| Patrick Brown | Incident Date: 4/8/01 Jurisdiction: PA Charge: Burglary, robbery, illegal possession of a firearm and criminal conspiracy. Conviction: Burglary, robbery, illegal possession of a firearm and criminal conspiracy. Sentence: 22-70 years |
Year of Conviction: 2002 Exoneration Date: 6/17/10 Sentence Served: 7 years Real perpetrator found? Yes Contributing Causes: Eyewitness Misidentification Compensation? Not Yet |
Patrick Brown spent seven years in prison for a home invasion he did not commit. DNA evidence at his trial had excluded him as a contributor, but he was only released after that DNA matched another man.
The Crime
On April 8, 2001, two intruders broke into a Dauphin County, Pennsylvania, home. One man wore a blue bandana and carried a semi-automatic rifle; the other wore a red bandana and carried a sawed-off shotgun. When the homeowner and his friend denied the presence of any money in the house, the man in the blue bandana struck the homeowner across the face with his assault rifle. In the act of raising his arms to stop the attacker from striking him again, the victim knocked the bandana off the man’s face. The homeowner believed that he recognized the assailant as a man known as O. G. or Giggles, and cried, “O. G., why are you robbing me?” He was then struck by the rifle again.
The intruders went through the house to search for the safe and the homeowner retrieved a gun, with which he attempted to intercept the two attackers. They subsequently fled through the back door.
The Investigation
The intruders left behind a blue bandana and a hammer when they fled. Weapons, a glove and other items of evidence were discovered in the house and surrounding area. Three latent fingerprints and a footprint were found, but could not be identified. An officer from a nearby county said that he had an active case involving Giggles, whom he knew to be Patrick Brown.
Brown was included in a photo array, and the victim positively identified him as the attacker wearing the blue bandana who had struck him with the assault rifle. Brown was arrested shortly thereafter.
The Trial
At trial, the friend who was present at the crime scene testified on Brown’s behalf, saying that he knew him and that he had not been one of the assailants. A forensic expert testified that DNA analysis from the glove and blue bandana excluded Brown as a contributor of the DNA found on them. In spite of this evidence, Brown was convicted of burglary, robbery, illegal possession of a firearm and criminal conspiracy. In 2002, he was sentenced to 22 to 70 years in prison.
Post-Conviction
In 2009, Brown heard an inmate say that another inmate had confessed to him that he had committed the crime for which Brown was convicted. Brown’s attorney then filed a petition asking that DNA from the crime scene be tested against this inmate’s DNA.
The prosecutor, Francis Chardo, told Brown and his attorney that the crime scene DNA had already been run through the CODIS databank and matched this new suspect. Chardo claimed that he had sent a letter about this to Brown in 2006, but he could not produce any evidence of this. On June 17, 2010, Brown was granted a new trial and the charges were dismissed.
However, Brown remained in prison for an unrelated charge. While incarcerated, he had an altercation with some of the prison guards. When they threatened to useAfter being mMaced, Brown flailed his arms and inadvertently struck one of the corrections officers. Chardo, who had been informed of the exculpatory CODIS hit, convinced Brown to plead guilty to the assault, saying that he would be judged harshly by a jury for his previous (wrongful) conviction. Chardo didn’t mention the CODIS results at this time or at a previous in-person meeting. Brown has filed a civil lawsuit against Chardo, which is pending.
The Crime
On April 8, 2001, two intruders broke into a Dauphin County, Pennsylvania, home. One man wore a blue bandana and carried a semi-automatic rifle; the other wore a red bandana and carried a sawed-off shotgun. When the homeowner and his friend denied the presence of any money in the house, the man in the blue bandana struck the homeowner across the face with his assault rifle. In the act of raising his arms to stop the attacker from striking him again, the victim knocked the bandana off the man’s face. The homeowner believed that he recognized the assailant as a man known as O. G. or Giggles, and cried, “O. G., why are you robbing me?” He was then struck by the rifle again.
The intruders went through the house to search for the safe and the homeowner retrieved a gun, with which he attempted to intercept the two attackers. They subsequently fled through the back door.
The Investigation
The intruders left behind a blue bandana and a hammer when they fled. Weapons, a glove and other items of evidence were discovered in the house and surrounding area. Three latent fingerprints and a footprint were found, but could not be identified. An officer from a nearby county said that he had an active case involving Giggles, whom he knew to be Patrick Brown.
Brown was included in a photo array, and the victim positively identified him as the attacker wearing the blue bandana who had struck him with the assault rifle. Brown was arrested shortly thereafter.
The Trial
At trial, the friend who was present at the crime scene testified on Brown’s behalf, saying that he knew him and that he had not been one of the assailants. A forensic expert testified that DNA analysis from the glove and blue bandana excluded Brown as a contributor of the DNA found on them. In spite of this evidence, Brown was convicted of burglary, robbery, illegal possession of a firearm and criminal conspiracy. In 2002, he was sentenced to 22 to 70 years in prison.
Post-Conviction
In 2009, Brown heard an inmate say that another inmate had confessed to him that he had committed the crime for which Brown was convicted. Brown’s attorney then filed a petition asking that DNA from the crime scene be tested against this inmate’s DNA.
The prosecutor, Francis Chardo, told Brown and his attorney that the crime scene DNA had already been run through the CODIS databank and matched this new suspect. Chardo claimed that he had sent a letter about this to Brown in 2006, but he could not produce any evidence of this. On June 17, 2010, Brown was granted a new trial and the charges were dismissed.
However, Brown remained in prison for an unrelated charge. While incarcerated, he had an altercation with some of the prison guards. When they threatened to useAfter being mMaced, Brown flailed his arms and inadvertently struck one of the corrections officers. Chardo, who had been informed of the exculpatory CODIS hit, convinced Brown to plead guilty to the assault, saying that he would be judged harshly by a jury for his previous (wrongful) conviction. Chardo didn’t mention the CODIS results at this time or at a previous in-person meeting. Brown has filed a civil lawsuit against Chardo, which is pending.
| Patrick Brown | Incident Date: 4/8/01 Jurisdiction: PA Charge: Burglary, robbery, illegal possession of a firearm and criminal conspiracy. Conviction: Burglary, robbery, illegal possession of a firearm and criminal conspiracy. Sentence: 22-70 years |
Year of Conviction: 2002 Exoneration Date: 6/17/10 Sentence Served: 7 years Real perpetrator found? Yes Contributing Causes: Eyewitness Misidentification Compensation? Not Yet |