20/20 Transcript: Tyrone Brown 
Serving Life For Smoking One Joint

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Deborah Roberts [ABC News] [OC] In our court system, we’re all supposed to be equal under the law, but are we really? Jim Avila has a tale of Texas justice that might make your blood boil. 

Radio Commentator: WVAV, Fort Worth, Dallas

Jim Avila [ABC News] [VO] This is a story of privilege in a Texas court, where money and connections are not supposed to count, where we find one judge and two men from very different sides of the tracks who appear to get anything but equal justice.  One man has been in prison 16 years, and may never get out. 

Jim Avila [ABC News] [OC] And your sentence is?

Tyrone Brown [prisoner] Life

Jim Avila [ABC News] [OC] So you got a life sentence.  How many people did you kill?

Tyrone Brown [prisoner] I didn’t kill nobody. 

Jim Avila [ABC News] [VO] This is the other man, Alex Wood.  He did kill someone.  But as you can see, he’s not in prison despite several run-ins with the law and a dead man in his backyard.  "Dallas Morning News" investigative reporter, Brooks Egerton, knows the family history. 

Brooks Egerton [reporter] Well, he comes from a moneyed family.  His father used to be pastor of First Baptist Church in Waco. 

Jim Avila [ABC News] [OC] First Baptist Church in Waco is not just the corner church, right?

Brooks Egerton [reporter] No, it’s a big deal.  This is one of the most prominent churches in the state of Texas. 

Jim Avila [ABC News] [VO] Not only is Alex’s father, Reverend John Wood, religious royalty in Waco, he served on the board of one of the biggest universities in Texas and has a private big-game museum in his house, recently featured in "National Geographic" magazine.  The family has political clout, too.  Alex’s brother-in-law is eight-term US Congressman Chet Edwards.  And Alex dabbled in an expensive hobby, breeding Egyptian pharaoh hounds.  So how did this paragon of privilege get in trouble? It started when Alex Wood invited a 22-year-old male prostitute, Larry Clark, to his house, says prosecutor, Rick Jordan. 

Rick Jordan [prosecutor] They had sex there.  Mr.  Wood paid Mr.  Clark.  I believe it was $30. 

Jim Avila [ABC News] [VO] But Wood wanted a partial refund, and a fight broke out.  Wood shot Clark and then called 911. 

Alex Wood [murder suspect] Listen.  There’s been an accidental shooting at my house.  There’s a guy injured and he needs an ambulance, I think. 

Jim Avila [ABC News] [VO] He claims self-defense.  But there was one big problem with that story. 

Jim Avila [ABC News] [OC] The man was running away at the time?

Rick Jordan [prosecutor] Exactly. 

Jim Avila [ABC News] [OC] His back was turned to Alex Wood. 

Rick Jordan [prosecutor] The autopsy shows he was shot from the back. 

Jim Avila [ABC News] [VO] Even with that evidence, Prosecutor Jordan felt compelled to cut Wood a deal after one dramatic day in court.  The grand entrance of one of the most revered people in the city, family friend and pastor of the mega First Baptist Church of Dallas, OS Hawkins, seen here in a church video.  He’d be a critical witness for Alex Wood. 

Rick Jordan [prosecutor] There were about three women that sit on the front row of the jury.  And when OS Hawkins came in, it was like they wanted to crawl over the rail and just kiss him.  It was that type of presence when he walked in the courtroom. 

Jim Avila [ABC News] [VO] Alex Wood agreed to plead guilty to murder in return for a light sentence of 10 years probation, a free man if he stayed clean.  This man, Judge Keith Dean, approved the plea. 

Rick Jordan [prosecutor] That was a very good outcome for him.  He got a good deal. 

Jim Avila [ABC News] [VO] Now to the other side of the tracks and lifer Tyrone Brown.  His background could not be more different.  The second oldest of five children, none of whom finished high school.  Tyrone’s mother says he was beaten by his father so badly as a boy, he was put into foster care for a while.  This is where Tyrone lived.  This was his church.  And how about your church, could they help you out?

Tyrone Brown [prisoner] It ain’t no big old church.  It was just a little – just a little small Baptist church. 

Jim Avila [ABC News] [OC] Do you know anybody famous that could help you out?

Tyrone Brown [prisoner] I never met nobody famous. 

Jim Avila [ABC News] [VO] That’s who Tyrone is.  Here is what he did.  When he was 17, he and a friend waited outside a Dallas Bennigan’s for someone to rob.  They found a man walking home alone in the dark and put a gun to his face

Bill Hathaway [robbery victim] First thing he did was say, "Give me your wallet." I only had two bucks in my wallet.  I might had a little bit of change in my pocket. 

Jim Avila [ABC News] [VO] "20/20" tracked down the victim, Bill Hathaway, who told us he hadn’t thought much about the crime until lately, but does remember Tyrone gave him his wallet back. 

Jim Avila [ABC News] [OC] It means it’s a serious crime.  I mean it’s an armed robbery.  But… 

Bill Hathaway [robbery victim] Sure. 

Jim Avila [ABC News] [OC] …you weren’t hurt?

Bill Hathaway [robbery victim] No. 

Jim Avila [ABC News] [OC] You got your wallet back right away?

Bill Hathaway [robbery victim] Right. 

Jim Avila [ABC News] [OC] In the same night, you got your $2 back. 

Bill Hathaway [robbery victim] Correct.  It really wasn’t that big of a deal. 

Jim Avila [ABC News] [VO] Tyrone Brown pled guilty and that same Judge Dean gave the teenager 10 years probation, just like Alex Wood. 

Jim Avila [ABC News] [OC] Two men, same sentence.  But that’s where the story takes a surprising turn.  It’s what happens next that no one can fully explain, because while on probation, both men break the law and must face Judge Keith Dean again.  Only this time, they do not get the same sentence. 

Jim Avila [ABC News] [VO] Alex Wood’s privileged life continues.  Despite being caught at least twice with cocaine, Wood remains free.  His supervision is not even tightened.  In fact, he is given even more privileges, allowed by Judge Dean to contact probation officers by mail. 

Brooks Egerton [reporter] Once a year, you send a postcard to the judge and say, "Here is my address.  Here’s what I’m doing."

Jim Avila [ABC News] [VO] There was other alarming behavior.  Dog trainer Margaret Worth, a former friend, says Wood terrorized her over who owned one of the prized puppies. 

Margaret Worth [dog trainer] He took a hammer and smashed the storm door, and he unlocked the door and he broke into the house

Jim Avila [ABC News] [VO] Worth reported it to police, but decided not to press charges when Wood’s dad intervened, she says, promising her the pup and no more trouble from his son. 

Margaret Worth [dog trainer] Yeah, daddy called and fixed the whole deal. 

Brooks Egerton [reporter] Nothing happened to him.  He’s completed his probation.  And so, he has no conviction on his record. 

Jim Avila [ABC News] [OC] And he’s free to this day?

Brooks Egerton [reporter] He is free. 

Jim Avila [ABC News] [VO] I went to Wood’s house on a quiet street in Waco to ask him how a guy in so much trouble stayed out of prison. 

Jim Avila [ABC News] [OC] Congratulations on successfully finishing your probation. 

Jim Avila [ABC News] [VO] But he was camera shy. 

Jim Avila [ABC News] [OC] I’m from ABC.  We wanna talk to you for a moment.  Can we?

Jim Avila [ABC News] [VO] By phone, Wood told us he’s glad he could afford good attorneys.  Tyrone Brown was not so lucky.  He settled for a court-appointed lawyer.  Like Wood, Brown did violate his probation within a few weeks of his sentence, but not with cocaine. 

Jim Avila [ABC News] [OC] What’d you do?

Tyrone Brown [prisoner] Well, I, you know, I smoked the joint. 

Jim Avila [ABC News] [VO] You heard right, one joint, not nearly as serious as the cocaine Alex Wood was caught with. 

Brooks Egerton [reporter] Typically, your first time that you test positive for smoking marijuana while you’re on probation is something that is noted in the record, and that’s about it. 

Jim Avila [ABC News] [VO] Not this time.  Not in Judge Keith Dean’s court.  I read Tyrone the transcript of his sentencing. 

Jim Avila [ABC News] [OC] I have the words here.  The judge says, "You shall be confined for life." Did you hear those words? Do you remember those words?

Tyrone Brown [prisoner] I mean I heard the "life" word, you know, but that’s about it. 

Jim Avila [ABC News] [OC] And then he said, "Good luck, Mr.  Brown."

Tyrone Brown [prisoner] Yes. 

Jim Avila [ABC News] [VO] Do you remember that?

Tyrone Brown [prisoner] By then, I was in shock.  When he said "life," I’m down.  I’m, like, my mind just shut down. 

Nora Brown [Tyrone’s Mother]Oh, I miss him terribly. 

Jim Avila [ABC News] [VO] Tyrone’s mother, Nora, got a chilling phone call.  Her son would not be coming home for dinner, ever. 

Nora Brown [Tyrone’s Mother]"Mama," he said, "they gave me life." And I mean, I just – ooh, Jesus.  I just started crying.  You know, and I started screaming.  And I said, "Baby, how can they give you life? What did they give you life for? For what?"

Jim Avila [ABC News] [VO] No one, not the reporter who uncovered it… 

Brooks Egerton [reporter] I don’t know, to this day, why these cases turned out so differently. 

Jim Avila [ABC News] [VO] Not the prosecutor assigned to Judge Dean’s court. 

Rick Jordan [prosecutor] It’s just mind-boggling. 

Jim Avila [ABC News] [VO] And perhaps most important, not even the victim of the crime had heard of such a harsh sentence. 

Bill Hathaway [robbery victim] Life for smoking marijuana? That’s just – I think that was just a little bit much. 

Jim Avila [ABC News] [VO] Keith Dean is considered a good and respected judge, up for re-election for the fifth time.  "20/20" tried to talk to him at a candidate forum. 

Judge Keith Dean [256th Criminal District Court] The Code of Judicial Conduct just says I can’t talk about any case at any point. 

Jim Avila [ABC News] [VO] Actually, what the code says is a judge is not allowed to talk about pending or impending cases. 

Jim Avila [ABC News] [OC] Show me here in this code where it says you can’t talk. 

Jim Avila [ABC News] [VO] So we went to a second candidate event so he could explain

Judge Keith Dean [256th Criminal District Court] I would be talking about a case that is in the court, if I talked about it at all. 

Jim Avila [ABC News] [OC] It’s not in court.  He’s in jail.  He’s in prison. 

Judge Keith Dean [256th Criminal District Court] I understand what you’re saying, but… 

Jim Avila [ABC News] [OC] He’s exhausted all of his appeals.  He has no motions in front of him. 

Judge Keith Dean [256th Criminal District Court] I just can’t talk about it.  The law won’t let me talk about it.  And I understand that you think that I can, but I just can’t.  I’m not allowed to.  If I could, I would. 

Jim Avila [ABC News] [OC] Does this case trouble you at all? Do you have any trouble sleeping, knowing that this man is in prison for the rest of his life, has been there in jail for 16 years for smoking one joint while this other man with privilege and contacts and money violated at least twice with cocaine and never spent a day in jail? Both of them in front of your court?

Judge Keith Dean [256th Criminal District Court] I understand you’d like me to comment on it.  I’m just not allowed to. 

Jim Avila [ABC News] [VO] The judge is wrong.  According to the executive director of the State Commission on Judicial Conduct who told "20/20," it may be the judge’s personal preference not to explain his ruling, but there is nothing in the law or judicial code that prohibits him from talking. 

Prison Guard [male] Go ahead and turn around, put your hands through the slot. 

Jim Avila [ABC News] [VO] So Tyrone Brown is left to wonder why he got life while a murderer still has his freedom.  And the man responsible for both decisions… 

Judge Keith Dean [256th Criminal District Court] I’m Keith Dean.  I’m judge of the 265th Felony Criminal Court.  Thank you.