A Brownsville man has been taken off death row but now lawyers with the ACLU are working to set him free.
Manuel Velez appeared before Judge Elia Cornejo Lopez in the 404th State District Court on Tuesday morning.
Velez was convicted in 2008 of capital murder for the death of an 11-month-old Angel Moreno.
The baby boy died on Halloween night back in 2005 from blunt force trauma.
Attorneys with the American Civil Liberties Union said they’re ready to present new medical evidence and expert testimony.
The attorneys told Action 4 News that they aim to prove that it was continuous abuse from the child's mother that caused his death and not Velez.
“He didn't have effective council,” said one ACLU attorney. “He didn't have an attorney who did the basics like get a forensics pathologist to look into the evidence, get a doctor to look at the timeline to look at all the injuries and medical records. Had it been presented at the 2008 trial it is clear the jury would've acquitted him and Mr. Velez would be home today."
At least six people are expected to testify in the hearing.
The child's mother was also convicted of murder and released from jail after serving only five years of her 10-year sentence.
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