Convicting the Innocent
DNA Exonerations Database

Roy Brown

First NameRoy
Last NameBrown
Year of Conviction1992
Year of Exoneration2007
Testing inculpated culpritNon-Cold Hit
State of ConvictionArizona
Trial, Bench Trial, or Guilty Plea2 Trials
Type of CrimeMurder
Death SentenceNo
Gender of ExonereeMale
Race of exonereeWhite
Type of Innocence Defense
  • Alibi
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
  • Forensic Evidence
  • Informant
  • Other
Type of Forensic Evidence
  • Bite Mark
Types of Flawed Forensics
  • Invalid
  • Not Disclosed
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 WitnessJ
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 reachedState Post­ Conviction
Claims Raised During All Appeals and Postconviction
  • State Law Evidence Claim
Citations to judicial opinions

People v. Brown, 195 A.D.2d 967 (N.Y.A.D. 4 Dept. 1993)
People v. Brown, 624 N.E.2d 1035 (N.Y. 1993) (Table)
People v. Brown, 663 N.E.2d 1258 (N.Y. 1995) (Table)
People v. Brown, 711 N.E.2d 647 (N.Y. 1999) (Table)
People v. Brown, 2007 WL 584520 (N.Y.A.D. 1 Dept., 2007)

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