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Ruling Tosses Out 1991 Verdict for Illinois Inmate
By Chicago Tribune
Published: 09/23/2002

A federal appeals court in Chicago has ordered a new trial or the immediate release of a man convicted of a 50-cent robbery because his history of schizophrenia never was fully explored by his lawyers, court-appointed mental experts or the judge who sent him to prison for 30 years.
Calling the case a 'tragic breakdown' in the criminal justice system, the U.S. Court of Appeals for the 7th Circuit criticized defense lawyers for Johnnie Brown, the psychiatrists who examined him before trial and the probation officer who investigated Brown's background before sentencing.
'Not only did Brown's public defender trial attorneys drop the ball; so did the court-appointed mental health doctors and probation officer, all of whom failed to conduct even a sufficient inquiry into his family background and extensive medical history,' the appeals court said. Although Brown's psychiatric records were subpoenaed from prison officials, there is no indication the records were sent.
The appeals court also accused Brown's trial lawyers of filing 'self-serving affidavits once their lackadaisical lawyering was revealed and challenged.'
Brown, now 43, was convicted in 1991 of using a knife to rob another man of 50 cents and a token from an adult bookstore. He is serving a 30-year prison term in the Dixon Correctional Center.
Illinois Assistant Atty. Gen. David Iskowich, who represented state officials, said no decision has been made on whether to appeal the ruling, seek a retrial or release Brown.



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