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    Second Motion To Sever The Trial of Reginald Brown From The Trial of Katrina Brown and Memorandum of Law

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    Anne Schindler
    This document is a motion filed by Reginald Brown to sever his trial from co-defendant Katrina Brown. It argues that Katrina Brown being permitted to represent herself pro se two weeks before trial creates an unfair prejudice, as her self-representation could confuse the jury and prevent them from making an individualized judgment in Reginald Brown's case. It contends this change in circumstances warrants reconsidering the previous denial of severance.

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    Second Motion To Sever The Trial of Reginald Brown From The Trial of Katrina Brown and Memorandum of Law

    Uploaded by

    Anne Schindler
    288 views4 pages
    This document is a motion filed by Reginald Brown to sever his trial from co-defendant Katrina Brown. It argues that Katrina Brown being permitted to represent herself pro se two weeks before trial creates an unfair prejudice, as her self-representation could confuse the jury and prevent them from making an individualized judgment in Reginald Brown's case. It contends this change in circumstances warrants reconsidering the previous denial of severance.

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    Reggie Brown's second motion to sever

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    047120456737

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    This document is a motion filed by Reginald Brown to sever his trial from co-defendant Katrina Brown. It argues that Katrina Brown being permitted to represent herself pro se two weeks before trial creates an unfair prejudice, as her self-representation could confuse the jury and prevent them from making an individualized judgment in Reginald Brown's case. It contends this change in circumstances warrants reconsidering the previous denial of severance.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    288 views4 pages

    Second Motion To Sever The Trial of Reginald Brown From The Trial of Katrina Brown and Memorandum of Law

    Uploaded by

    Anne Schindler
    This document is a motion filed by Reginald Brown to sever his trial from co-defendant Katrina Brown. It argues that Katrina Brown being permitted to represent herself pro se two weeks before trial creates an unfair prejudice, as her self-representation could confuse the jury and prevent them from making an individualized judgment in Reginald Brown's case. It contends this change in circumstances warrants reconsidering the previous denial of severance.

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    of 4

    Case 3:18-cr-00089-MMH-JRK Document 173 Filed 08/05/19 Page 1 of 4 PageID 670

    UNITED STATES DISTRICT COURT


    MIDDLE DISTRICT OF FLORIDA
    JACKSONVILLE DIVISION

    UNITED STATES OF AMERICA

    vs. CASE NO.: 3:18-cr-89-J-34JRK

    REGINALD BROWN
    ________________________________/

    SECOND MOTION TO SEVER THE TRIAL OF REGINALD BROWN


    FROM THE TRIAL OF KATRINA BROWN AND MEMORANDUM OF LAW

    The Defendant, Reginald Brown, by and through the undersigned attorney, pursuant

    to Rules 12(b) and 14 of the Federal Rules of Criminal Procedure and the Fifth Amendment

    of the U.S. Constitution respectfully moves this Honorable Court to sever his trial from that

    of Katrina Brown’s. As grounds for this motion, Defendant states as follows:

    1. Reginald Brown and Katrina Brown are charged in a multi-count Indictment

    returned May 23, 2018. Count One charges each with conspiracy to commit mail and wire

    fraud in violation of 18 U.S.C.§1349. Counts 2 through 14 charge each with substantive

    counts of mail fraud in violation of U.S.C. §1341 and §2. Counts 15 through 27 charge each

    with substantive counts of wire fraud in violation of 18 U.S.C. §1343 and §2. Counts 28

    through 33 charge each with substantive counts of money laundering in violation of 18

    U.S.C. §1957 and §2. Mr. Brown alone is charged with a failure to file a 1040 tax form in

    Count 38.

    2. Mr. Brown initially moved to sever the trials of the two defendants in October,

    2018. (Doc. 59). The United States opposed the motion. (Doc. 72). This Court denied the
    Case 3:18-cr-00089-MMH-JRK Document 173 Filed 08/05/19 Page 2 of 4 PageID 671

    motion to sever by order entered on April 3, 2019 (Doc. 114).

    3. Mr. Brown adopts and incorporates by reference the arguments raised in the

    initial motion. He contends a change in circumstances warrants re-consideration of the

    severance issue. Specifically, the change in circumstances is that of co-defendant Katrina

    Brown’s decision to represent herself. On August 2, 2019, two weeks before the beginning

    of trial, the Court having little to no discretion in the matter, ordered that Ms. Brown be

    permitted to represent herself at trial. (Doc. 166). Ms. Brown promptly filed a motion to

    continue arguing she needs more time to prepare. (Doc. 170). The United States opposes

    that motion. (Doc 171). Mr. Brown is prepared for trial.

    4. Mr. Brown initially contended the spillover effect of the evidence as to Katrina

    Brown unfairly prejudices him. There is no direct evidence Reginald Brown had any

    knowledge of any misrepresentations Katrina Brown may or may not have made to lenders.

    He never willfully agreed to commit a crime. He never knowingly aided and abetted any

    criminal conduct that may or may not have been committed by Katrina Brown. Accordingly,

    the trials of these two presumptively innocent individuals should be severed. Now he faces

    the prospect of sitting helplessly by while Ms. Brown flails about trying to be both lawyer

    and client. This spectacle can only prejudice his case in the eyes of the jury and make it all

    but impossible for the jury to reach an individualized verdict as to him.

    MEMORANDUM OF LAW

    Rule 8 of the Federal Rules of Criminal Procedure generally provides an “Indictment

    or Information may charge two or more Defendants if they are alleged to have participated
    Case 3:18-cr-00089-MMH-JRK Document 173 Filed 08/05/19 Page 3 of 4 PageID 672

    in the same acts or transactions, constituting an offense or offenses.” Rule 14, on the other

    hand, provides in part, “if the joinder of offenses or Defendants in an indictment, and

    information or a consolidation for trial appears to prejudice a Defendant… the Court may

    order separate trials of counts, sever the Defendants’ trials, or provide any other relief that

    justice requires.” The due process clause of the Fifth Amendment to the United States

    Constitution is implicated where a joint trial compromises a specific trial right of one of the

    Defendants or prevents the jury from making a reliable judgment of guilt. See Zafiro v

    United States, 506 U.S. 534, 539, 113 S. Ct. 933, 122 L. Ed. 2nd 317 (1993).

    The 11th Circuit has construed Zafiro to mean “there are only two circumstances in

    which severance is the only permissible remedy.” US v. Blankenship, 382 F.3d 1110 (11th

    Cir. 2004). As the court interpreted Zafiro’s Rule 14 test, those circumstances are “where a

    joint trial leads to the denial of a constitutional right” and where “serious risk that the jury

    would be prevented from making a reliable judgment of guilt or innocence.” Id at 1123. An

    example of a District Court finding that the spillover effect of evidence of a series of counts

    unfairly prejudiced the Defendant’s right to a fair trial on a separate set of counts is found at

    US v. Hassoun, 477 F. Supp. 2d 1210 (S.D. Fla. 2007).

    The District Court severs a series of counts charging Mr. Hassoun with perjury and

    false statements from a series of charges related to the material support for terrorism. Id at

    1212. After an extended discussion of the relationship between the false statement counts

    and the substantive counts, the Court finds “severing falsity counts negates the problem

    and ensures a fair trial free from spillover.” Id at 1230. Ultimately, the Court concludes

    “Hassoun presents a compelling argument for why Rule 14 severance is appropriate in this
    Case 3:18-cr-00089-MMH-JRK Document 173 Filed 08/05/19 Page 4 of 4 PageID 673

    case” and severs six counts from the others. Id at 1232.

    The defense in this case is that if Katrina Brown committed any crimes as charged in

    the Indictment, Reginald Brown did not know it and did not knowingly participate in those

    crimes. This defense is completely antagonistic to her position. The joint trial will both

    prevent Mr. Brown from presenting an individual defense and could likely result in an

    inability to properly instruct the jury. Even if severance is not mandated, the Court should

    exercise its discretionary authority to sever the trials to assure him a fair trial.

    WHEREFORE, the Defendant, Reginald Brown, for the above-mentioned reasons

    respectfully moves this Honorable Court to sever his trial from Katrina Brown’s trial.

    Respectfully submitted,

    S:// Thomas M. Bell


    THOMAS M. BELL, #0615692
    301 West Bay Street, Suite 1460
    Jacksonville, Florida 32202
    Telephone (904) 354-0062
    Telecopier (904) 353-1315
    [email protected]
    Attorney for Reginald Brown

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that on August 5, 2019, I electronically filed the foregoing with
    the clerk of the Court by using CM/ECF system which will send a notice of electronic filing
    to A. Tysen Duva, AUSA, Michael Coolican, AUSA, John P. Leombruno, Esq., and Richard
    Landes, Esq and by email to Katrina Brown at [email protected].

    S:// Thomas M. Bell


    THOMAS M. BELL

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