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AUSTIN, Texas - Anita Byington was 21 years old when she was found beaten to death outside an apartment complex in East Austin on Aug. 11, 1992.
A man named Allen Andre Causey confessed to killing Byington over a drug dispute. He was convicted and sentenced to 50 years and released on parole in October 2022.
Now, he is fighting for exoneration.
On Friday, the judge heard from witnesses during the second day of post-conviction hearings for Causey.
One witness, Melissa, said she had a relationship with a man named Kevin Harris. Byington was last seen with Harris on the night she was killed. Harris and Melissa were no longer together but stayed in contact.
Melissa described her prior relationship with Harris as verbally, physically and sexually abusive. She also said that Harris called her that night in August and asked her to help him move a car to a different apartment complex.
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RELATED: Murder victim's family outraged at Travis Co. DA as he works to exonerate confessed killer
During cross-examination, she was asked why she didn’t bring that information up earlier.
"I don’t know why I didn’t do anything, but within the next couple of days there was an arrest, so I thought it all had been taken care of," she said.
Another witness, a close friend of Melissa, confirmed Melissa’s claims about the relationship with Harris and the late-night call.
The Innocence Project of Texas is now working closely with the Travis County District Attorney’s Conviction Integrity Unit to prove Causey’s innocence, claiming the only evidence against Causey was a confession he was coerced into.
According to a representative from the DA’s office, Causey became a suspect because he lived near where the body was found, and a neighbor saw him ‘rubbernecking.’
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The family of Anita Byington stands by the original conviction.
"It’s overwhelming because, at this point, everybody who's talking about Anita has never met her. Never knew her. She's become a case and a story and entertainment for online," said Kristina Byington, Anita’s cousin. "She was a real person. She was murdered. She was beaten to death. And Allen Andre Causey was convicted of that murder. The jury heard all the evidence. The appellate court heard all the evidence, and he was rightfully convicted."
Both before and after Causey’s trial, according to the Travis County District Attorney’s Office, the Austin Police Department and the DA’s Office uncovered information that the Homicide Unit at the time was responsible for at least eight false confessions.
"Nothing we are doing is intended to diminish the pain that we know that [the family is] experiencing. But we all have a collective obligation to pursue the truth," said Jessi Freud, senior staff attorney for the Innocence Project of Texas. "And it is our hope that the truth will at some point bring them healing. Because that's what we all want under these circumstances."
The Travis County District Attorney’s Office released the following statement after Friday’s hearing:
"Today, two witnesses were called who debunked, in part, the State’s theory in 1992 surrounding the circumstances of Anita’s death. On behalf of the State of Texas, we apologize to the family of Anita Byington. The State’s previous theory of her death included an allegation that Ms. Byington was somehow involved with drugs. We now know that to be false. We hope to seek justice for Ms. Byington and her family and ensure that the person who killed her is held accountable."
Byington's family responded to the DA's statement with one of their own, that said in part:
"The Travis County District Attorney’s Office released a statement apologizing to the Byington family for the State’s previous theory of death, which they claim included "an allegation that Ms. Byington was somehow involved with drugs." There are countless issues in which the Byington family is owed an apology by District Attorney Garza, apologies which we’ve been waiting for, but this clearly isn’t one of them.
The Byington family categorically rejects this "apology" and considers it to be a slap in the face. Their statement is an attempt to deflect from the current DA’s Office’s misconduct in 2023-2024 where they have embarked with Causey’s attorneys on a goal to cast doubt on his conviction through a one-sided presentation that excludes all of the evidence of Causey’s guilt."
The statement later said:
"This is just another example of how abhorrently the Travis County District Attorney’s Office has been treating the family of a murder victim. 'Agenda' is first and foremost with them, the truth, justice, and any victims are of no importance. We have experienced this with them over and over and over again. We would challenge the DA’s Office to show us any instance of their claim regarding the State’s theory of her involvement with drugs in the original case. They will be unable to do so because it simply did not occur."