Defense attorney Douglas Rankin exits Kings County Supreme Court Tuesday after the jury entered deliberations in the murder trial of 17-year-old Tiana Browne, who is charged with stabbing her cousin more than 30 times in 2008. (Evan MacDonald/The Brooklyn Ink)
The case against Tiana Browne, 17, was declared a mistrial Wednesday morning by Judge Albert Tomei. This decision was based on the fact the prosecution failed to disclose that Marva Braithwhite, the mother of the victim, had a criminal record. Browne was facing charges of second degree murder after she was apprehended for stabbing her cousin Shannon Braithwhite, 15, several times in September 2008.
“The rush to judgment by the prosecution has resulted in a lot of egregious errors on their behalf, they did not follow,” said Douglas Rankin, defense lawyer of Tiana Browne, The defense and the prosecution will appear tomorrow morning in court to present arguments about whether a new trial is in order. The defense insists that Browne is in need of medical treatment and sould not go to not jail.
“I am going to push for a close look at her psychiatric records”, said Rankin.
Mark Hale, the prosecuting attorney said that he will seek a new trial against Tiana Browne. Hale added that he would not accept a proposal that just provided Browne with psychiatric help. “This is what the trial is about,” he said.
The jury had begun deliberations yesterday in the trial of the Brooklyn teen charged with stabbing her cousin to death two years ago.
Tiana Browne, 17, was charged with second degree murder in the stabbing of her cousin, 15-year-old Shannon Braithwaite, more than 30 times in September 2008.
In its summation yesterday, the defense argued that Browne is not responsible for the crime because she was suffering from post-traumatic stress disorder at the time. Earlier in the trial, Browne testified that she was allegedly raped on four separate occasions beginning in 2006. The prosecution has questioned the validity of those claims.
About 20 minutes after the jury went into deliberations, defense attorney Douglas Rankin notified the court he had received information that one of the prosecution’s witnesses — Marva Braithwaite, the victim’s mother — may have a prior criminal record.
Attorneys must notify the court if they have knowledge about any past convictions that witnesses may have, Rankin said. He had said that if the information is proven to be true, it would be potential grounds for a mistrial.
Judge Tomei instructed the prosecution to investigate the claims overnight. Tomei declared the mistrial at a hearing this morning.
Prosecuting attorneyMark Hale told jurors during his summation that the evidence does not support the defense’s PTSD claim. Browne, he said, had already admitted to police that she had in fact stabbed Braithwaite, and said the sheer number of stab wounds indicated her intent to kill.
“There’s no question at all that the physical actions that resulted in Shannon Braithwaite’s death were committed by Tiana Browne,” he told the jury. “What else could someone have intended by stabbing Shannon Braithwaite the number of times she was stabbed?”
The defense’s case was aided last Friday when Tomei dismissed charges of robbery and felony murder against Browne, leaving just the second-degree murder charge.
Initially, the prosecution had argued that the incident was motivated by Browne’s jealousy. When she was arrested, Browne was found to be wearing the victim’s jeans and shoes and in possession of her MP3 player and camera. But there was not enough evidence to support the robbery claim, nullifying the felony murder charge, as well.
During his summation, Rankin reiterated his stance that Browne was not responsible for the crime because she was suffering from PTSD during the incident.
“There are some actions that are so out of the blue and unconscionable. You know what we call those acts? Crazy,” Rankin said. “It’s crazy to wake up in the morning and stab someone 49 times.”
Hale, during his closing arguments painted Browne as a troubled youth and said her behavior was more like that of a rebellious teenager than someone with a mental illness.
“There are things that happened in Tiana Browne’s life that were out of control,” he said. “But none of them excuse her responsibility for this crime.”
Hale also called into question the testimony of defense witness Dr. Richard G. Dudley Jr., who testified last week that Browne’s symptoms were consistent with PTSD. He claimed Dudley was presumptuous in examining Browne’s medical records.
“He started with the premise that she was damaged goods,” Hale said. “That she had a problem. That she in fact had post-traumatic stress disorder.”
Tags: Brooklyn , Crime , Crown Heights , Tiana Browne , trial
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