Brown gets $2.6 million from state

By Christopher Caskey / The Citizen

Tuesday, December 9, 2008 11:40 PM EST

SYRACUSE - The state of New York will pay Roy Brown $2.6 million for his wrongful murder conviction and imprisonment.
Both sides agreed to a settlement in the case Tuesday before a damages trial took place. New York State Court of Claims Judge Nicholas V. Midey Jr. accepted the settlement on the record, though terms and stipulations will still be worked out over the next few days.

Brown was released from prison almost two years ago after he was exonerated of a second-degree murder conviction. A Cayuga County jury found him guilty in 1992 of killing social worker Sabina Kulakowski, but DNA evidence later pointed to another man, Barry Bench, as the prime suspect.

Brown served 15 years in prison before his release. Bench committed suicide in 2003.

Brown filed a $5 million claim against the state shortly after he was released from prison.

At the Syracuse courtroom Tuesday, Brown said he was hoping for a larger sum than the $2.6 million. But because of health and financial factors, he does not have a lot of time to wait to collect his claim, he said.

Court of Claims decisions can be appealed to the state Appellate Division.

Brown addressed the media very briefly after the announcement.

He said he will likely use much of the money to help the people who have helped him over the last 15 years.

“I've got a list of friends from when I was in prison,” he said to Midey during the hearing. “Those are the friends who stuck by me.”

Midey ruled two months ago that damages were due to Brown for time he spent in prison. If the settlement wasn't reached Tuesday, a trial would have taken place to determine the compensation due to Brown.

The trial date was originally set for Monday, but both parties requested a one-day postponement to iron out an 11th-hour wrinkle that came up during negotiations. Neither party would comment on the nature of the issue.

Both sides indicated that Brown would likely be the only person to testify if a trial did take place. Brown's attorney, Katy Karlovitz, said afterward that she would have preferred to go to trial so that Brown's testimony could go on record.

He would have likely told stories about how his time in prison affected him and his family and about some of the hardships he experienced as an inmate, Karlovitz said.

“I think it would have been an education to a lot of people about what it is like to be incarcerated,” she said.

Because Brown's case was filed in the state court of claims, it is unlikely he will take any action against the Cayuga County law enforcement and judicial officials who prosecuted him, Karlovitz said.

However, she did say that mistakes by investigators, prosecutors and judicial officials caused the system to fail Brown.

“I think it is a shame that the people who are responsible aren't (paying Brown)” she said.

Brown will likely begin receiving payments on the settlement within a few months.

Midey told Brown during the court hearing to be wise with his money from the settlement.

By accepting the sum, Midey said, Brown will not have a right to any further damages from the state in connection with the wrongful conviction.

“There's only one bite of the apple, and this is it,” Midey said.

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