In a rare event, a politician is sticking his neck out and seeking justice for a man that the system has chewed-up and spit out. State Sen. Dwight Bullard, D-Miami, has drafted legislation to provide $1.9 million in compensation to Barney Brown. The bill (SB 48), which will be considered during the 2015 legislative session, would attempt to compensate Mr. Brown for wrongfully incarcerating him for thirty-eight years. The measure is “based on a moral desire to acknowledge those who are wrongfully convicted of a felony offense, incarcerated as a result of that conviction, and determined to be actually innocent.”

It is refreshing to see a politician fighting to protect the individual rights of citizens, especially when the government was the responsible party for the individual’s rights being violated.

If anyone deserves compensation for being wronged by the legal system, it is Barney Brown. He spent thirty-eight years locked in a cage for a crime that he did not commit. Additionally, the conviction was a clear constitutional double jeopardy violation and the charges themselves were probably brought against Brown primarily because of his race. This fate would cause even the most even-keeled man to be consumed by vindictive rage. But not Barney Brown.

The story of Barney Brown tells the tale of a man battered, but not broken, by the legal system.

It took nearly forty years for the truth to prevail. Lawyers Benedict Kuehne and Susan Dmitrovsky took Brown’s case before Judge Antonio Marin of Florida’s 11th Judicial Circuit Court and the judge delivered an opinion that vacated Barney Brown’s conviction and discharged him from all liability for the charged offenses.

Judge Marin’s ruling stated,

This case presents a clear example of a grievous constitutional double jeopardy violation[.] As a result of this clear constitutional maxim, Mr. Brown should have never been forced to defend himself against the same rape and robbery charges a second time. His life sentences for the 1970 adult court convictions should have never happened. His incarceration within Florida’s prison system for most of his adult life should not have taken place.

In order to truly understand how Barney Brown was wronged by “authorities”, it is important to understand the timeline of events that led to Barney Brown being thrown in jail for nearly forty years.

From the Orlando Advocate:

In 1970, Barney was a 13-year old African American living in Hollywood, Florida. On March 23rd of that year, the Florida Highway Patrol pulled over a car in which Barney was a passenger. The police then took Barney and his companions—who were also young African American boys—to Palm Beach County Jail. Barney and his friends were detained for four days, during which time authorities never filed any charges against them, nor notified their parents. After four days of detention, Barney and his friends were brought to Dade County (now Miami-Dade) on suspicion of raping a white woman and robbing her and her husband. From the beginning, Barney, who had no previous criminal record, asserted that he was completely innocent and didn’t know anything about the crime. He was asked to stand for several lineups, but each time, the victim was unable to identify him as her attacker. Nevertheless, the police refused to believe him or the victim. Barney was brutally interrogated. He was beaten so badly that his right eye swelled shut. He still cannot see out of it. On April 30, 1970, Barney was tried for rape and robbery in juvenile court. Barney pled not guilty. And when the victim was called to the stand, she still could not identify Barney as her attacker. The judge in the case acquitted Barney of all charges and ordered his case to be dismissed. Barney’s nightmare should have ended there, but it didn’t. Despite his acquittal in juvenile court, the prosecutor retried him in adult court and asked for the death penalty, which was permissible at the time. Barney again pled not guilty, despite the fact that the prosecution offered him three years in a juvenile facility in exchange for a guilty plea. When Barney’s mother heard about the prosecutors’ deal, she begged him to accept it. But Barney couldn’t do it. “Maybe I could lie about other things,” Barney explains, “but I couldn’t lie against myself.” In violation of the U.S. Constitution’s prohibition of double jeopardy—“nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”—Barney was convicted of the same rape and robbery he had already been tried and acquitted of. The jury voted 7-5 to have mercy on Barney, and so instead of being sent to his death in the electric chair, they sentenced him to life imprisonment without the possibility of parole.

Even after experiencing the living hell of serving the time for a crime he did not commit, Barney Brown made a conscious decision not to feel sorry for himself.

Barney tried to use his time in prison in a positive way. Brown said:

I grew up in prison, learning every positive lesson I could. I finished high school, attended college, earned a college degree, obtained FCC certification as a radio technician, and taught inmates to read. Every day, then every year, then every decade, I knew I would get out of prison because I did nothing wrong”

It is easy to root for someone like Barney Brown, who made lemonade out of lemons when he was dealt rotten cards. Not everyone in similar situations to Brown has this attitude, but that doesn’t make them any less deserving of being compensated for the injustices against them.

We will know that society is gaining a better understanding of individual rights when not only the wrongfully convicted are awarded compensation, but those convicted of victim-less crimes are set free and compensated as well. When this occurs it will be a telltale sign that the world could be ready for a government that protects, instead of violates, individual rights.

Check out our past editions of Felony Friday!



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