Roy Brown files $5 million wrongful incarceration claim

By The Associated Press

Thursday, May 10, 2007 12:38 PM EDT

A man who spent 15 years in prison for a murder he didn't commit has filed a $5 million claim against the state.
Roy Brown, 46, was freed from jail in January after proving his own innocence.

In a claim filed Wednesday, lawyers said "Mr. Brown's wrongful arrest, conviction and incarceration were not caused by Mr. Brown, but rather were an outrageous and tragic consequence of ineptitude and misconduct by those sworn to uphold the law."

Brown's attorney, Katy Karlovitz, said Brown's claim was filed with the state attorney general's office. The state has 40 days to respond.

The complaint will be heard in the state Court of Claims, which handles civil litigation seeking damages from the state or state-related agencies.

Karlovitz said Brown could have filed a federal civil rights complaint that might yield more compensation than the state claim, but that is a longer process and Brown's ill health -- he is waiting for a liver transplant -- was a consideration.

Brown was convicted in Cayuga County court in 1992 of stabbing and strangling Sabina Kulakowski, a county social worker. He was found guilty mostly on the strength of bite marks on her nude body that a prosecution witness linked to Brown, even though they showed indentations from six upper teeth while Brown had only four.

In prison, Brown uncovered statements sheriff's deputies obtained during their original investigation of the 1991 murder. Those statements, which defense lawyers said were never turned over by the prosecution, raised suspicions about Barry Bench, the brother of Kulakowski's former boyfriend.

Brown sent a letter from prison to Bench in 2003, accusing him of the murder. Several days later, Bench committed suicide by stepping in front of a train.

Authorities exhumed Bench's remains in December, and tests showed that his DNA was on the T-shirt Kulakowski was wearing when she was killed.

The Citizens' Say

Post your comment - click here

There are 19 comment(s)

Go get em Roy wrote on May 11, 2007 12:16 PM:

" To Jim Moore--you nailed it. Couldn't have said it better myself. I do not know Roy Brown but do hope he gets all he can. It shouldn't be up to the taxpayers though. It should come out of the pockets of the ones who convicted him. They probably can afford it, after all they probably make a heck of a lot more than they are worth!! It would stink if they had to live paycheck to paycheck like most hard working people have to do!!! "

worried wrote on May 11, 2007 9:36 AM:

" wow its about time ,roy brown is sueing i hope he gets every penny,we knew back then he was not guity,poor man suffer for years for nothing. "

Jim Moore wrote on May 11, 2007 5:56 AM:

" Police and prosecutors acrew up, and taxpayers pay for their mistakes. Great message to bad officials: do whatever you wanrt to make yourself look good. If you're caught doing evil, we'll bail you out. Brilliant! If we make other criminals pay for their crimes, why do rogue officials get a free ride? "

Kevin wrote on May 10, 2007 9:57 PM:

" It is funny how many of you are willing to accept the Court's findings in releasing Mr. BRown, which I agree with, HOWEVER, in the next breath, you are just as willing to ASSUME what might have happened in Mr. Brown's Family Court Proceeding. The fact is that Brown went to jail, after he pled to threatening a social worker. He brought this on himself. "

Karen B wrote on May 10, 2007 8:51 PM:

" Roy Brown was NOT fairly convicted way back when. The evidence was all circumstantial -- yes, he had threatened a social worker after his daughter was taken away from him -- but the problem with the social work system is that parents have little or no recourse until some hearing set months away (meanwhile their child is languishing in foster care), and even then, their case is heard only by a judge, who might be prejudiced in some way. There ARE cases of children being removed from the homes of innocent parents (and whether or not Roy Brown was innocent, I don't know). But anyone can behave irrationally when their child is taken. The only "physical" evidence presented at the trial were the bite marks -- and those bite marks should have exconerated Mr. Brown rather than convicting him. His mouth was missing 2 teeth, and therefore could not have made the bite marks found on the victims body (which showed all teeth). He should have never been convicted in the first place, and he is certainly entitled to compensation for all the years spent behind bars. "

The Queen wrote on May 10, 2007 8:31 PM:

" If Roy Brown wins this case, he is going to be rewarded for being a criminal. He threatened the social worker, and has spent time in prison. Should the tax payers be liable for him being a criminal? He and his family are looking to freeload off the taxpayers, and I say it is his own fault he was sent to prison. "

aubnative wrote on May 10, 2007 7:30 PM:

" Not all social workers are narrow minded, idiots, lack common sense or assume parents are bad, wrong or abusive. Many times they are thrust into volatile situations where no one wins - especially the children. They act on referrals so the person who wrote earlier must have done something for them to get involved. Many of them are compassionate, dedicated people who see abuse or neglect that they never forget. Many of them burn out. The person with the axe to gring ought to have a little introspection and work on whatever it is they need to work on to not have social services knocking at their door. "

hmmm.... wrote on May 10, 2007 6:33 PM:

" $5 Million seems kind of low. The lottery collects way more. "

Frank wrote on May 10, 2007 6:00 PM:

" To all those of you who believed that Brown was wronged and that Mr. Carbonaro did a lousy job prosecuting this case--you are judging the case in hindsight. Where were all you do-gooders in 1992 when Brown was fairly convicted by 12 members of the community. "

Don wrote on May 10, 2007 5:16 PM:

" Mr. Brown is not the "victim" in this case--the victim is dead. If anything, Mr. Brown complicated a very difficult murder case by his own words and actions. THose who do not not go around making nasty threats do not end up in prison. "

A little justics wrote on May 10, 2007 4:53 PM:

" What carbonaro and his staff did to Roy Brown was totaly wrong, but on the other hand Roy Brown had a checkered past and had a criminal record. My question is how many crimes did Brown commit and didn't get caught? Maybe somtimes what goes around comes around. "

yapoi wrote on May 10, 2007 4:33 PM:

" I hope he gets every penny ....... and that would not be enough. You can not repay someone for 15 years of their life. I agree with RK that the DA and his office should cough up the payment "

Guess what, Dave wrote on May 10, 2007 3:13 PM:

" You want to know something Dave? I wish I could have smacked a social worker or two myself in my earlier days, and I am sure that I even went off verbally on them in the heat of them performing their jobs with their narrow mindedness assuming that every parent was bad, wrong or abusive. I know I went off on them over the phone - they think they hold the key to the powers that be and act like gods. In the end, they represent, and are, "the system" and yes they are floating on their little power trips. I dealt with social workers for 10 years from every agency. Their idiots, lack common sense, think they're all psychologists and stir up all kinds of problems for people with just enough knowledge about people psychology to get themselves into trouble. Sabina did not die in the course of doing her job - she was killed because of an ex-lover she once had. My point is - any parent who has dealt with a social worker, especially from child protective services, preventive services, or foster care services, would know exactly what I am talking about. "

David wrote on May 10, 2007 2:20 PM:

" It should be remembered that this murder occurred a few weeks AFTER Mr. Brown was released from the local jail for threatening a Cayuga County Social Worker. That's an act that most of us would NOT do. The technology that finally gained Mr. Brown his freedom WAS NOT in existence in 1992. THe request by Mr. Brown and his representatives to test the shirt did not occur until 2006. It's time to stop the constant game of blaming people and move on. "

You can do better than that wrote on May 10, 2007 2:05 PM:

" Roy Brown and his attorney should sue every person, office, place or prosecutor they can serve notice to. That includes Cayuga County, not just the state - and they should file all these actions now, in spite of his deteriorating health. Roy must have some family who can benefit from his civil court winnings. We (NYS)or even higher - should pay whatever it takes to expedite Roy Brown's name through the liver recipient list. "

He deserves much more than that... wrote on May 10, 2007 1:12 PM:

" I could not imagine spending one day in prison, yet alone years like he did! Roy Brown deserves all of the money that he is asking for and then some. And yes we are responsible to "foot this award" RK. We the taxpayers elected these goons who send innocent people to prison. Maybe someday we will have a real DA who actually finds the person who committed a crime, not just someone who will do anything he can to get convictions. "

GoGirl wrote on May 10, 2007 1:03 PM:

" How sad that an innocent man sat in prison for 15 years for a murder he didn't commit. I hope he wins. "

gramof3 wrote on May 10, 2007 12:43 PM:

" I`ve heard this for many years- if you want to get away with murder do it in auburn- thanks to roy browns determination he was able to do what should have been done by his lawyers. But lesson to be learned- DON`T threaten someone who might end up dead!!or youmight be a pawn in someone elses deadly game. "

Rk wrote on May 10, 2007 11:06 AM:

" Roy Brown is entitled to any money he can get. But remember a couple of things, his past and his big mouth helped to contribute to his problems. Also the tax payers of ny state shouldn't foot this award, the former DA Carbonaro and his staff that worked on the Brown case should be sued and held liable. This is the second major murder case that the former DA and his staff has had questionable tainting of eviedence. Maybe Bianco should have sued, or Carbonaro should have been disbarred. "

REGISTRATION IS FREE.
Registered users sign in here:
*Member ID:
*Password:
Remember login?
(requires cookies)
 
Unregistered users can register here:

Do not use usernames or passwords from your financial accounts!

Note: Fields marked with an asterisk (*) are required!

*Create a Member ID:
*Choose a password:
*Re-enter password:
*E-mail Address:
*Year of Birth:
 

(children under 13 cannot register)

First Name:
Last Name:
Company:
Home Phone:
Business Phone:
Address:
City:
State:
Zip Code:
 
E-Citizen
E-Edition
Wheels Etc.
Find a vehicle
Hot Jobs
Find a Job
Homes Etc.
Find a Home
TV Week
Find a program
Search Classifieds
Find, Buy
Place a Classified Ad
Sell
Skaneateles Journal
The Journal
New! Best Bridal
Here comes the bride. . .
Liven Up the Holidays
Fa-la-la-la-la-la-la-laaaaaa
Logo HereNew! Off the Menu
Good Eatin'!
Newspaper Ads
See it again
CNY Boats Etc.
Achors aweigh!
New! School Project
A breakdown of the new school project.
Sections
Special Sections

Top Jobs

The Citizen Copyright ©2009
A division of Lee Publications, Inc.
25 Dill Street
Auburn, NY 13021

Contact Us

Add to My Yahoo!