First Name | Roy |
Last Name | Brown |
Year of Conviction | 1992 |
Year of Exoneration | 2007 |
Testing inculpated culprit | Non-Cold Hit |
State of Conviction | Arizona |
Trial, Bench Trial, or Guilty Plea | 2 Trials |
Type of Crime | Murder |
Death Sentence | No |
Gender of Exoneree | Male |
Race of exoneree | White |
Juvenile | No |
Type of Innocence Defense |
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Description / Quotes from Testimony Concerning Defense | ● Bite mark analysis showed that bite marks on victim was inconsistent with defendant’s teeth ● Several witnesses told police that they were with defendant the night of the murder |
Did the defendant testify at trial? | No |
Types of evidence at trial |
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Type of Forensic Evidence |
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Types of Flawed Forensics |
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Reason why invalid | (2) Invalid failure to exclude |
Brief Quote / Description of Testimony | At least four bite marks “entirely consistent” but noted also an “apparent inconsistency.” Rather than exclude, the analyst called this an “explainable consistency” citing to curvature of the thigh surface that the mark appeared upon. In addition, the inconsistency was gross and apparent; Brown had two incisors removed years before and only possessed two incisors, while the marks showed four incisors. The state also did not disclose that Dr. Levine, chief odontologist for NY State Police office, found the marks inconsistent and excluded Brown. See Part II.D. for a discussion of this case. |
Jailhouse informant, Co-defendant, Incentivized Witness | J |
Examples of Non-Public or Corroborated Facts and Inconsistencies | ● No non-public facts in statement, just a bare admission |
Quotes from testimony #3 | “A. Well, I asked him, I said, Kip, you crazy mother fucker, did you actually do it or did you do her; and he said, yeah, I got the bitch or the whore and shedeserved it, something along those lines.” |
Quotes regarding any deal or leniency with informant, or prior use of informant | “Q. And you did possess the firearm, didn’t you? A. For a short period of time, yes. Q. And you told the police that too, didn’t you? A. Yes. Q. You weren’t charged with any felony, were you? A. No, I was not. Q. You weren’t charged with anything, were you? A. No, sir, I was not. Q And that’s because you offered this information at that time to save your own soul, correct? A. No, that is not correct.” |
Highest level reached | State Post Conviction |
Claims Raised During All Appeals and Postconviction |
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Citations to judicial opinions | People v. Brown, 195 A.D.2d 967 (N.Y.A.D. 4 Dept. 1993) |