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Justice for Joseph
03/05/09 - 01:24 PM
WMBB News Department
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Bay County, Fla:

Everyday activists groups are working to exonerate convicted criminals with new technology whether it be DNA, fingerprint databases, or fiber analysis. But some crimes leave little forensics evidence and rely heavily on eye witness testimony.

The case of Joseph Brown is one such case. In 1999 Brown was convicted of a crime largely due to two eye witnesses picking him out of a line-up. In the nearly 11 years since the Publix on Middle Beach Road was robbed, Brown has maintained his innocence. Brown has written letters and called anyone that would listen. But for the most part, his cries have fallen on deaf ears. That was, until 2003. Five years after the crime, Joseph Wilson came forward and signed an affidavit confessing the the armed robbery.

Wilson was arrested in June of 1998 after a string of robberies throughout several Florida counties. He is currently serving a sentence of 40 years for those crimes. In each robbery, Wilson claims his method was similar. He would wait until closing time and approach a cashier pretending to purchase items. Wilson told News 13 in 2008 that he would then flash a gun and tell the clerk he did not want to make a scene but to give him money.

This method is similar to what happened at the Publix in May of 1998. A 17 year old cashier, Angela McLendon, was approached by a man carrying canned goods and a bottle of wine. Within a few seconds the robbery was over but McLendon was able to describe the man and helped authorities create a composite. That composite was recognized by another witness, Kathy Valenti. Though the wine bottle was dusted for prints and none were found matching Brown, both women were able to pick him out of a photo line-up.

But Wilson insists he committed the robbery and says there’s evidence to prove it. When Wilson was arrested in Escambia County he had a license plate on his truck that was stolen from the Walmart on Middle Beach Road’s parking lot the same day the Publix on Middle Beach Road was robbed.

Wilson’s confession has been the basis of many appeals for post conviction relief but so far, Brown’s life sentence has stuck. It was most recently affirmed in 2008 when Judge Dedee Costello rejected Brown’s motion for relief based on newly discovered evidence. Costello found Wilson’s confession not credible because he could not recall the amount of money he received from the robbery or the day of the week the robbery occurred. Other factors working against Wilson’s confession include his original denial to committing the crime when he readily admitted to other robberies. Wilson explains this by saying he was double crossed by another inmate who told police about the Publix robbery before Wilson had a chance to confess.

Eventually though Wilson learned of Joseph Brown’s life sentence for the robbery and had a change of heart. “I couldn’t let someone go to prison for life for something I did. I don’t care who it is,” says Wilson. Unfortunately, Wilson waited to confess until five years later when the statute of limitations ran out, meaning he could no longer be charged for the crime. This was another factor in Costello’s decision to deny Brown’s motion for post conviction release.

In addition, witnesses Valenti and McLendon did not identify a picture of Joseph Wilson as the man they saw at Publix the night of the robbery. Joseph Brown’s attorney, Phil Patterson, has his own theories about this. “I think it’s just one of those things where they trust the cops to do their jobs and believe them when they say they’ve got the right guy,” says Patterson.

Patterson, along with a Panama City Attorney, Tanya Higgins, work tirelessly, and often on their own time, because they do believe Wilson’s confession. “Anyone who knows what’s going on here can’t stand it,” says Patterson. The two have recently appealed Costello’s last decision denying Brown a new trial. The basis for this appeal to the District Court of Appeals is that Patterson believes Costello used the wrong standard for determining what constitutes a credible confession. “The confession should be put to a jury for them to decide what’s credible,” says Patterson.

Patterson expects the State of Florida to file a response to the District Court of Appeals in the next month or so. The DCA can then take up to six months to do one of several things. DCA could flat out deny Brown’s motion for a new trial and kill the case all together. The DCA could also grant Brown a new trial where all evidence could be brought in for Brown’s defense; or the DCA could certify a question to the Florida Supreme Court asking for guidance on the credible confession issue.

Until the DCA rules, Brown will remain in a Florida Prison. However, former Prosecutor Mark Graham remains convinced that Brown did rob the Publix. In an email to News 13 Graham had this to say:

“Read all the post conviction orders. Brown has lied since day one and he continues to lie today. Remember the jury was only out 17 MINUTES! This was not a tough case.”

Click Here to read Joseph’s latest appeal…

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