HOUSTON – A Texas man who spent 22 years in prison for a rape that forensic tests now suggest he did not commit is expected to be freed.
Gary Alvin Richard is likely to be released Thursday after prosecutors and his defense attorney ask a judge to set him free on bail.
Lawyers will then weigh what to do with Richard's case.
Defense attorney Bob Wicoff says the new tests based on blood-typing prove Richard's innocence. Prosecutors agree the results contradict crime lab evidence but say they do not know if Richard is innocent.
If cleared, Richard — who is serving a life sentence for a 1987 rape — would be the fourth Harris County man to have his conviction overturned because of faulty forensics from the Houston crime lab.