February 11, 2009 4:51 PM

DNA Frees Man Convicted Of Killing 2 Kids

(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.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
  • Scott Conroy

    Scott Conroy is a National Political Reporter for RealClearPolitics and a contributor for CBS News.

Add a Comment See all 16 Comments
by toolmangler-2009 May 16, 2007 9:49 PM EDT
. 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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by agnim May 16, 2007 7:39 PM EDT
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.
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by ralan40 May 16, 2007 11:54 AM EDT
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.
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by huskerarmy May 16, 2007 10:59 AM EDT
"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 huskerarmy May 16, 2007 10:44 AM EDT
"...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 aznyron-2009 May 16, 2007 9:24 AM EDT
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
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by aznyron-2009 May 16, 2007 9:15 AM EDT
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
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by bobgee_1999 May 16, 2007 4:57 AM EDT
Free O.J.! No, wait a minute...
Reply to this comment
by sonofapundit May 16, 2007 2:05 AM EDT
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 16, 2007 2:01 AM EDT
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$$.
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