09:22 AM CST on Wednesday, January 25, 2006

Associated Press

HOUSTON – The case of a 1986 sexual assault took a dramatic turn last week when DNA testing cleared a Montgomery County man convicted of the crime. Now, the younger brother of the exonerated man has confessed to the assault, a prosecutor said.

Charles Ray Mumphrey, 34, admitted guilt to an investigator on Monday, said Marc Brumberger, assistant district attorney for Montgomery County.

The district attorney's office has requested DNA testing to determine whether a sample of Mr. Mumphrey's saliva matches DNA taken from the 13-year-old victim and her clothes.

DNA test results released last week showed that 42-year-old Arthur M. Mumphrey wasn't involved in the attack for which he spent 18 years in prison. He had been sentenced to 35 years.

He is to appear Friday before state District Judge Kathleen Hamilton, who said she would release him on a personal recognizance bond. Mr. Brumberger plans to file a pardon request with the Texas Board of Pardons and Paroles, which will make a recommendation to Gov. Rick Perry.

Mr. Brumberger said Charles Mumphrey gave details of the sexual assault to the investigator during an interview in a state jail in Jefferson County, where he's serving a one-year sentence for unauthorized use of a motor vehicle.

Mr. Brumberger said it's unlikely that the district attorney's office will prosecute him for the 1986 sexual assault because the statute of limitations has expired.

According to court records, Charles Mumphrey confessed to the crime in 1986 but changed his story after authorities accused him of lying to protect his brother.