"I had nobody to turn to but God..."

11:54 AM CDT on Friday, May 14, 2004

By Anna Werner / 11 News

Click to watch Anna Werner's report

Click to watch Sutton's news conf.

HOUSTON -- A young man convicted of rape walked out of jail Wednesday after serving four-and-a-half years for the crime he always insisted he didn't commit.

Josiah Sutton was released on his own recognizance after new tests showed his DNA was not among the samples taken from the rape victim.

KHOU-TV "I love you," Josiah Sutton said to mom Carol Batie after his release.

"It's unexplainable, it's one step closer but ... I still got some more fightin' to do," said Sutton at an impromptu news conference immediately after his release. "I'd like to thank God first. I'd like to thank everybody that supported me."

The retesting was done after an exclusive 11 News Defenders investigation found evidence of errors and sloppy DNA testing at the Houston Police Department's crime lab.

Sutton spent much of his four years of incarceration in the prison law library trying to figure out a way to get someone to re-investigate his case. Earlier in the courtroom, Sutton's prayers were finally answered when the Judge ruled he should be released immediately. Sutton's family gathered in the hallway where they held hands and prayed. "He's coming home," said one tearful relative as she hugged Sutton's younger sister.

"I thank God for this day," said Carol Batie, Sutton's mom. "I just want to hold my son. I want him to step in the door of my home and I just want him home. That's my main concern right now."

Even prosecutor Joe Ownby called the case a tragedy. "I'm sorry that this happened. He lost four-and-a-half years of his life."

Sutton's attorney plans to ask Governor Perry for a pardon. He will ask Harris County District Attorney Chuck Rosenthal to support that request.

Rosenthal told 11 News it's too early to decide because he wants to study the facts of the case to determine if there should be another trial. Rosenthal says if Sutton does deserve a pardon, he'll file for it himself.

Sutton said his first stop would be a mosque to pray, then he was going home. He said he's looking forward to his first home-cooked meal since 1998. "Hopefully, momma and grandma and them got something cookin'," said Sutton.

Sutton said he plans to finish school and hopes to be successful at whatever he does next.