WACO, TX — For the second time, the Criminal Court of Appeals has reversed the ruling on Sam Ukwuachu, reinstating the sexual assault conviction from 2015.
On Wednesday, the Criminal Court of Appeals reported that the 10th Court of Appeals made a mistake by applying false-evidence to impeach two defense witnesses.
The Criminal Court of Appeals is the state's highest criminal court.
In 2017, Ukwuachu provided an affidavit by an expert in computer forensics who agreed that it was impossible to accurately verify a location from the phone records without reviewing with an expert. Ukwuachu complained the state referenced the time and location from the records.
He argued that the use of these records violated due process because it created a false impression with the jury.
During this time, the 10th Court of Appeals agreed with Ukwuachu's defense, and the conviction was overturned. But now, the Criminal Court of Appeals has reversed their decision.
They said that the phone records were not introduced into evidence, therefore not affecting the jury's decision.
The Criminal Court of Appeals sent the case back to the 10th court in consideration of other appellate issues that had not yet been considered.
A jury sentenced Ukwuachu to 10 years probation in 2015 for sexually assaulting a female soccer player.
After his trial, a spotlight was put on sexual violence issues at Baylor including Art Briles.
