Does Brown deserve payback?

By Carole Estabrook

Sunday, May 27, 2007 6:57 PM EDT

Roy Arthur Brown spent 15 years in state prison for a murder he didn't commit.
He is now seeking $5 million compensation for his time. Some feel very strongly that the taxpayers shouldn't be held accountable for the conviction.

Others feel that Brown deserves every penny, if not more. It has even been suggested that the lawyers on both sides should be disbarred.

Having recently established his innocence, the question is what, if anything, is Brown owed?

After all, Brown was convicted by members of the community who unanimously agreed that Brown was indeed responsible for the crime. And DNA evidence, although popular today, was not commonly used in courtrooms in the early 90s. It used to be that people were convicted solely on matching blood type. Improvements in science have brought into question the reliability of many forms of forensics.

But I don't see how the state can be held accountable for the unreliable and limited science available in 1991.

And it's almost too easy to blame the lawyers and judges, but people fall short of blaming the community. A jury is a microcosm, intended to decide as the community would and I believe that it typically functions accordingly. Remember that O.J. Simpson was acquitted under the same due process that found Emit Till's murderers innocent. I wonder if the Brown case had been brought to public vote in 1991, if he would have been found innocent?

It doesn't matter who's responsible. History can't be changed. If given the power I would undo slavery, the holocaust, 9/11 and every other painful and embarrassing mark on human history. I would love to give Roy Brown $5 million. I would love to give $5 million to a coworker, desperately battling cancer. I would love to give $5 million to every U.S. veteran. But there is no way to qualify human suffering. And if the state wants to start paying out to everyone who feels that life owes them, there is going to be quite a line.

What happened to Roy Brown is a tragedy. If any good can come from this, the public attention brought to this case will hopefully have an impact on what should be allowed as admissible evidence in court.

Although it has received little media attention, Brown essentially investigated and solved the murder himself. If everything happens for a reason, Brown should take tremendous pride in the peace he has provided for the victim.

Carole Estabrook's column appears Mondays in The Citizen and she can be reached at estabrookcarole@yahoo.com

The Citizens' Say

There are 1 comment(s)

Jackie wrote on May 30, 2007 11:32 AM:

" REALITY, REALITY!!!! YES, what happened to Mr. Brown is a tragedy. #1 Compensation for this kind of "mistake" is not a bad practice. It facilitates keeping the lawyers, DA's, Judges, on thier mental toes.... etc. #2 Keep it real. 5m is more, much more money than Mr. Brown would have ever earned. More than his family would have earned had he been available to them. Compensation to him, in the manner of his earning capacity, with an equal amount added for pain and suffering, seems to me an honest effort at acknowledging that he is deserving and indeed did suffer. #3 The fact that he solved his own case can be discussed, admired by some, argued by others. He had "time" on his hands, and jail house lawyers are valuable to inmates. Nufsaid..... "

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