McKINNEY, Texas -- A Houston man who is being prosecuted in a forgery case said he is a victim of misidentification and identity theft.

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Video: Texan Charged In Forgery Case Claims ID Theft

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Willie Jones said the lines of prosecution and persecution are being blurred in the Collin County courthouse. He said Collin County's district attorney's office knows it's prosecuting the wrong man but has refused to drop charges.

"Basically what we have is another innocent man being prosecuted," Jones' attorney, Andre Wheeler, said.

Jones, 54, has been charged in a check-forgery scheme and faces trial in August.

On Nov. 9, 2007, three men walked into the Texas Capital Bank in Plano and attempted to cash bogus checks. One of the checks had Jones' name and address on it.

"His identity was stolen," Wheeler said. "It's obvious based on the way the check was drafted."

Police used the information on the phony payroll check to get Jones' drivers license photo, and a teller at the bank identified him from a photo lineup as the man who tried to pass the bad check.

But Jones' employer swore in an affidavit that Jones was working on Nov. 9, 2007.

"He was in Houston, Texas, at the time that this occurred," Wheeler said.

Jones drives a truck for a living. His employer even turned over logs of deliveries he made that day between 6:30 a.m. and 5:15 p.m.

"When he does those deliveries and pickups, he has to sign off on those as well," Wheeler said.

Wheeler said that, based on bank surveillance photos of all three men, his client is not one of them.

Jones was arrested on the job, spent three days in jail and has visited the Collin County courthouse twice, but he said he is willing to bear any expense to clear his name.

"If my freedom costs that much, that's what it's going to cost me," he said. "Going through the judicial system, freeing me -- it means a whole lot more than just some money."

NBC 5 asked to speak to someone from the Collin County District Attorney's office about Jones' case, but the office has a policy of not commenting on pending cases.