Jacksonville, FL — Former Northeast Florida Democratic Congresswoman Corrine Brown wants to remain out of prison while she appeals her 18 fraud-related convictions and five year prison sentence, but now, prosecutors are making it clear they’re opposed to that.
During Brown's sentencing pronouncement, the government did not object to her being allowed to voluntarily surrender on a date to be determined by the Bureau of Prisons, no sooner than early next month. Last week, Brown formally filed a notice she would appeal to the 11th Circuit US Court of Appeals as well as a motion to remain on bond while that appeal moves forward.
In a Sunday court filing, prosecutors call Brown's motion for release on bond pending appeal "without merit" and ask the judge to deny that request. The government says the only issue raised by Brown is the dismissal of a juror during deliberations, and that issue in itself is not one that justifies her release pending appeal.
FULL COVERAGE: Former Congresswoman Corrine Brown convicted, sentenced in fraud case
After jury deliberations were underway, a juror contacted court personnel to express concerns about another juror, number 13. Juror 13 ultimately confirmed in closed session questioning by the judge that he said at the outset of deliberations that the "Holy Spirit" had told him Brown was not guilty. While he appeared to still be taking part in deliberations, the judge ultimately determined that he was violating the court's instruction to not make a determination on guilt or innocence until the jury had vetted all of the evidence and conducted deliberations. The judge narrowly worded the ruling, saying that while it's permissible for jurors to pray for guidance, this juror saying he had received a specific determination of innocence crossed a line, because it meant that juror was not basing his decision solely on the evidence and law.
An alternate juror was seated, and that panel convicted Brown on 18 charges, while acquitting her on four, about a day and a half later.
The government’s response says a trial court is within its right to remove a juror who does not follow the court’s instructions, and this does not- therefore- present a “substantial” question of law, which is what the defense is calling it as grounds for Brown to be allowed to remain out of prison. The response says jurors were questioned during the selection process about whether they had any personal views that would prevent them from rendering a fair and impartial verdict, and none of those impaneled said they did.
Brown has previously moved for a new trial and judgement of acquittal, in part because of the juror being removed from deliberations. Both of those motions were denied.
Prosecutors are not disputing that Brown is not likely to flee and does not pose a danger to the community. They’re specifically disputing Brown’s claim that the juror dismissal issue raises “a substantial question of law or fact”, which is required under the law in order to allow for release pending appeal. The government says a “substantial question” is one that could likely be overturned at an appellate level.
“It would be extraordinary for an appellate court to review trial transcripts and reverse the factual findings of this Court, which had the first-hand opportunity to question Juror No. 13, observe his demeanor, and assess his ability to discharge his duties,” the government’s filing says.
Prosecutors say the Court was within its authority and used the proper legal standard in its decision to remove the juror.
Through this process, Brown has maintained her innocence. Even during her sentencing hearing, she apologized to supporters for putting them through this and asked the judge for "compassion and mercy", but maintained that her only fault was putting trust in the wrong people. The judge cited her lack of taking accountability as one of the factors he considered in sentencing Brown to five years.
Brown, her former Chief of Staff Ronnie Simmons, and the President of a sham charity called "One Door For Education" Carla Wiley, solicited hundreds of thousands of dollars in donations to One Door, but used the money for personal expenses and lavish events instead. Wiley was the first to plead guilty and help the government build its case- ultimately leading to the indictments of Brown and Simmons. Simmons pleaded guilty ahead of trial, and both he and Wiley testified against Brown.
Wiley was sentenced to one year and nine months in prison, and Simmons was sentenced to four years. Both were also allowed to voluntarily surrender at a date to be determined and have had travel restricted until then. The judge has agreed to Wiley's request to recommend she serve her time in a facility near family in Virginia. Wiley, Simmons, and Brown had all hoped to avoid prison outright.
There is no indication in the court docket when the judge will rule on Brown’s motion.
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