INCLUSION DAILY EXPRESS -- Timothy Brown

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Timothy Brown
"Confessed Murderer" Freed After Other Inmate Confessed To The Crime

"It feels good."
--Tim Brown, who was released from prison in May, 2003 after spending nearly 12 years in prison for murdering a Florida sheriff's deputy. Brown, who reportedly has mental retardation, was freed when his confession to the crime was thrown out after a former jail deputy admitted killing the deputy in February 2002.

2003
June 5: Murder Charge Finally Dropped Against Tim Brown
May 21: After 11 Years And Nine Months Behind Bars, Timothy Brown Is Finally Free -- Almost
May 9: Brown Could Be Released After 11 Years Behind Bars
March 19: After 12 Years In Prison, Timothy Brown's Confession Is Tossed Out
2002
September 23: "Confessed Cop Killer" Gets New Hearing
March 4: Broward County Sheriffs Reportedly Forced More Confessions

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Broward County Sheriffs Reportedly Forced More Confessions
By Dave Reynolds, Inclusion Daily Express
March 4, 2002

MIAMI, FLORIDA--Eleven years ago, Timothy Brown and Keith King confessed to shooting to death Broward County sheriff's deputy Patrick Behan.

Brown is still in prison for the crime. King has served his time.

Last month, the murder case was reopened after former jail deputy and security guard Andrew Johnson reportedly confessed to shooting Behan. Officials say Johnson admitted to the killing during conversations with two undercover agents in an unrelated federal drug probe.

U.S. District Judge Donald Graham scheduled a hearing to hear Brown's request to be released along with the state's response.

Attorneys for Brown and King, who both reportedly have developmental disabilities, have said that the original confessions were forced by investigators and were not consistent with the evidence.

"My son's life has been lost for 11 years," Brown's mother, Othalean, told the Associated Press. "He should not spend one more night in that prison up there."

The revelation comes just a few months after another Broward County murder case unraveled and cast suspicion on how investigators got confessions from suspects.

Last June, DNA evidence cleared Jerry Frank Townsend of several rapes and murders that had taken place more than 20 years ago in Broward County. Townsend, who is considered to have mental retardation, had given police full confessions. He had been convicted of the crimes, even though his defenders pointed out that police had "helped" Townsend remember details and even corrected him when his story was consistent with theirs.

Inclusion Daily Express ran several stories on the Townsend case:
http://www.inclusiondaily.com/news/laws/townsend.htm

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"Confessed Cop Killer" Gets New Hearing
By Dave Reynolds, Inclusion Daily Express
September 23, 2002

MIAMI, FLORIDA--A man who was convicted after confessing to the 1990 murder of a sheriff's deputy might get a new trial because another man has confessed to the same crime.

Timothy Brown, 26, has been serving a life sentence for shooting to death Broward County Deputy Patrick Behan in his patrol car outside a convenience store. Brown had confessed to killing Behan after waiving his right to have an attorney present while he was being questioned. Brown's confession was the only evidence submitted by prosecutors during his 1993 trial.

Brown later said that he had confessed only after Broward County sheriff's deputies threatened, manipulated, pressured and even struck him.

But last year, former corrections officer Andrew Johnson confessed to killing Behan. Johnson told undercover agents that he had meant to kill another officer but ended up killing Behan by mistake.

Two weeks ago, a U.S. District Judge decided to grant Brown a hearing, ruling that a reasonable jury would not have convicted Brown after hearing the evidence against Johnson.

During the hearing Monday Brown's original trial lawyer, Larry Davis, said his client could not have read nor understood his Constitutional rights, including the right to have an attorney present during his interrogation. Brown, who was 14 at the time, reportedly had an IQ of 56. Most experts believe that a person with an IQ score below 70 has mental retardation.

The presiding judge questioned the detectives' interviewing techniques, according to a story from the Miami Herald.

This is not the first time Broward County detectives have been criticized for their investigative techniques.

Last year, Jerry Frank Townsend was released from prison after spending 22 years behind bars for a series of rapes and murders he did not commit. DNA evidence cleared Townsend of the crimes, even though he had confessed to Broward County Sheriff's deputies. His defenders said that detectives had taken advantage of Townsend, who reportedly scored 60 on IQ tests, calling him a "human parrot" who would tell detectives anything they wanted to hear.

Related:
"New phase opens in effort to overturn Behan case conviction" (Miami Herald)
http://www.miami.com/mld/miami/news/4136424.htm
"Jerry Frank Townsend Cleared Of Murders" (Inclusion Daily Express)
http://www.inclusiondaily.com/news/laws/townsend.htm

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After 12 Years In Prison, Timothy Brown's Confession Is Tossed Out
By Dave Reynolds, Inclusion Daily Express
March 19, 2003

MIAMI, FLORIDA--On November 13, 1990, Broward County Sheriff's Deputy Patrick Behan was shot to death in his patrol car while he was parked behind a convenience store.

Fifteen-year-old Timothy Brown, who reportedly has mental retardation and an IQ of 56, was later convicted of the murder based on a confession he gave to detectives. He was sentenced to spend the rest of his life in prison.

Wednesday, U.S. District Judge Donald Graham threw out Brown's confession after determining that detectives failed to properly read him his Miranda rights and to record on tape the lengthy interrogation that led up to his confession.

Brown and his defenders claimed that investigators beat and threatened him in order to get him to sign the confession.

Keith King, who confessed to being an accomplice, has since said he was forced to point the finger at Brown.

Judge Graham told prosecutors that Brown would be released within the next 90 days unless they could come up with new evidence. The confession was considered the "only meaningful evidence" in the case.

To complicate matters for Broward County, former sheriff's deputy Andrew Johnson recently confessed to killing Behan.

Several Broward County convictions based on confessions have been overturned in the past two years.

In 2001, Jerry Frank Townsend was released from prison after serving 22 years, when his confessions to killing several women in the Fort Lauderdale area were thrown out. DNA evidence revealed that Townsend, who also has mental retardation, could not have committed the crimes.

Related articles:
"Judge overturns conviction in murder of Broward deputy" (Miami Herald)
http://www.miami.com/mld/miamiherald/5434263.htm

Related resource:
"Confessed 'Murderers' Convictions Overturned" (Inclusion Daily Express)
http://www.inclusiondaily.com/news/laws/confessions.htm

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Brown Could Be Released After 11 Years Behind Bars
By Dave Reynolds, Inclusion Daily Express
May 9, 2003

FORT LAUDERDALE, FLORIDA--Timothy Brown, who confessed under questionable circumstances to killing a sheriff's deputy, could be released from prison as early as Wednesday. If released, it would be the first time since July 1991 that he has been out from behind bars.

As of Friday, Broward State Attorney Michael Satz had just 37 days to decide whether to release Brown or retry him for the crime.

In the meantime, law enforcement officers have been busy dredging a muddy pond and digging in a back yard in Hollywood, Florida to find physical evidence that would link Brown with Behan's 1990 murder.

Brown has mental retardation and was 14 at the time of the shooting. He and co-defendant Keith King were convicted of killing Behan, but the case against them was based primarily on confessions they gave to investigators, who had little evidence to tie them to the shooting.

Two years ago, a more reliable suspect confessed to killing Behan.

On March 18 of this year U.S. District Judge Donald Graham concluded that Brown never understood his constitutional rights when he confessed. Graham gave prosecutors 90 days to come up with evidence or drop any case against Brown.

Brown's confession is one of several dozen false or questionable murder confessions have been thrown out by Broward County courts, rejected by juries or abandoned by police or prosecutors in the last 13 years, the Miami Herald has found.

Related articles:
"Family awaits Brown's release on bond" (Miami Herald)
http://www.miami.com/mld/miamiherald/5819595.htm

"Spotlight On False Confessions" (Miami Herald)
http://www.miami.com/mld/miamiherald/4791670.htm

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After 11 Years And Nine Months Behind Bars, Timothy Brown Is Finally Free -- Almost
By Dave Reynolds, Inclusion Daily Express
May 21, 2003

FORT LAUDERDALE, FLORIDA--Timothy Brown's life may have finally changed for the better last Wednesday.

For the first time in nearly 12 years, the 27-year-old hugged his relatives in his family's home. He met his new girlfriend that he had only known through letters for the past eight months. He even enjoyed a ham and turkey "Christmas dinner", to make up for all the holiday meals he missed while in prison.

Brown had been convicted of shooting to death Broward County Sheriff's Deputy Patrick Behan in 1990. Brown, who reportedly has mental retardation, was 14 at the time of the murder. His conviction was primarily based on a confession he gave to officers investigating Behan's murder. In 1992, he was sentenced to life in prison.

Brown later said he falsely confessed under physical and psychological pressure from detectives. Last year, another suspect surfaced who gave a more detailed confession to the murder.

In March of this year, a judge overturned Brown's murder conviction and determined that there would not be enough evidence for a present-day jury to find him guilty. Prosecutors have until June 25 to come up with enough evidence to convince the judge to retry Brown. Brown's attorneys say there is little chance of that happening.

Brown was released on $5,000 bond, which was posted by a bondsman who felt it was "the right thing to do".

But the Broward state attorney's office attached extraordinary conditions to Brown's release -- measures which the Miami Herald called a "spiteful insult". Until the June deadline, or until the case is officially dropped, Brown is under house arrest, is monitored by an electronic ankle bracelet, must undergo random drug testing, and could be disturbed at all hours by officers checking in on him.

Brown's is one of at least 38 false or questionable murder confessions have been thrown out by Broward County courts, rejected by juries or abandoned by police or prosecutors since 1990, according to an investigation by the Herald.

One other was that of Jerry Frank Townsend, who also had mental retardation and was released two years ago. Townsend spent 22 years behind bars for a string of murders and rapes before DNA evidence linked another inmate to the crimes. He confessed to the crimes in Broward County and Miami-Dade, but later said investigators took advantage of him by forcing him to confess, "helping" him remember several details, and even turning off the tape recorder to "correct" him when his story was not consistent with theirs.

Related articles:
"'I'm finally going home'" (Miami Herald)
http://www.miami.com/mld/miamiherald/news/front/5863438.htm

"One last, spiteful insult for Brown" (Miami Herald)
http://www.InclusionDaily.com/news/03/red/0520c.htm

Imperfect Justice: An Inmate is Freed, A Killer Remains Loose (Miami Herald editorial)
http://www.miami.com/mld/miamiherald/news/editorial/5871903.htm

Jerry Frank Townsend Cleared of Murders (Inclusion Daily Express)
http://www.inclusiondaily.com/news/laws/townsend.htm

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Murder Charge Finally Dropped Against Tim Brown
By Dave Reynolds, Inclusion Daily Express
June 5, 2003

FORT LAUDERDALE, FLORIDA--Thursday morning, State Attorney prosecutors withdrew a murder charge against Timothy Brown, clearing him completely of the crime for which he spent nearly 12 years behind bars.

Brown's 1991 conviction and life sentence were overturned this past March, more than a year after another inmate gave a more convincing confession to the same murder.

Brown was released from prison May 14 on a $5,000 bond and placed on house arrest, after a judge ruled that there was not enough evidence to keep him locked up. The judge gave prosecutors until June 23 to come up with evidence to begin a new trial against Brown.

But an investigation by the Florida Department of Law Enforcement and the Broward Sheriff's Office ended Tuesday with no new evidence revealed.

The move means that Brown is finally a free man.

"It feels good," said the smiling 27-year-old, who was in the court room -- for the first time as an audience member -- as the charge was officially dropped.

"It means I'll be out and I'll be going to Disney World."

"It's a lot I've lost out on," he said. "I lost all my childhood. I can't go back."

Broward Circuit Judge Ana Gardiner told Brown: "I am sure it has been a nightmare for you . . . and I hope (this provides) some closure for you."

Brown then went to have an electronic monitoring device removed from his ankle.

Brown, who reportedly has mental retardation, was 14 years old when Broward Sheriff's Deputy Patrick Behan was shot to death in his patrol car. Brown was 15 when he confessed to the crime. Later he withdrew his confession, claiming investigators encouraged him to waive his right to remain silent and put physical and psychological pressure on him to confess.

According to an investigation by the Miami Herald, at least 38 false or questionable murder confessions have been thrown out by Broward County courts since 1990.

Related article:
"Prosecutors drop charge against Brown" (South Florida Sun-Sentinel)
http://www.InclusionDaily.com/news/03/red/0605a.htm

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