 One such visit, on May 16, 1989, nearly six years after his conviction, resulted in Brewer's executing an affidavit.The Ohio Public Defender's Office, which represented Byrd during his appeals, withheld the affidavits through much of the appellate process gambling that Byrd would eventually win a retrial.The affidavits from Brewer clearly place Byrd at the scene of the crime, a difficult fact to overcome in trial.