Titus Brown
Los Angeles
County, California
Date of Crime: August 17, 1984
Titus Lee Brown, Jr. was convicted of the stabbing murder of
Israel Guzman Rangel. The murder occurred in a South-Central Los
Angeles parking lot. The chief prosecution witness was Ricardo
Pimental Baldavinos. Pimental testified that he saw Guzman being
attacked by two men. Pimental drew his unloaded gun and approached the
assailants in an attempt to scare them away. Presented with a series of
photo lineups a few days later, he identified Brown as the killer. However,
Pimental's identification was weak: The incident occurred at night; Pimental
had never seen the assailant before; he only saw the assailant briefly,
though his estimates of time varied from “a couple of seconds” to “five
minutes”; he had been drinking earlier in the evening; he could not recall
whether the assailant had facial hair; when first contacted by the police,
Pimental denied any knowledge of the incident; and Pimental failed to
identify Brown's photo when presented in a photo lineup at trial.
The prosecution argued that robbery was the motive behind the stabbing.
Although there was no eyewitness testimony that Guzman had been robbed, the
prosecution offered the testimony of Detective J. D. Furr, a police officer
who investigated the crime. Furr offered his expert opinion that Guzman had
been killed during a robbery. Furr testified that his opinion was
based on an examination of the scene of the crime, a ring found on the
ground, interviews with the victim's family, and the fact that the victim's
wallet and gold chains, which Furr believed the victim had been wearing on
the night he was killed, were not found.
Some days after the jury returned its verdict, the prosecutor revealed to
the trial court that the victim's allegedly missing wallet and gold chains
had been given to Guzman's next of kin by hospital personnel, who presumably
had discovered them on Guzman's person. The prosecutor had known this fact
before trial, but did not inform defense counsel. Nor did she inform
Detective Furr, whose expert opinion rested on the absence of those items.
Given the lack of robbery as an apparent motive, it seems likely that
Guzman's killer harbored some grievance against him. Without evidence
that Brown even knew Guzman much less had a grievance against him, it seems
doubtful that a jury would have convicted him solely on Pimental's weak
identification of Brown.
The trial court found that the prosecutor's actions constituted
prosecutorial misconduct. It, however, denied defense counsel's motion for a
new trial and instead reduced the conviction from first to second-degree
murder. Even though the court felt sure that the jury had convicted based on
a felony murder theory, it felt there was sufficient evidence to convict
Brown of second-degree murder.
The California Court of Appeals upheld the conviction, though it condemned
the prosecutor's actions; the state supreme court not only refused to take
Brown's side, it ordered the lower court's opinion “depublished,” so as to
spare the prosecutor, Wendy Widlus, any embarrassment. The case had to go to
the U.S. Ninth Circuit Court of Appeals before Brown received a new trial.
The new trial was ordered in Dec. 1991. No information could be found
on whether Brown was retried. However, the Northwestern Law School
website lists Brown as an exonerated person. [5/08]
References:
Brown v.
Borg,
Google
Posted in:
Victims of the State,
Los Angeles Cases