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LOGAN — A Logan woman who has spent the past 15 years in prison for murder will soon get another day in court to proclaim her innocence.
Debra Brown, 53, will have a post-conviction hearing on the evidence in her case starting next week. This opportunity for her was made possible by a 2008 change in state statute that allows for such a hearing when new evidence in a case — even if it is not DNA evidence — is found.
Brown was convicted of murder in 1995 for the Nov. 7, 1993, shooting death of her "long-time friend and employer" Lael Brown, who is not related to Debra Brown. She found the man dead in his home, lying in his bed with three gunshot wounds in his head.
This new statute allows claims of innocence that doesn't involve biological evidence, if an eyewitness recants, cases of mistaken identity or a confession by a real perpetrator.
–Katie Monroe
Almost a year later, she was arrested and charged with murder. One year after that, she was convicted by a jury and sentenced to life in prison.
"Debra Brown has maintained her innocence from the day the police focused their investigation on her through 15 years of incarceration," a memorandum filed by her attorneys states.
Katie Monroe, director of the Rocky Mountain Innocence Center, said her office has been working on the case for well over seven years, but couldn't have called for a hearing like this before the change was made by the Legislature.
"This was the first case filed under the statute," Monroe said. "This new statute allows claims of innocence that doesn't involve biological evidence, if an eyewitness recants, cases of mistaken identity or a confession by a real perpetrator."
Monroe said it took time, not just for Utah, but for the nation to "come to terms with the fact that our criminal justice system makes mistakes." She said the advances of DNA testing that led to exonerations helped open peoples' eyes to that fact.
"It's a human system," she said. "There is room for error at every level. … Knowing that the system makes mistakes made it necessary to create statutes that give remedies to people in prison."
Monroe said another break that helped in the Debra Brown case was a shift of power in the Logan Police Department that led to greater access to the evidence in the case. Debra Brown's attorneys contend in court documents she was convicted on "circumstantial evidence" that "went unchallenged by the defense" who represented her at trial.
"New evidence uncovered during an extensive post-conviction investigation confirms that Ms. Brown was wrongfully convicted," the court memorandum states.
This evidence includes information from police and witnesses identifying someone who was seen after Lael Brown's death with money and a gun like the one used in the shooting, police notes indicating officers failed to collect "critical physical evidence" from the scene and reports from neighbors that gunshots were heard "at times contrary to the prosecution's case" and when Debra Brown had an alibi.
Assistant Attorney General Scott Reed said because the hearing is the first of its kind, prosecutors aren't sure what to expect from it.
"From the state's perspective, it's a little unusual," Reed said. "We, on the one hand want to preserve the integrity of the conviction if, in fact, she is guilty, but we certainly don't want to foreclose the possibility she may be innocent."
That said, Reed is confident in the state's case and said his office thinks they know what the new evidence in the case is and he doesn't believe any of it is as "clear and convincing" as is required to achieve the determination of innocence for Debra Brown.
"She's been convicted and she's presumed guilty unless her lawyers can convince the judge there is clear and convincing evidence that she absolutely could not have committed the crime," he said. "This is not a re-trial, not a place to establish reasonable doubt as to her guilt."
Reed pointed out that there is no DNA evidence in the case, no witness to recant their testimony and no confession coming from the man defense attorneys believe may be responsible.
"He's dead," he said.
Evidence in Debra Brown's factual innocence case will be heard by 2nd District Judge Michael DiReda beginning Tuesday, but first there is one more matter to consider. DiReda previously denied Debra Brown's petition for post-conviction relief because it was filed outside of the statute of limitations, assistant attorney general Erin Riley said.
She said a determination of factual innocence involves an absolute assertion that someone did not engage in the conduct for which they were convicted, whereas a post-conviction relief case generally seeks to have the case vacated.
The hearing on evidence will take place regardless, she said, but DiReda will determine Friday whether attorneys can also pursue the petition for post-conviction relief.
E-mail: emorgan@desnews.com
