Marshall Moreno has spent more than 20 years in prison after a jury found him guilty of sexual assault of a child and indecency with a child by exposure in Austin, Texas in 2003. Today, Moreno is a free man after his victim, his biological daughter, says the assault never occurred.
Moreno was sentenced to 36 years in the Texas Department of Criminal Justice after his jury trial in Travis County, according to court records. The Third Court of Appeals affirmed his conviction, sealing his fate after an investigation that started after police in Austin were called to his home to investigate a complaint of domestic abuse in 1999.
According to a report in the National Registry of Exonerations, a counselor with the Children’s Advocacy Center interviewed the victim, who was 7 years old at the time, who described the domestic violence she had witnessed in her home, but did not mention any sexual abuse at that time.
Later that year, a therapist who saw clients referred to her by Child Protective Services (CPS) and other agencies began meeting with Moreno’s daughter, identified as A.M. in court records at the time. The therapist would later testify she asked the child, who was then eight years old, if her father ever touched her in an inappropriate way. According to the therapist, the child said “no”.
That answer would change in September 2001 when the child began seeing another therapist assigned as part of an investigation into foster care issues by CPS. When asked by the newly assigned therapist if she had ever been sexually abused, A.M. told the therapist her father had sexually abused her before entering foster care.
After an investigation into the statements provided to the therapist in 2001, police would eventually charge Moreno with the sex related crimes against a child, leading to his jury trial and ultimate conviction in Travis County in 2003.
In 2020, Moreno’s daughter contacted the Actual Innocence Clinic at the University of Texas School of Law, recanting her earlier testimony. She told the organization she testified falsely at his trial years earlier.
In July of 2025, Moreno’s daughter formally recanted her accusations before District Judge Brandy Mueller. In November, the Texas Court of Criminal Appeals, which once affirmed his conviction, would now reverse and grant relief in Moreno’s case, paving the way for his release.
Travis County District Attorney Jose Garza commented on the dismissal of the case, saying, “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. We are thankful for the courage shown by the main witness to come forward. We are grateful that the District Court Judge and the Criminal Court of Appeals agreed that the recantation proved actual innocence in Mr. Moreno’s conviction, which enabled our office to dismiss his cases quickly.”
The case was handled by the Travis County District Attorney’s Office Conviction Integrity Unit. The unit, established in 2021, investigates and litigates cases of potential wrongful convictions.
Randy Clark is a 32-year veteran of the United States Border Patrol. Before his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X @RandyClarkBBTX.
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