DNA test could free sex assault convict

HOUSTON -- A Montgomery County man convicted of sexual assault in 1986 is expected to be freed after 18 years in prison based on recent DNA testing.

Arthur M. Mumphrey, 42, was convicted of aggravated sexual assault and sentenced to 35 years behind bars for his alleged role in the rape of a 13-year-old girl in the Dobbin area, about 50 miles northwest of Houston.

Mumphrey maintained his innocence, and DNA test results released earlier this week show Mumphrey's blood and saliva samples do not match stains on the victim and her clothes.

Mumphrey's lawyer, Eric J. Davis, said the DNA test prompted State District Judge Kathleen Hamilton to order a bench warrant for Mumphrey's return from a state prison in Pampa.

Davis said Hamilton is expected to release Mumphrey on a personal recognizance bond until he is granted a pardon, the Houston Chronicle reported in its Thursday editions.

Marc Brumberger, a Montgomery County assistant district attorney, said he expects Mumphrey to be pardoned. Brumberger plans to file a request with the Texas Board of Pardons and Paroles, which will then make a recommendation to Gov. Rick Perry. Perry has the final say on a pardon.

"As soon as we found out biological material was available, we were in agreement that it should be tested," Brumberger said.

Mumphrey and his wife hired Davis about three years ago after his appeals were exhausted.

Davis learned about material evidence in the case and eventually tracked down DNA evidence stored in a Texas Department of Public Safety refrigerator. Hamilton approved a motion for DNA testing in the fall of 2005, Davis said.

"If we had given up, he'd still be in jail," Davis said. "It's by the grace of God."

Mumphrey and co-defendant Steve Thomas were accused of repeatedly sexually assaulting the victim in a wooded area near Dobbin. Thomas confessed and agreed to testify against Mumphrey in exchange for a 15-year sentence.

A jury found Mumphrey guilty based largely on testimony from Thomas and the victim. DNA testing was not available at that time, but a blood analysis did not exclude Mumphrey as a suspect.

Mumphrey was paroled at one point during his sentence, but was returned to prison after violating parole.