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There was NO PHYSICAL EVIDENCE. There was no MOTIVE. He HAD AN ALIBI. He was the ONLY PERSON EVER INVESTIGATED OR CHARGED for this crime. EVIDENCE, OFFERS, AND WITNESS PLEA DEALS WERE WITHHELD. Brandon was shutout from participating in his defense by the prosecution and, his public defender. Twenty-three-years later, our family endures amid the fact that burden of proof was not upheld or presented to a court of law. Together with my husband, family, and Brandon’s circle of supporters we are working to raise $15,000 for his legal fees with the hopes that he will be freed.
At 20 years old, our son, Brandon Brown, became yet another captive of mass incarceration in the United States. In 2000, he was taken from our family and railroaded through a wrongful conviction of first-degree murder and sentenced to life in prison, without the possibility of parole.
In 2003, the Duke Law Innocence Project, a volunteer student organization that works to exonerate victims of wrongful convictions, took on his case because of the overwhelming lack of evidence that lead to a conviction that carries a natural life sentence. Over 16 years, we have chronicled how his rights were violated in New Hanover County in North Carolina.
It took 10 years for the students of Duke University’s School of Law to be granted access to physically review all the files located at the District Attorney’s Office. In 2013, they discovered 187 documents that had NEVER been previously disclosed. These court records revealed the following mountain of upsetting information:
BRADY MOTION VIOLATIONS. Due process (5th and 14th Amendments clauses) requires disclosure of any evidence that provides grounds for defense to attack the reliability, thoroughness, and good faith of the investigation to impeach the credibility of a state’s witness, or to bolster the defense’s case.
- Witness A [not a codefendant] was given a plea deal on an unrelated case in exchange for his testimony but the plea deal was NOT documented until after Brandon was sentenced. The jury and my son NEVER got to review this information.
- Witness A testified at Brandon’s trial that he did not received a plea deal but had pending charges. When asked why he was testifying Witness A replied, “I do not want to be up in this chair right here testifying right now. What I want you to be able to do is credit me any possible way you possibly can so I don’t have to be up here, you know what I mean?”
- One-year after our son’s case ended, during Witness A’s plea-deal hearing, Witness A disclosed that the Assistant District Attorney (A.D.A.) gave him a plea in exchange for testifying against a childhood friend in a murder case. Research presented by the students of Duke Law revealed that the only murder trial at that time for the then sitting A.D.A. was our son’s case.
WITNESS ID ABNORMALITIES. At the time of the crime, Witness B was sitting in the passenger seat, the victim was in the driver’s seat, and a 3rd party was seated behind the driver.
- Witness B [not a codefendant], provided Brandon’s name before he picked his picture from a digital lineup. However, Witness B could not confirm meeting or knowing Brandon before the night of the crime or sitting at the computer. Witness B was left alone in a room to sift through pictures on a computer that allowed him to also see the names associated with the pictures.
- Witness B initially withheld information about the 3rd party that was seated directly behind the victim when he was shot in the car.
- The 3rd party witness was discovered by police when blood from an unidentified person was found behind the driver’s seat with forensic analysis.
- After being confronted by DNA evidence Witness B then gave police the 3rd party’s name. The 3rd party witness in the car NEVER testified, picked Brandon out of a photo lineup or identified him in any statements.
PUBLIC DEFENDERS BIASNESS. Brandon was convicted solely on the testimony of 2 individuals. He asked his public defender to review his DISCOVERY on countless occasions after noticing several contradictions BUT was DENIED ACCESS TO THE FILES. A, then 64-year-old white female criminal defense attorney fervently dismissed all of Brandon’s requests.
- We did not get to review his full discovery until 2013.
- Brandon requested that his attorney subpoena the 3rd party witness in the car. She refused.
- Brandon requested that his attorney check the cell phone records of Witness B due to a tip he received while awaiting trial. She refused.
- She referred to all parties involved in our son’s case by name expect when she mentioned his alibi witness or girlfriend. Instead she opted to call them his “white ex-girlfriend” and “black girlfriend”. When he asked her to call them by their names; she refused.
- Before his trial began, he wrote the Superior Court Judge three letters that lead to his grievance being heard. Unfortunately, without him being able to say much during the hearing Brandon’s motion to substitute counsel was denied.
- The DAY AFTER his motion was denied the Assistant District Attorney offered him a plea deal, but his Public Defender never disclosed this to Brandon. He learned of the plea deal in 2013.
Unfortunately, the lack of motive, DNA evidence, a weapon or information that hold the interest of groups like the Duke Law Innocence Project is also the reason they are not able to bring forth an exoneration case on his behalf. However, our family and his team of supporters continue to lobby on his behalf and found several attorneys that believe he has strong grounds for an appeal. We are looking to raise $15,000 to help with legal fees to continue the work of our son’s post-conviction appeal.
PREPARATION FOR A LIFE ON THE OUTSIDE. In planning, mentally and spiritually for his future he has acquired the following:
Blackstone Career Institute
- Legal Assistant/Paralegal Diploma
Halifax Community College
- A HRD Technical Awareness Certificate
- Food Service Technology Certificate
- Masonry Certificate
- Small Engine and Equipment Repair Certificate
- Introduction to Computers 1
College of the Albemarle
- Industrial Sewing Certificate
- Digital Embroidery Design Certificate through the
North Carolina Department of Public Safety
- Fatherhood Accountability Training Certificate
Cape Fear Community College
- CFC Certification (received prior to his conviction)
Thank you for taking the time to read our story and for your prayers and donation.
Sincerely,
Brenda and Arthur Brown
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