Paul Alfred Brown

Case overview

Paul Alfred Brown was convicted and sentenced to death for the murder of Pauline Cowell on 03/19/86. Brown was living with Cowell’s mother at the time of the murder, and Cowell had only recently moved from her mother’s to her sister’s home.

Brown broke into the Barlow residence to confront Cowell about lies she was telling. Brown indicated that he did not plot to kill Cowell, but that he planned on shooting her if she began to scream.

Barry and Gail Barlow awoke to the sound of two gunshots in the early morning hours of 03/19/86. Upon investigating, they found 17-year-old Pauline Cowell, Gail’s sister, dead in the Florida room of their home. Tammy Bird, a friend of Cowell’s, had also been shot, but she survived. The padlock that secured the room from the outside was missing, and the door was discovered open.

Authorities identified Brown as a possible suspect and began searching for him. Sheriff’s deputies found Brown in the trailer park where his brother lived, hiding behind a shed. A handgun found in Brown’s pants matched the gun used in the shootings of Cowell and Bird.

Timeline

• 03/19/86 — Date of offence; Barry and Gail Barlow heard two gunshots; 17-year-old Pauline Cowell was found dead in the Florida room; Tammy Bird was shot but survived; padlock securing the room from the outside was missing and the door was discovered open.
• 03/20/86 — Defendant arrested.
• 04/02/86 — Defendant indicted on: Count I: First-Degree Murder; Count II: Armed Burglary; Count III: Attempted First-Degree Murder.
• 02/19/87 — The jury found the defendant guilty on all counts.
• 02/19/87 — Upon advisory sentencing, the jury voted for the death penalty by a 7 to 5 majority.
• 03/02/87 — The defendant was sentenced: Count I (First-Degree Murder) — Death; Count II (Armed Burglary) — Life; Count III (Attempted First-Degree Murder) — Life.
• 05/04/87 — Brown filed his Direct Appeal in the Florida Supreme Court.
• 03/22/90 — Florida Supreme Court affirmed the convictions and sentence of death.
• 07/16/90 — Mandate was issued.
• 09/10/90 — Brown filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 11/26/90 — The petition for Writ of Certiorari was denied by the United States Supreme Court.
• 05/08/92 — Brown filed a pro se 3.850 Motion in the Circuit Court.
• 04/09/97 — The Circuit Court denied all relief on the 3.850 Motion.
• 05/14/97 — Brown appealed that decision to the Florida Supreme Court.
• 03/09/00 — Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 04/25/01 — Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 11/01/01 — The petition for Writ of Habeas Corpus was denied by the Florida Supreme Court.
• 12/13/01 — Brown filed another Petition for Writ of Habeas Corpus in the United States District Court.
• 07/22/02 — The petition in the United States District Court was administratively closed pending the final decisions in the Bottoson/King cases.
• 12/31/02 — Brown filed a Motion to Re-Open the Petition.
• 07/28/03 — The Motion to Re-Open the Petition was denied; Brown was directed to raise Atkins claims (mental retardation) at the state level.
• 08/15/02 — Brown amended his 3.850 Motion.
• 06/27/03 — An Evidentiary Hearing was held.
• 04/26/05 — The CC denied the 3.850 Motion.
• 06/08/05 — Brown filed a 3.203 Appeal with the Florida Supreme Court that is pending.

People

• Paul Alfred Brown — Defendant; convicted and sentenced to death for the murder of Pauline Cowell.
• Pauline Cowell — Victim; 17-year-old; killed in the Florida room of the Barlow residence.
• Tammy Bird — Shooting victim; friend of Cowell; shot as well but survived.
• Barry Barlow — Woke to the sound of two gunshots; investigated after the shots.
• Gail Barlow — Woke to the sound of two gunshots; Pauline Cowell was Gail’s sister.
• Cowell’s mother — Lived with Brown at the time of the murder; Cowell had only recently moved from her mother’s to her sister’s home.

The offence

Brown was convicted of First-Degree Murder for the murder of Pauline Cowell on 03/19/86. During the early morning hours of 03/19/86, Barry and Gail Barlow heard two gunshots and found Pauline Cowell dead in the Florida room of their home. Tammy Bird had also been shot and survived.

The padlock securing the room from the outside was missing, and the door was discovered open. Brown stated that he broke into the Barlow residence to confront Cowell about lies she was telling, and that he planned on shooting her if she began to scream.

Investigation and discovery of the suspect

Arrest and charges

Brown was arrested on 03/20/86. On 04/02/86, Brown was indicted on:

• Count I: First-Degree Murder
• Count II: Armed Burglary
• Count III: Attempted First-Degree Murder

Trial

On 02/19/87, the jury found the defendant guilty on all counts.

Upon advisory sentencing, the jury voted for the death penalty by a 7 to 5 majority on 02/19/87.

Sentencing

On 03/02/87, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Armed Burglary — Life
• Count III: Attempted First-Degree Murder — Life

The sentencing judge was The Honorable Guy W. Spicola.

Appeals

Direct appeal (Florida Supreme Court)

Brown filed his Direct Appeal in the Florida Supreme Court on 05/04/87.

Brown contended that the arresting detective did not read him his Miranda rights, so his confessions should have been inadmissible in court. Brown also argued that the court erred in refusing to excuse a prospective juror for cause.

In reference to the sentencing phase, Brown raised several points of contention; the Florida Supreme Court found those claims to be without merit and summarily denied them all.

The Florida Supreme Court affirmed the convictions and sentence of death on 03/22/90, and the mandate was issued on 07/16/90.

United States Supreme Court

On 09/10/90, Brown filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 11/26/90.

Collateral proceedings (post-conviction)

3.850 motion in Circuit Court and subsequent appeal

On 05/08/92, Brown filed a pro se 3.850 Motion in the Circuit Court. Over the next four years, three amended motions were filed on his behalf.

On 04/09/97, the Circuit Court denied all relief. Brown appealed that decision to the Florida Supreme Court on 05/14/97. On 03/09/00, that court affirmed the denial of the 3.850 Motion.

Habeas corpus petitions

Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 04/25/01. The petition was denied on 11/01/01.

Brown filed another Petition for Writ of Habeas Corpus in the United States District Court on 12/13/01. The petition was administratively closed on 07/22/02 pending the final decisions in the Bottoson/King cases.

Brown filed a Motion to Re-Open the Petition on 12/31/02, which was denied on 07/28/03. Brown was directed to raise Atkins claims (mental retardation) at the state level.

Second 3.850 motion and evidentiary hearing

On 09/25/01, Brown filed another 3.850 Motion and amended the motion on 08/15/02. On 06/27/03, an Evidentiary Hearing was held. On 04/26/05, the CC denied the 3.850 Motion.

3.203 appeal

On 06/08/05, Brown filed a 3.203 Appeal with the Florida Supreme Court that is pending.

Other details

Brown’s case information included:

• Supreme Court of Florida opinion 70483
• Opinion SC90540
• Opinion SC01-884
• Opinion SC05-1018
• DC# 019672
• Thirteenth Judicial Circuit, Hillsborough County
• Case #86-4084
• Direct appeal: Douglas S. Connor — Assistant Public Defender
• Collateral appeals: Robert Strain & Carol Rodriguez — CCRC-M
• Trial attorneys: Stephen C. Alldredge & Wayne A. Chalu — Assistant Public Defenders
• Date of birth: 02/26/50
• Date of sentence: 03/02/87

Brown had