DNA test confirms wrong brother was imprisoned for rape

CONROE, Texas - Recent DNA tests confirmed that a Conroe man sexually assaulted a 13-year-old girl in 1986 - the crime for which his innocent older brother spent 18 years behind bars.

Marc Brumberger, Montgomery County assistant district attorney, said the statute of limitations has expired and it's too late to try Charles Mumphrey, 36, for the sex assault in Conroe, about 40 miles north of Houston.

"It's a closed case," Brumberger said. "Unfortunately justice was not served for any brother."

Charles Mumphrey's brother, 43-year-old Arthur Mumphrey, was released from prison last year based on DNA evidence that cleared him of the crime. He was pardoned by Gov. Rick Perry and awarded $450,000 in restitution from the state.

DNA test results released last week showed Charles Mumphrey committed the crime, as he had already told an investigator last year.

On Tuesday, Charles Mumphrey apologized to the victim, her family and his older brother.

"I'm really sorry for what happened to the girl and I apologize to her and her family," he said. "I have two daughters myself. If I could ever replay that night, it would have never happened."

Charles Mumphrey said he's been conflicted for the past 20 years over his brother's wrongful conviction. He hopes his brother will eventually forgive him.

"It was like a cancer eating me up," he said. "I cried many times about it. I thank God he's home."

Charles Mumphrey, who was 14 at the time of the assault, said he was drinking wine and smoking marijuana near the railroad tracks when he joined Steve Thomas, an older teenager, in sexually assaulting the girl at knifepoint.

Thomas agreed to a plea and received a 15-year sentence for testifying against Arthur Mumphrey.

Charles Mumphrey said he told police what he had done shortly after the crime occurred. But he claimed the police were more interested in arresting his brother and accused him of making up the story to cover for his brother. Police have said Charles Mumphrey recanted his story.