The state Supreme Court appointed a referee, Orange County Superior Court Judge Daniel J. "I had people at the Orange County forensic lab re-interviewed and then, bingo, we found this test that we had been looking for for 13 years," Etra said. Los Angeles lawyer Donald Etra, who represented Brown on appeal, said he learned of the existence of the positive test in November 1993 while preparing to challenge Brown's conviction in federal court. The court majority held that even if the prosecutor was unaware of that result, he had a duty to discover it and turn it over to the defense. Apparently unbeknown to the defense lawyers and the prosecutor, the blood had been examined using two different testing methods, one of which indicated the possible presence of phencycli-dine (PCP). But the only blood test presented at his trial showed no indication of drugs in Brown's system. A defense lawyer argued during Brown's trial that Brown did not have the capacity to commit premeditated murder because he was under the influence of metham-phetamines and alcohol at the time of the killing. We'll retry him." The prosecutor added, however, that no decision has been made by his superiors. Bryan Brown, who prosecuted the defendant, said Thursday: "This guy is not getting out. Second-degree murder of a peace officer carries a sentence of 25 years to life. A30 FRIDAY, APLOS ANGELES TIMES INMATE: Court Ruling Continued from A3 spending the rest of his life in jail anyway," said Supervising Deputy Atty.
0 Comments
Leave a Reply. |