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| Florida Man Won't Be Retried for Murder |
| By Associated Press |
| Published: 06/06/2003 |
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A retarded Florida man whose murder conviction was overturned after 12 years in prison will not be retried for the slaying of a sheriff's deputy, prosecutors said Thursday. A federal judge in March overturned the conviction against Timothy Brown and determined that a jury would not have returned a guilty verdict based on evidence available today. Brown, 27, was serving a life sentence for the 1990 slaying of Deputy Patrick Behan, who was shot as he wrote a report in his patrol car. Brown, who was 14 at the time of the shooting, said he falsely confessed under pressure from detectives. 'It's a lot I've lost out on. I lost all my childhood. I can't go back,' Brown said as he left the court to have a tracking device used to monitor his movements removed. He had been under house arrest since his release from prison last month. Assistant State Attorney Chuck Morton said in court that investigators 'received additional information and additional allegations pointing to' Brown as the gunman, but the new evidence was not sufficient. Brown's attorney, Tim Day, said he hoped the Behan family eventually sees the killer brought to justice. 'We know that they have lost a loved one and they have not received justice for that. We hope and pray they will,' he said. Morton said his office has asked Gov. Jeb Bush to appoint a special prosecutor to consider charging Andrew Johnson, another suspect in the case who confessed to undercover officers last year. He later claimed innocence, saying he was only bragging. A friend arrested with Brown served eight years in prison after pleading guilty to manslaughter for the death of Behan and unrelated charges. Keith King also now denies he was involved in the shooting. |
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