Judge says convicted Trumbull County murderer won’t get new trial
A Trumbull County judge has rejected a bid by a convicted murderer in his bid to gain a new trial.
Judge Andrew D. Logan on Thursday ruled that Felix Brown’s claim that he has new evidence in the case were “not well taken” and the judge overruled the defense motion for leave to file a motion for a new trial.
What was Felix Brown’s crime?
Brown, now age 64, was convicted in the February 1995 murder of 26-year-old Monica Brandon in Niles.
Brown had been released from prison just 22 days before Brandon was shot in the head.
In a motion filed in December 2022, the defendant claimed newly discovered evidence, including claims about omissions and alterations in the trial transcript and from two affidavits made by two jurors at his trial, would warrant him a new trial.
But Judge Logan disagreed, saying the transcript issue was outside the scope of an Ohio criminal law rule that requires motions for new trial on account of newly discovered evidence to be filed within 120 days of a guilty verdict unless it can be shown that the defendant was unavoidably prevented from discovery.
Logan said the trial transcript issues were resolved more than 20 years ago during the course of the defendant’s direct appeal.
As for the jurors’ affidavits, Brown claimed he was unaware of this evidence which was obtained by a private investigator in late 2022.
In citing an 11th District court of appeals ruling, Logan cited “there is a material difference between being unaware of certain information and being unavoidable prevented from discovering that information.”
Brown will continue to serve his 18 year to life sentence incarcerated at Grafton Correctional Institution.
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