speaking at Thursday’s hearing, noted this was the first time a former Travis County prosecutor had requested a wrongful conviction review.
“Jim Young believed a serious miscarriage of justice may have occurred,” Taylor said, explaining that Young’s visit to Stewart in prison cemented his belief in Stewart’s honesty and integrity.
Awaiting a Final Decision
The Texas Court of Criminal Appeals will now determine Stewart’s future. Options include ordering a retrial, resentencing, or even returning him to prison to complete his original sentence, which would end in 2065.
Meanwhile, Stewart’s defense team and family expressed gratitude for his release.
“Alvin is incredibly grateful to be given a chance to have a life again,” defense attorney Tara Lynn Witt said. “But he also recognizes that the victim’s family still lost someone they loved.”
For now, Stewart looks forward to being reunited with his loved ones as he awaits the final decision in his case.
- New Bills Aim to Bring High-Speed Rail to Texas I-35 Corridor by 2025 - November 23, 2024
- November 22 Scores: Texas High School Football Playoff Action in the 2nd Round - November 23, 2024
- Austin Simplifies Cold Weather Shelter Activation Process for Increased Accessibility - November 23, 2024