Marshall Moreno has been released after spending more than 20 years in prison for crimes his biological daughter now says never occurred.
Moreno was convicted in 2003 in Austin on charges of sexual assault of a child and indecency with a child by exposure. A Travis County jury sentenced him to 36 years in prison, and his conviction was later upheld on appeal.
Court records show the case stemmed from a 1999 police visit to Moreno’s home following a domestic disturbance call. During the initial investigation, Moreno’s daughter, who was seven years old at the time, was interviewed by a counselor at a local Children’s Advocacy Center.
According to the National Registry of Exonerations, the child described witnessing domestic violence but did not report any sexual abuse during that interview.
Later that year, a therapist working with referrals from Child Protective Services began meeting with Moreno’s daughter. The therapist later testified that she asked the child whether her father had ever touched her inappropriately. The child reportedly said no.
That account changed in September 2001, when Moreno’s daughter began seeing a different therapist as part of a foster care investigation. During those sessions, she alleged for the first time that her father had sexually abused her before she entered foster care.
Following that disclosure, police launched an investigation that ultimately led to Moreno’s arrest and prosecution. He was convicted in Travis County in 2003, and his appeals were denied.
In 2020, Moreno’s daughter contacted the Actual Innocence Clinic at the University of Texas School of Law and said she had testified falsely at her father’s trial.
In July 2025, she formally recanted her accusations in court before District Judge Brandy Mueller.
Several months later, the Texas Court of Criminal Appeals reversed Moreno’s conviction and granted relief, clearing the way for his release.
Travis County District Attorney Jose Garza commented on the dismissal of the case following the ruling.
“Although dismissing his cases won’t undo the 24 years Mr. Moreno spent incarcerated, we hope it helps him as he works toward rebuilding his life,” Garza said. “We are thankful for the courage shown by the main witness to come forward.”
Garza added that the court agreed the recantation proved Moreno’s actual innocence, allowing prosecutors to move quickly to dismiss the charges.
The case was reviewed by the Travis County District Attorney’s Office Conviction Integrity Unit, which was established in 2021 to investigate potential wrongful convictions.
Officials say the unit works to reexamine questionable cases and ensure that innocent individuals are not left behind bars due to flawed testimony or investigative errors.
Moreno’s release marks the end of more than two decades of incarceration and adds to growing concerns nationwide over the reliability of certain child abuse investigations and the long-term consequences of wrongful convictions.
