Sister Helps Brother Win Freedom

March 15, 2001 -- Betty Ann Waters never believed that her brother, Kenneth Waters, was guilty of murder.

In 1983, Betty Ann, a high school dropout at the time, watched helplessly as Kenneth was convicted of first-degree murder and robbery and sentenced to life in prison for the slaying of an Ayers, Mass., woman, Katarina Bow. However, Betty Ann was so convinced of her brother's innocence that she dedicated herself to becoming a lawyer and ultimately freeing him and getting him out of prison.

Now it appears that she has.

Thanks to his sister's determination — and exculpatory DNA evidence — Kenneth, who has spent nearly 18 years in prison, should walk out of jail a free man today.

In a hearing this morning, Massachusetts prosecutors are expected to agree to Kenneth's release while they reopen and continue the investigation into Bow's slaying.

And according to lawyer Barry Scheck, whose organization, the Innocence Project, helped Kenneth and other inmates fight convictions based on new DNA evidence, none of this would have been possible without Betty Ann.

"This is one of the most inspirational stories you'll ever find," said Scheck. "Here you have this high school dropout, a single mother, who gets her teacher's degree, all the while earning two degrees as she focused on going to law school — all because she wanted to free her brother.

"Her brother is really the reason she became a lawyer; his case is really the only one she has handled. It's truly unbelievable," Scheck said.

The Trail to Innocence … and Maybe the Real Killer

At his trial, Kenneth Waters' defense argued unsuccessfully that he could not have killed Bow because he was in court on an unrelated charge at the time of the slaying. Authorities confirmed he had a court appearance but could not pinpoint the exact time, which was not enough to convince a jury of his innocence.

Betty Ann's quest to free Kenneth began when she enrolled at Community College of Rhode Island and earned her associate's degree. She later transferred to Rhode Island College, where earned a bachelor's and master's degree in education because she planned to go support herself and her family by teaching while she attended law school. Betty Ann enrolled at the law school at Roger Williams University in Rhode Island in 1995 and began investigating her brother's case.

A court clerk helped Betty Ann uncover the evidence that would win her brother's freedom. In a courthouse basement, they found a box with Kenneth's name on it containing a knife and cloth with blood samples. Approximately a year before her graduation from law school, Betty Ann contacted the Innocence Project.

On Tuesday, Massachusetts prosecutors announced that the DNA taken from the evidence Betty Ann found did not match Kenneth's DNA. Prosecutors have not dropped the charges against Kenneth, but Scheck is confident that they will because he says his investigators have evidence that may lead investigators to the real killer.