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Stories Added - November 2010
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Court of Appeals denies request for rehearing on Winfrey’s acquittal
San Jacinto News- Times

COLDSPRING – The Texas Court of Criminal Appeals has denied a motion by the San Jacinto County Criminal District Attorney’s offi ce for a rehearing on the state’s decision to acquit Richard Lynn Sr., of murder. Winfrey was convicted of the murder of a school janitor on evidence of a dog-scent lineup in 2007 and sentenced to 75 years in prison. He was acquitted of the crime last month and ordered to be set free by a unanimous vote of the Texas Court of Criminal Appeals. Ruling that dog-scent lineup is legally insuffi cient to support Winfrey’s conviction, the Court of Appeals stated in its opinion, “The question essentially presented in this case is whether dog-scent lineup evidence alone can support a conviction beyond a reasonable doubt. And, while this evidence may raise a strong suspicion of guilt, we nevertheless decide that, standing alone, it is insuffi cient to establish a person’s guilt beyond a reasonable doubt.” Following Winfrey’s acquittal the San Jacinto County Criminal District Attorney’s offi ce fi led a motion for a rehearing on Nov. 6 – the motion was denied Nov. 10. Winfrey and both his children, Megan and Richard Jr. were indicted for the 2004 capital murder of Murray Wayne Burr. Megan was convicted of capital murder and conspiracy and her appeal is currently pending. Richard Jr. was acquitted of capital murder and conspiracy. Megan was 16 years of age and Richard Jr. was 17 years of age at the time of Burr’s murder. Commenting on his acquittal, Winfrey said, “My daughter is still in prison. When we get her out we can rejoice.”


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