George Wallace Brown

Case identifiers

George Wallace Brown was prosecuted in the Tenth Judicial Circuit, Polk County, under Case #90-3054. The case record referenced Supreme Court of Florida opinion 78007 and SC02-1787 and DC# 300160, with date of birth 09/11/48.

Timeline

• 04/22/90 — Date of offense: George Brown was convicted and sentenced to death for the 04/22/90 murder of Horace Brown.
• 05/01/90 — George Brown was arrested in Englewood, Colorado, on unrelated charges; at the time he was also linked to the murder through his possession of Horace Brown’s wallet.
• 07/12/90 — George Brown was indicted.
• 08/06/90 — George Brown entered a plea of “not guilty.”
• 04/30/91 — George Brown was found guilty on Counts I & II.
• 05/01/91 — Upon advisory sentencing, the jury voted for the death penalty by an 8 to 4 majority.
• 05/03/91 — George Brown was sentenced.
• 05/31/91 — George Brown filed a Direct Appeal in the Florida Supreme Court.
• 05/12/94 — The Florida Supreme Court affirmed Brown’s convictions and sentence of death.
• 05/15/95 — The United States Supreme Court denied Brown’s petition for writ of certiorari.
• 03/26/02 — Brown’s 3.850 Motion was denied by the State Circuit Court.
• 08/12/02 — Brown appealed the denial of the 3.850 Motion in the Florida Supreme Court.
• 12/02/04 — The Florida Supreme Court affirmed the denial of the motion.
• 07/14/03 — Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 12/02/04 — The Florida Supreme Court denied the habeas corpus petition.
• 01/25/06 — Brown filed a Petition for Writ of Habeas Corpus in the U.S. District Court, Middle District, which was pending.

Background

George Brown was arrested on 05/01/90 in Englewood, Colorado, on unrelated charges. The record indicated that he had Horace Brown’s wallet in his possession.

The offence

George Brown was convicted and sentenced to death for the 04/22/90 murder of Horace Brown. The indictment included:

• Count I: First-Degree Murder
• Count II: Armed Robbery

Horace Brown was stabbed three times. Based on the statement Brown gave to Colorado authorities, the Polk County Sheriff’s Office was able to locate the body of Horace D. Brown; the body was found in the exact position described by George Brown.

Investigation and statement to authorities

When questioned further after his arrest in Colorado, George Brown stated: “Horace D. Brown is dead. He was murdered eight days ago.” George Brown denied killing Horace Brown, claiming that he was only a witness to the murder.

George Brown gave Colorado authorities an account of the crime: George and Horace reportedly met in a bar on 04/22/90. After a few drinks together, George asked Horace if he would drive him to his girlfriend’s house in Polk City. En route to Polk City, Horace pulled over onto a dirt road and met up with another friend named Danny. Horace got into Danny’s car and George took Horace’s car, continuing on to his girlfriend’s house. George returned one hour later to the location where Danny’s car had been parked and found Horace’s wallet and watch lying on the ground. George drove further down the dirt road and saw Horace lying feet first, on his stomach in a ditch. George fled the scene when he could not detect a pulse from Horace’s bloodied body.

The record stated that George Brown then drove to Orlando and cashed one of Horace’s checks for $650. He then fled to Nashville and on to Colorado.

George Brown claimed that he did not report the murder to the police because of outstanding warrants against him.

Arrest and related circumstances

Additional information stated that Brown was arrested on a warrant in Colorado for auto theft. Trial summary language identified the arrest as occurring in Englewood, Colorado on unrelated charges.

The record referenced that the trial court allowed State witnesses to testify that George Brown was arrested in Colorado on a warrant for the unrelated crime of auto theft.

Witness statement

George Brown’s girlfriend reported to police that George had left her house on foot on 04/22/90 and return later that night driving a car that she did not recognize. She added that upon returning, George had blood on his clothes and told her that he had been in a fight. She also noted that her pocketknife, which she normally kept in the bedside table, was missing.

Trial

George Brown was indicted on 07/12/90 on Counts I and II as charged in the indictment.

On 08/06/90, George Brown entered a plea of “not guilty.”

On 04/30/91, the defendant was found guilty on Counts I & II, as charged in the indictment (First-Degree Murder and Armed Robbery).

Sentencing

On 05/01/91, upon advisory sentencing, the jury voted for the death penalty by an 8 to 4 majority.

On 05/03/91, the trial judge, The Honorable J. Tim Strickland, sentenced George Brown as follows:

• Count I: First-Degree Murder — Death
• Count II: Armed Robbery — Life

Appeals

Direct appeal

On 05/31/91, Brown filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that:

• the trial court erred in allowing the State witnesses to testify that he was arrested in Colorado on a warrant for the unrelated crime of auto theft;
• the trial court erred in its application of the heinous, atrocious, and cruel (HAC) aggravating factor;
• the trial court failed to consider mitigating evidence.

On 05/12/94, the Florida Supreme Court affirmed Brown’s convictions and sentence of death.

Brown then filed a Petition for Writ of Certiorari in the United States Supreme Court, and on 05/15/95 it was denied.

3.850 motion and appeal

George Brown filed a 3.850 Motion in the State Circuit Court, which was denied on 03/26/02. Brown then filed an appeal of the 3.850 Motion denial in the Florida Supreme Court on 08/12/02. On 12/02/04, the Florida Supreme Court affirmed the denial of the motion.

State habeas corpus

On 07/14/03, Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. On 12/02/04, the Florida Supreme Court denied the petition.

Federal habeas corpus

On 01/25/06, Brown filed a Petition for Writ of Habeas Corpus in the U.S. District Court, Middle District. The record indicated it was pending.

Other details

• Criminal trial attorney: Robert Doyle – Private Attorney.
• Direct appeal attorney: Ronald E. Smith – Private Attorney.
• Collateral appeals: Mary Catherine Bonner – Registry.
• The record referred to “Date of Offense: 04/22/90” and “Date of Sentence: 05/03/91.”
• The record stated: “The defendant was found guilty on Counts I & II, as charged in the indictment.”