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Thread: Mark Dwyatt Brown - Alabama

  1. #1
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    Mark Dwyatt Brown - Alabama

    Facts of the Crime:

    A jury recommended death for Mark Dwyatt Brown who was convicted of capital murder in the deaths of a family of four in 2005. Cleburne County jurors convicted Brown on February 22, 2009 and voted 11-1 on February 26, 2009 for the death sentence.

    On February 8, 2005, Mark Brown and Shannon Brown, who are brothers, and Timothy Patrick Morris allegedly entered a home. Prosecutors say the three men bludgeoned 88-year-old Lena Benefield, and her sons, 69-year-old Reo, and 59-year-old Shable; and 49-year-old Durward to death with a baseball bat and set their house on fire. Shannon Brown and Morris will likely face trial in 2009.

  2. #2
    Administrator Heidi's Avatar
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    AL CCA Tosses Conviction for Mark Dwyatt Brown AL DR in 2005 AL Quadruple Murder

    A jury has recommended death for Mark Dwyatt Brown who was convicted of capital murder in the deaths of a family of four in 2005.

    Cleburne County jurors convicted Brown on Thursday and voted 11-1 on Monday for the death sentence.

    The judge, who is not bound by the jury's recommended penalty, could later impose a sentence of life in prison without parole. An appeal is automatic.

    On Feb. 8, 2005, Mark Brown and Shannon Brown, who are brothers, and Timothy Patrick Morris allegedly entered a home.

    Prosecutors say the three men bludgeoned 88-year-old Lena Benefield, and her sons, 69-year-old Reo, and 59-year-old Shable; and 49-year-old Durward to death with a baseball bat and set their house on fire.

    Shannon Brown and Timothy Morris, of Bremen, Georgia, pleaded guilty to the crimes in 2009. Both are currently serving prison terms: Shannon Brown is sentenced to life in prison without parole, and Morris is sentenced to 21 years in prison.

    http://www.myfoxal.com/myfox/pages/N...Y&pageId=3.2.1

  3. #3
    Administrator Heidi's Avatar
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    Anniston man to appeal death sentence

    An Anniston man sentenced in 2008 to die for the murder of an 88-year-old Plainview woman and her three sons will appeal his conviction next week.

    Mark Dwyatt Brown, 38, was convicted of 18 charges, including capital murder, robbery, burglary and arson.

    He and two other men are convicted of entering the Cleburne County home of Lena Benefield, 88, in February 2005, and bludgeoning her to death with a baseball bat, along with her three sons, Reo, 69, Shable, 59 and Durward, 49. Brown and the other two men then allegedly set the house on fire.

    Brown’s brother, Shannon Brown, and Timothy Morris, of Bremen, Ga., pleaded guilty to the crimes last year. Both are currently serving prison terms: Shannon Brown is sentenced to life in prison without parole, and Morris is sentenced to 21 years in prison.

    An appeal to the Alabama Court of Criminal Appeals is required in all cases that call for the death penalty. Brown’s appeal is the first step in a three-tiered process allowed for all capital murder sentences. During the appeal phase, if the conviction or sentence is reversed, a new trial or re-sentencing could required, according to the state’s death penalty appeals process.

    Mark Brown’s court-appointed attorney Joshua Lane referred questions Tuesday to the Equal Justice Initiative, a non-profit organization that provides defense attorneys for indigent defendants. Attempts to contact attorneys repre-senting Mark Brown at that organization Tuesday were unsuccessful.

    http://annistonstar.com/bookmark/7397097

  4. #4
    Administrator Heidi's Avatar
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    Appeals court reverses death sentence in gruesome Cleburne County quadruple murder

    MONTGOMERY, Ala. -- A state appeals court today reversed the capital murder conviction and death sentence of Mark Dwyatt Brown in the 2005 killing of four people at a Cleburne County residence.

    In a separate decision, the Alabama Court of Criminal Appeals upheld the death sentence given to Oscar Ray Doster, convicted in the 2002 shooting death of a man in Covington County after Doster broke out of the jail at Andalusia.

    In the Brown case, the court ruled that the trial judge gave the jury crucial instructions that were wrong. The appeals court said the judge should not have told the jury it could convict Brown of capital murder even if he didn't possess the specific intent to kill, so long as one of his two cohorts did possess such intent.

    The ruling set the stage for a possible new trial for Brown.

    According to prosecutors, Brown went to the Cleburne County home with his brother, Shannon Brown, and Timothy Patrick Morris. The three had a baseball bat, duct tape, ski masks, gloves and a gun. Prosecutors said they bludgeoned 88-year-old Lena Benefield and her sons, 69-year-old Reo, 59-year-old Shable and 49-year-old Durward and set their house on fire. Reo Benefield was bound and had a dog food bag placed over his head in a chicken house when he was assaulted, according to prosecutors.

    The appeals court said Brown claimed he "only intended to rob them" and that the judge's instructions to the jury concerning intent require the verdict be reversed.

    In the Doster case, the court noted that the jury voted unanimously in recommending that Doster be sentenced to life without parole for the shooting death of Paul LeMaster of Gantt. But it said the trial judge "meticulously complied" with the law in overruling the jury and sentencing Doster to death.

    Trial judges in Alabama are not bound by jury recommendations.

    http://blog.al.com/wire/2010/07/appe...s_death_s.html

  5. #5
    Senior Member CnCP Legend JLR's Avatar
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    Brown was resentenced to life without parole.

    http://annistonstar.com/view/full_st...enter_featured

  6. #6
    Senior Member Member Johnya's Avatar
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    Quote Originally Posted by Heidi View Post
    Appeals court reverses death sentence in gruesome Cleburne County quadruple murder

    Trial judges in Alabama are not bound by jury recommendations.

    http://blog.al.com/wire/2010/07/appe...s_death_s.html
    Trial judges are also elected, not appointed, so it is advantageous for them to over-rule jury recommendations to appear to be "tough on crime" for their voters.

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