ELIZABETH, N.J., May 15, 2007

DNA Frees Man Convicted Of Killing 2 Kids

Test Shows Neighbor May Have Committed Crime For Which Byron Halsey Served 2 Decades

  • Byron Halsey, second from right, walks with his brother, James, right, his mother, Eloise, second from left, and Innocence Project co-director Barry Scheck, left, outside the Union County jail in Elizabeth, N.J., Tuesday, May 15, 2007. Photo

    Byron Halsey, second from right, walks with his brother, James, right, his mother, Eloise, second from left, and Innocence Project co-director Barry Scheck, left, outside the Union County jail in Elizabeth, N.J., Tuesday, May 15, 2007.  (AP Photo/Mike Derer)

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(AP)  A judge threw out convictions Tuesday against a man who served more than two decades in prison for the rape and murder of two children after a DNA test showed a neighbor may have committed the crimes.

The new DNA evidence would probably have changed the verdict against Byron Halsey, said Superior Court Judge Stuart L. Peim, who vacated the verdict and granted a new trial.

"I just want to thank Jesus," Halsey said after walking out of the Union County Jail. He gave a quick embrace to one of his lawyers, then joined his mother and brother for long hug.

Prosecutors were expected to announce at a July 9 hearing whether they would pursue a new trial or drop the charges. Until then, Halsey was released on $55,000 bail and ordered to wear an electronic monitoring ankle bracelet.

"Today, we can say with scientific certainty that Byron Halsey is innocent," said Vanessa Potkin, a lawyer with the Innocence Project, which is representing Halsey. "It has taken more than two decades, but DNA has finally revealed the truth in this case."

Halsey, 46, was convicted in 1988 of murdering and sexually assaulting Tyrone and Tina Urquhart, the children of his girlfriend, with whom he lived at a Plainfield rooming house.

The bodies of Tyrone, 8, and Tina, 7, were found in the home's basement in November 1985.

Their mother, Margaret Urquhart, said in a statement issued through the Innocence Project she had doubted Halsey's guilt.

"I knew Byron loved Tyrone and Tina," Urquhart said. "It didn't make sense to me that he could have done this. I always had my doubts, but I didn't know what to do about them."

The new DNA test shows a neighbor, Clifton Hall, 49, was the source of semen found at the scene. Hall, who testified against Halsey at trial, is now in prison for three sex crimes in early 1990s, authorities said.

It was not clear whether he had an attorney, and state corrections officials did not immediately respond to a request for comment from Hall.

Halsey gave a confession after he was interrogated for 30 hours during a 40-hour period, Innocence Project co-director Barry Scheck said.

"It would be a stretch to say that Byron Halsey even confessed to this crime given the state of mind he was in, the length of the interrogation, the tactics police used, and the words he actually said," Scheck said.

Halsey had been sentenced to two life terms, plus 20 years. He has been in custody since 1985.

Halsey can apply for compensation of $25,000 for each year he was in custody, Potkin said.


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Add a Comment See all 18 Comments
by sharncedar May 15, 2007 7:58 PM PDT
This is a once in a century opportunity for America to examine its criminal justice system. Only this one time do we see the actual rates of innocents being convicted, because just at the boundaries of DNA evidence testing being possible, we have a way of catching all of these shady trials and judges and prosecutors in the act of their impudent evil. After this, the dark door will close again, because DNA will from now on be already used during the mock trials and hasty imprisonments. But we aren't examining the big question, why have so many false convictions happened, many of them with tortured confessions like this one. We don't ask the question, we don't care to learn from our mistakes, we just push onward in our slavery and service of satan. A dark, evil, torturing country with prisons full of innocents. Anything to keep business moving along.
Reply to this comment
by karen091866 May 15, 2007 9:03 PM PDT
It's no wonder things like this happen...Take a look at how long it takes to get a group of cadets from Day #1 to graduation in any police academy.
20+ years ago, the resources were even less than they are today.

It's sad--from both the law enforcement standpoint and from the civilian's standpoint.
Reply to this comment
by karen091866 May 15, 2007 9:13 PM PDT
It's no wonder things like this happen...Take a look at how long it takes to get a group of cadets from Day #1 to graduation in any police academy.
20+ years ago, the resources were even less than they are today.

It's sad--from both the law enforcement standpoint and from the civilian's standpoint.
Reply to this comment
by kirkules May 15, 2007 9:21 PM PDT
"This is a once in a century opportunity for America to examine its criminal justice system. Only this one time do we see the actual rates of innocents being convicted, because just at the boundaries of DNA evidence testing being possible, we have a way of catching all of these shady trials and judges and prosecutors in the act of their impudent evil. After this, the dark door will close again, because DNA will from now on be already used during the mock trials and hasty imprisonments. But we aren't examining the big question, why have so many false convictions happened, many of them with tortured confessions like this one. We don't ask the question, we don't care to learn from our mistakes, we just push onward in our slavery and service of satan. A dark, evil, torturing country with prisons full of innocents. Anything to keep business moving along."

Very well said. I do hope this brings a new better chapter in the justice system.
Reply to this comment
by klewt May 15, 2007 9:44 PM PDT
Another horrific example of why the US must join the rest of the civilized world and do away with the death penalty. I know this man wasn't sentenced to death, but over 115 people (10 in 2005, alone!) who were, have also been exonerated. How many innocent people have we killed with this barbaric practice?
Reply to this comment
by honest_news May 15, 2007 10:44 PM PDT
"Locking people up is just one more example of a abusive Jewish dominated business. Their are many such examples and they are destroying America."
-- MrHoppy

Dear MrHoppy:

The founders of Innocence Project, the organization that has been working to overturn these eggregious errors and to remedy the abuses in our criminal justice system, are Barry Scheck and Peter Neufeld of the Benjamin Cardozo School of Law at Yeshiva University.

Yes, Yeshiva University.

It is very sad that anti-Semitism and hatred of the Jewish people are so deeply ingrained in our culture that people like MrHoppy embrace these grotesque prejudices. He has undoubtedly been taught from birth by his parents, his peers and perhaps even his church, that this is the "truth" -- that "The Jews" are to blame for mankind's ills and failings. We will never progress as a people as long as such obscene bigotry flourishes.
Reply to this comment
by sonofapundit May 15, 2007 11:01 PM PDT
Mr Hoppy wrote: "I almost went to jail for a crime I did not commit, one that in fact was committed against me. [Was it a Jew?] There is nothing more maddening than out totally broken justice system. Locking people up is just one more example of a abusive Jewish dominated business. Their are many such examples and they are destroying America."

Here's what's destroying America: 1. anti-semites who 2. can't spell or 3. use grammar properly who 4. have employment sufficent to afford a computer and internet access and 5. insufficient access to vasectomies.

Take a look at the guy at the far left in the picture and read his name in the caption... If you & Hitler had had your way, Byron Halsey might still be locked up, dumb a$$.
Reply to this comment
by sonofapundit May 15, 2007 11:05 PM PDT
Mr Hoppy wrote: "I almost went to jail for a crime I did not commit, one that in fact was committed against me. [Was it a Jew?] There is nothing more maddening than out totally broken justice system. Locking people up is just one more example of a abusive Jewish dominated business. Their are many such examples and they are destroying America."

Here's what's destroying America: 1. anti-semites who 2. can't spell or 3. use grammar properly who 4. have employment sufficent to afford a computer and internet access and 5. insufficient access to vasectomies.

Take a look at the guy at the far left in the picture and read his name in the caption... If you & Hitler had had your way, Byron Halsey might still be locked up, dumb a$$.
Reply to this comment
by bobgee_1999 May 16, 2007 1:57 AM PDT
Free O.J.! No, wait a minute...
Reply to this comment
by aznyron-2009 May 16, 2007 6:15 AM PDT
I am happy to see DNA working now to free the innocent I am sorry that Mr halsey had to spend 20 years in prison I do agree 25000 dollors a year is not enough compensation it should be 100.000 a year because I am sure he was a victim in jail also I do support the death penalty but we can not rush to execute any one based on people testimony DNA should only be the source of convicting were the death sentence is imposed we also have a legal system that is far from perfect with out of control D/A perfect example is Mike Niphon lacross players who were charged for a rape that never happened people like charles manson who escaped death row because they stopped the executing people there a slime ball that should have been executed many years ago and the tax payers of CA. are paying for him to live in jail to quote Johnny Cockran lets not rush to judgement let use ever tool we have to convict or to free some one from a crime
Reply to this comment
by aznyron-2009 May 16, 2007 6:24 AM PDT
it disturbs me to see idiots write in and slander people because of race religion and national origin why a country like the USA is so divided we even have a class war fare it even shows with the nom. of pres in rep & dem party they slander Gov Rommney because he is LDS (mormon) & Rudy because he Italian from broolyn N.Y and Obama because he is black and is a muslim if that disturbs you dont vote but shut your biget mouth AMEN
Reply to this comment
by skyk-2009 May 16, 2007 7:17 AM PDT
It is a good day!! An Innocent Man goes free and the most evil person on the planet, Jerry Falwell, has gone to sit by the Devils right hand. Great day!!
Reply to this comment
by skyk-2009 May 16, 2007 7:23 AM PDT
What a great day!! An Innocent man goes free and Jerry Falwell becomes a worm feast!! Doesn't get much better than that folks!!
Reply to this comment
by huskerarmy May 16, 2007 7:44 AM PDT
"...and Obama because he is black and is a muslim..."
Posted by aznyron
So then at least get it right. Obama is not a muslim. The fact that you believe he is indicates that the rights biggoted campaign of misinformation is working. Your best defense against them is knowledge. Arm yourself!
Reply to this comment
by huskerarmy May 16, 2007 7:59 AM PDT
"and Obama because he is black and is a muslim..."
Posted by aznyron
Then at least get it right. The mere fact that you believe Obama to be muslim means the rights bigotted campaign of misinformation is working. Your biggest weapon against them is knowledge. Arm yourself for Pete's sake!
Reply to this comment
by ralan40 May 16, 2007 8:54 AM PDT
The guy who actually did it and testified against the innocent man should fry. Execute him and let the wrongly jailed guy throw the switch or sell the rights to do it on e-bay.
Reply to this comment
by agnim May 16, 2007 4:39 PM PDT
America's racist in-justice system is showed up yet again!

And for those who would say that the in-justice is not racist are just ignorant fools in denial.
US prison system is just another version of enslavement, another means to enslave African people and so rob them of their lives and liberty.
However, the racist karma shall return to the evil doers, as it has been.
Reply to this comment
by toolmangler-2009 May 16, 2007 6:49 PM PDT
. A dark, evil, torturing country with prisons full of innocents. Anything to keep business moving along.

Posted by SharnCedar at 07:58 PM : May 15, 2007

So, it is your proposal that no one should be jailed because 'only' the innocent are tried and incarcerated. I suppose that the people should all wear RFID implants so the 'caretakers' can listen in on our thought and remove anyone that is not thinking in the correct manner. Why this would also solve the 'terrorist' problem wouldn't it. Since there is no way to have anything but 'mock' trials, lets do away with "Habeas-Corpus" and that will eliminate the need for Lawyers and other crooks that want to steal all your money (shucks, I forgot, Georgey Boy already did that, didn't he?). Hmmmm, lets do away with money and let the central computer keep track of who owes who, what. The RFID device can tell the Main banking System who it is that just bought those 'Condoms'. Oh! thats right, since the new sterilization program only those deemed smart and attractive enough will be allowed to procreate, everybody else will be 'fixed' at Gvmnt expense. Hmmm, shaping up to be a right tolerable world, aint it.(ooops is it not?)

If I have made a wrong diagnosis of your statement, I await enlightenment.
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