JACKSONVILLE, Fla. — (The video above is from a previous report)
The 11th U.S. Circuit Court of Appeals formalized former Congresswoman Corrine Brown's conviction reversal Thursday, leaving it up to federal prosecutors to decide whether to re-try her.
After the court vacated Brown’s conviction in May, prosecutors requested a 90-day stay while they considered whether to appeal the decision to the U.S. Supreme Court. The court granted the delay request, but the 90 days expired and the court finalized its mandate.
Prosecutors have not said if they will re-try the aging former lawmaker. She was released after serving just over 2 years of a 5 year prison sentence due to health issues.
Brown was convicted in May 2017 on 18 counts of fraud, conspiracy and tax evasion in what federal prosecutors said was a scheme to plunder some $300,000 from a fake charity for personal use. Brown appealed, arguing that a juror was improperly removed after he told the judge “the Holy Spirit” told him Brown was innocent.
The 11the Circuit Court agreed that the juror was improperly removed and reversed the conviction in May, and issued a 98-page ruling overturning Brown’s conviction on corruption and ordering a new trial.
Back in May, the Eleventh Circuit U.S. Court of Appeals issued a 98-page ruling overturning Brown’s conviction on corruption and tax evasion charges and ordering a new trial.
The court was split 7-4 on the decision, with one judge recused. The majority opinion said, "Because the record establishes a substantial possibility that the juror was rendering proper jury service, the district judge abused his discretion by dismissing the juror. The removal violated Brown’s right under the Sixth Amendment to a unanimous jury verdict. We vacate Brown’s convictions and sentence and remand for a new trial."
The core of the appeal was U.S. District Judge Timothy Corrigan's decision to remove Juror No. 13, whose intransigence caused the jury foreperson to write the judge a note.
The letter read, "Your Honor With all due respect, I’m a little concerned about a statement made by Juror #13 when we began deliberation. He said 'A Higher Being told me Corrine Brown was Not Guilty on all charges.' He later went on to say he 'trusted the Holy Ghost.' We all asked that he base his verdict on the evidence provided, the testimony of the witnesses and the laws of the United States court. Other members of the Jury share my concern. Thank You, Juror #8."
According to the majority decision, Corrigan did not remove the juror for being deceptive about following the jury instructions, "instead, he removed the juror because the juror 'expressed views and (held) views that were, according to the judge, 'by definition' 'inconsistent with his sworn duty as a juror.'"
The majority argued the juror's claim that he was getting information from a higher power should "be construed as his description of an internal mental event, not an impermissible external instruction." But the dissenting judges argued the court shouldn't second guess Corrigan, noting the District Court was "uniquely situated” to make this determination. U.S. Circuit Judge Charles R. Wilson, writing the dissent, wrote, "I would not supplant its judgment with my own."