Texas mum forgives prosecutor after her murder conviction is overturned: 'I can't hold on to that bitterness'

Hanna Overton (center) with her family after her release.(Photo: ABC News video screenshot)

A Texas mother of five has rejoined her family after being incarcerated for the past seven years for a murder she says she didn't commit.

Hannah Overton was released from Nueces County jail on Tuesday on $50,000 bond after her conviction and life sentence were overturned on appeal.

Nueces County District Attorney Mark Skurka has already announced that he will refile capital murder charges against Overton for the murder of four-year-old Andrew Burd – whom Overton and her husband, Larry, were fostering.

Former prosecutor Sandra Eastwood characterised Overton as a cruel, overbearing mother during the 2007 trial.

"Andrew had an enraged mother who didn't— I don't think loved him the way that she loved her own biological children," Eastwood told the jury. "The case boils down to a woman who basically tortured a child.

"Making him sleep on plywood... burning sheets, becoming so enraged she forced him to have 23 teaspoons of hot pepper, and then watched him die in agony." Andrew died from an overdose of sodium.

Defense attorneys said Overton and her husband were in the process of adopting Andrew, and said the child may have had pica – causing him to consume unhealthy amounts of salt.

"It's somebody's worst nightmare," Overton admitted. "After your child dies to be told that somebody think it's your fault."

"We were just waiting for someone to look at it and say this is just an accident," Larry added. "Instead we were arrested."

Larry was also charged with murder, but accepted a plea deal after his wife's conviction. He received probation, and raised the couple's five children in Corpus Christi.

Eastwood was eventually fired for reasons unrelated to the case, although Overton insisted the prosecutor acted unethically during the trial.

"I don't know what her intentions were, what her motive was behind it, but I've chosen to forgive her because I can't hold onto that bitterness," the 37-year-old said after her release.

A new trial date has not been set.