A convicted man was in jail when he was accused of an armed robbery.

Texas- Sentenced to life in prison in November for armed robbery, LaDondrell Montgomery insisted he was not the shadowy figure on surveillance video. He swore the eyewitness identifying him were flat wrong.

If only the 36-year-old habitual offender had an alibi. If only he could remember exactly where he was that day of the robbery.

A week after jurors sentenced Montgomery, his attorney was researching the felon's lengthy rap sheet. In that file was a report that had details about a 2009 arrest and an iron-clad alibi: He was in jail. Released from custody about nine hours after the December 13, 2009 crime, Montgomery was actually innocent.

State District Judge Mark Kent Ellis shook his head as he berated Ray and prosecutors for the oversight."It boggles the mind that neither side knew about this during trial," Ellis said Thursday. "Both sides in this case were spectacularly incompetent."

The judge personally apologized to Montgomery, who stood at the bench in an orange jail uniform.
http://www.chron.com/news/houston-texas/article/Convicted-man-was-in-jail-when-crime-occurred-2391025.php