 In his direct appeal, Byrd claimed that he was "actually innocent" of the murder of Monte Tewksbury arguing that he was not the principal offender in Tewksbury's murder; instead, Brewer was the one who stabbed Tewksbury.Byrd supported his claim with two affidavits executed by Brewer on May 16, 1989, and January 24, 2001, respectively.After being convicted and sentenced to prison, John Brewer was visited several times by Byrd's attorney at the time.