British woman tells of her ordeal after being extradited from UK and accused of husband's murderLast updated at 14:16pm on 15th January 2008
A British woman today told of her ordeal after being shot in the head, then accused of murdering her
husband who died in the same incident.
Audrey Phillips spent most of last year awaiting trial in a US state penitentiary after being extradited
from England.
The 45-year-old was eventually found not guilty.
But a bureaucratic blunder by the US authorities meant she had no passport and was left stranded in
Texas, dependant on the charity of a local priest.
Without a passport, Ms Phillips could not return to Birkenhead, where her four-year-old daughter is
being cared for by relatives.
Today she said: "It has been hell.
"It has been unjust and unfair and I am missing Fiona, and my mum, and my sister so much."
Ms Phillips's case was taken up by Birkenhead labour MP Frank Field who hopes she could be back on
Merseyside by next weekend.
He told foreign secretary David Miliband her treatment had been "appalling" and asked him to make
diplomatic representations.
Within hours, Ms Phillips was informed she could pick up her passport in Houston within the next five
days.
Speaking from digs in Galveston, Texas, she said: "I am still scared and won't believe that I will get
home until I land back in Britain.
"But I hope, for Fiona's sake if not mine, that the nightmare is coming to an end."
Ms Phillip's ordeal began more than five years ago.
She emigrated to Canada in 1986, qualified as a nurse and moved to the US after marrying George
Walton.
They settled in the small Texas town of Kemah.
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=508321&in_page_id=1770 (6 of 16)16/01/2008 20:34:20
British woman tells of her ordeal after being extradited from UK and accused of husband's murder | the Daily Mail
But in 2002, both she and her husband were both shot in the head in their home. He was killed while
skull fragments were driven into her brain.
Her injuries mean she has no recollection of that terrifying night.
Although she said: "I believe a third party was involved, it might have been a home invasion by
robbers."
Local police at first believed it was accidental death. Another theory was that Mr Walton might have
shot her before turning the gun on himself.
Ms Phillips underwent several operations but could not afford US healthcare bills and returned to
Birkenhead where she started a relationship with another man.
"He is no longer around but the result was my beautiful daughter," she said.
The devoted mother set up home in a housing association flat in Lowwood Road, Birkenhead.
But in the meantime, Texas police decided she was a killer and applied for extradition under a new UK
act introduced to ease the return of terrorist suspects following the 9/11 Twin Towers attack on New
York.
She lost an appeal in February last year and spent 10 months in the notorious state penitentiary in
Galveston.
Her trial was set for early November but put back until December 10.
Ms Phillips was cleared but scheduled for deportation back to Britain.
She was then held in custody until December 18 because the US authorities discovered her passport was
in the hands of the federal government in Washington DC.
She was then released on to the streets of Galveston with no passport, no money and a dwindling supply
of the medications she needs for her head injuries.
She said: "They hauled me over here on trumped-up charges. The court quickly saw there was no
evidence, no forensics, no gun residue, no motive. I was vindicated, thrown back in jail, almost
deported, then dumped on the streets of Galveston, dependent on the charity of the local priest.
"Thank God for Father Murphy. Without him and the support of my family and friends I would not have
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=508321&in_page_id=1770 (7 of 16)16/01/2008 20:34:20
British woman tells of her ordeal after being extradited from UK and accused of husband's murder | the Daily Mail
survived this horrible ordeal.
"I need to get home. I miss my family. I need to be a mother to Fiona again. My grandmother died when
I was in jail and that was very hard. I am desperate."
Mr Field claimed Ms Phillips's treatment showed the injustice of the extradition deals with the US.
He said: "The 2003 Extradition Act is heavily biased in favour of America. That is shown here. An
individual is called over to the US at incredible cost, only for the case to collapse.
"She is unwell and needs medical care. I am glad that she will soon be back home with her family."
The Galveston jury which cleared Audrey Phillips heard evidence that to have murdered her husband
she would have to have fired the lethal shot while unconscious.
The murder trial, which opened on December 10, was told that the body of husband George Walton was
found on July 28, 2002, by her two teenage sons from a previous relationship.
Alex Brimble, now 19, testified that when they returned from visiting their biological father they found
their mother on a couch outside the main bedroom with blood coming from a head wound.
He said: "She was kind of out of it. It seemed she didn't really know what was going on."
The boys then went into the adjacent bathroom and found their stepfather dead from a gunshot to the
head. The gun was on the bathroom floor beside him and the glass shower partition also had a bullet
hole in it.
Ms Phillips initially told the local police that she thought her husband had shot her and then committed
suicide, but later suggested there had been an intruder.
Defence attorney Jeremy Ducote said that Ms Phillips had been so traumatised she did not remember
what had happened. He said that either Mr Walton shot her and then himself, or that she had shot her
husband in self-defence.
Dr Stephen Pustinik, chief medical examiner for Galveston County, testified that the shot which killed
Mr Walton had been fired from a distance which ruled out suicide.
But forensic psychiatrist Victor Scarano testified that Ms Phillips would have passed out the instant she
was shot.
That meant she would have had to have fired the killing shot while unconscious or that Mr Walton had
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=508321&in_page_id=1770 (8 of 16)16/01/2008 20:34:20
British woman tells of her ordeal after being extradited from UK and accused of husband's murder | the Daily Mail
fired his shot after being struck in the head.
Ms Phillips was found not guilty after the jury deliberated for just over five hours on December 13.
The US has been using the UK 2003 extradition act to extradite people who have broken no UK laws knowing that they need no evidence of any kind. They also know that once you arrive in the US that even if you have done nothing Illegal that the threat of life behind bars and being remanded in custody for a long period of time while waiting trial is enough to get the extradited person to take a plea. In order to be extradited you must have committed a crime in the UK which has the corresponding crime in the US. In our case we have no criminal records and have been cleared of all wrong doing by the English and Scottish police.
We have spent 214 days on remand away from our four young girls and only a thirty day hunger strike managed to get us bail. Imagine yourself and your partner without notice put in prison without charge without questioning for 7 months not even given the same rights as a common criminal. If there is anybody from the media out there that would like to expand on this horrific story please contact me through this email address: brian@howes.uk.net and I will respond.