Post by SoulTrainOz on Jul 16, 2006 23:34:43 GMT -5
testing fails
Tom Bower, San Antonio Express-News
A judge Friday denied a request to order DNA testing in the capital murder appeal of Mauriceo Mashawn Brown, placing the 30-year-old San Antonio man one legal step closer to his date with an executioner on Wednesday.
Senior District Judge Gus Strauss issued the ruling after a hearing in which Brown's appellate attorney asked the court to order DNA testing of Brown's clothing and the clothing of DeWayne Dillard, one of three co-defendants.
Brown and Kenneth Foster, 29, were found guilty of capital murder on May 1, 1997, and sentenced to death in connection with the Aug. 15, 1996 attempted carjacking of Michael La Hood Jr.
Pending an appeal before the Texas Court of Criminal Appeals, Brown is scheduled to be executed on Wednesday.
Also accused in the death are Dillard, 30, and Julius Steen, 29, who both testified against Brown.
In 1999, Dillard was convicted in a 1996 murder and sentenced to life in prison.
David Sergi, who is handling Brown's appeals, said Dillard and Steen are prepared to recant their testimony placing the gun that killed La Hood in Brown's hands.
Sergi said DNA testing of Dillard's shirt would show evidence of La Hood's blood, making Dillard the likely shooter, and that DNA testing of Brown's clothing would show no evidence of La Hood's blood, exonerating him.
Assistant District Attorney Ed Shaughnessy argued that such testing would not exonerate Brown, because he admitted being present for the attempted carjacking and he is guilty under the law of parties, which says a person can be convicted of murder if they were present when the crime was committed and had knowledge that the crime would be committed.
"We don't believe it was a fair trial," said Marian Davis, a member of Brown's extended family. "There was not a DNA test of my brother's clothes. He was convicted based on a confession."
Source : San Antonio Express-News
www.mysanantonio.com/news/metro/stories/MYSA071506.02B.BrownAppeal.15
Tom Bower, San Antonio Express-News
A judge Friday denied a request to order DNA testing in the capital murder appeal of Mauriceo Mashawn Brown, placing the 30-year-old San Antonio man one legal step closer to his date with an executioner on Wednesday.
Senior District Judge Gus Strauss issued the ruling after a hearing in which Brown's appellate attorney asked the court to order DNA testing of Brown's clothing and the clothing of DeWayne Dillard, one of three co-defendants.
Brown and Kenneth Foster, 29, were found guilty of capital murder on May 1, 1997, and sentenced to death in connection with the Aug. 15, 1996 attempted carjacking of Michael La Hood Jr.
Pending an appeal before the Texas Court of Criminal Appeals, Brown is scheduled to be executed on Wednesday.
Also accused in the death are Dillard, 30, and Julius Steen, 29, who both testified against Brown.
In 1999, Dillard was convicted in a 1996 murder and sentenced to life in prison.
David Sergi, who is handling Brown's appeals, said Dillard and Steen are prepared to recant their testimony placing the gun that killed La Hood in Brown's hands.
Sergi said DNA testing of Dillard's shirt would show evidence of La Hood's blood, making Dillard the likely shooter, and that DNA testing of Brown's clothing would show no evidence of La Hood's blood, exonerating him.
Assistant District Attorney Ed Shaughnessy argued that such testing would not exonerate Brown, because he admitted being present for the attempted carjacking and he is guilty under the law of parties, which says a person can be convicted of murder if they were present when the crime was committed and had knowledge that the crime would be committed.
"We don't believe it was a fair trial," said Marian Davis, a member of Brown's extended family. "There was not a DNA test of my brother's clothes. He was convicted based on a confession."
Source : San Antonio Express-News
www.mysanantonio.com/news/metro/stories/MYSA071506.02B.BrownAppeal.15
But I just dont think that it is fair that someone who does not pull the trigger can be done for Capital Murder, when the real trigger man takes a deal!!!