A divided federal appeals court Thursday overturned the conviction of former Florida Congresswoman Corrine Brown on fraud and tax charges, ruling that a juror was improperly removed from her trial because he said the “Holy Spirit” told him Brown was not guilty.
The 11th U.S. Circuit Court of Appeals, in a 7-4 decision, ordered a new trial for Brown, who was convicted in 2017 on 18 felony counts related to an alleged charity scam.
Brown’s appeal focused on whether U.S. District Judge Timothy Corrigan was justified in replacing the juror — known as Juror 13 — with an alternate because of the statement about the Holy Spirit.
In Thursday’s majority opinion, appeals-court Chief Judge William Pryor wrote that the record of the case “establishes more than a substantial possibility that Juror No. 13 did not forsake his oath and instead was fulfilling his duty. Corrine Brown was entitled to the unanimous verdict of a jury of ordinary citizens. The removal of Juror No. 13 — a juror who listened for God’s guidance as he sat in judgment of Brown and deliberated over the evidence against her — deprived her of one.”
Pryor wrote that the juror repeatedly assured Corrigan that he was following jury instructions and basing his decision on evidence presented during the trial.
“Jurors may pray for and believe they have received divine guidance as they determine another person’s innocence or guilt, a profound civic duty but a daunting task to say the least,” Pryor wrote in a 48-page opinion joined by Judges Kevin Newsom, Elizabeth Branch, Britt Grant, Robert Luck, Barbara Lagoa and Andrew Brasher. “The district judge was wrong to conclude that Juror No. 13’s statements that he received guidance in response to prayers were categorically ‘a bridge too far.’”
But Judge Charles Wilson, in a dissenting opinion, wrote that district judges are “best positioned to assess a juror’s capability and willingness to properly deliberate.” Juror 13 was disqualified during deliberations after another juror alerted Corrigan to the Holy Spirit comment.
“The majority casts the district court’s decision as misconstruing religious expression while failing to safeguard the right to a unanimous jury verdict,” Wilson wrote in the dissent joined by Judges Beverly Martin, Adalberto Jordan and Robin Rosenbaum. “On this record, I cannot agree. The decision to remove Juror No. 13 was a tough call, and one the district court did not take lightly. But from the district court’s superior vantage point, it was necessary to ensure that a verdict was rendered based on the law and evidence — a principle that is foundational to our system of justice.”
Brown, 74, was a member of the U.S. House from 1993 to 2017, representing parts of Flagler County for some of those years, after serving in the state Legislature. The Jacksonville Democrat was convicted on fraud and tax charges related to her role in using contributions to the One Door for Education charity for personal expenses and events.
Prosecutors wrote in a brief at the appeals court that Brown and her former chief of staff, Ronnie Simmons, solicited and obtained more than $833,000 in donations for One Door for Education. Brown was sentenced to five years in prison but was released last year amid the COVID-19 pandemic.
Brown’s conviction was upheld in January 2020 by a three-judge panel of the appeals court, but that ruling was vacated in September as the full court decided to hear the case in what is known as an “en banc” hearing. The Atlanta-based court heard arguments in January.
The religious issues in the case drew attention and support for the former congresswoman, including in a friend-of-the-court brief filed by attorneys general from Nebraska, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, South Dakota and Texas.
–Jim Saunders, News Service of Florida
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Jimbo99 says
Nope, let her serve her time. That’s what she got. The whole bunch of them are in prison over this scam of essentially reinventing Kraft’s BBQ sauce recipe. Fraud & abuse isn’t pretty & when she, family & associates were caught they were tried and sentenced.
Deborah Coffey says
But, no one will indict and convict Donald J. Trump for doing 1,000 more grievous felonies than the Black woman. Sick of the entire racist justice system.
GR says
If they indict Donald Trump they would have to indict a lot of politicians from both parties. Most of them lie and are corrupt.
Land of no turn signals says says
Good job Debbie for turning this into a Trump bashing article.
Mark Harmon says
What Brown did was inherently stupid and she got way over confident in her power and the hopefulness of protection from then president Obama. Many also fell prey to the same stupidity and arrogance with their leader Trump, and they too are dropping like flies. There is corruption at all levels and on both sides of the aisle. It is up to We The People to maintain vigilence and not tolerate the behavior from any of them. White, black, democrat, republican.
She’s older than dirt. Broke. Spent years in prison. Legacy destroyed. The message has been delivered.
For DJT and the booger eating MAGAnites, plenty of indictments forthcoming.
ASF says
So, “God told me to act this way” is defensible when your political party of choice gives it a free pass it but not if the opposing party tries to get way with doing the same? America has reached a new level of “hypocritical crazy” and the blame for that is on ALL of us. I long for sanity to prevail once more.
Jerry Mander says
Brown was proof that anyone in America could be elected to the House of Representatives……. what a sad day for a America.
Fredrick says
Can you please point out those “1,000 more grievous felonies” that the mean old orange man did?
Outsider says
Well that’s because you need actual evidence to convict in a real court of law. A bunch of fabricated news stories by CNN and the DNC don’t cut it. And please explain what could be more egregious than an elected official using her office to raise money for needy people and then spending that money on herself. Black white or purple, that is a crime.
Steve says
Raising money in order to “Stop the Steal” rigged Election and then use as your Personal piggy Bank for Personal Legal Fees just sayin… and while doing that not having it be a one time contribution reoccuring donations unbeknownst to the Donees just sayin.. I could go on but you all know the rest. Certainly get what you paid for. As for Brown Shes getting what She deserves IMO.
Steve says
OR We could revisit Trump University lmao 45s are such hypocrites
Take Off Your Blinders says
This is not an R or D issue. A thief is a thief.
Years in prision? She abused her power and betrayed the public’s trust on multiple occassions.
She was finally convicted on 18 felony charges. Her total sentence? 5 years in a minimum security prision.
She then served less than 50% of her sentence, being released to home confinement in April 2020.
Give me a break about her legacy being destroyed.