Brown Trial July 9, 2009: The Verdict | Bombs, Taxes, and Red Crayons.
Ed and Elaine Brown, who engaged in a nine-month heavily armed standoff against federal Marshals, were found guilty on all counts. They are now facing a minimum of 30 years in prison before they are even eligible for parole, because one of those counts (charged against each) comes with a term of life. The other guilty counts will likely be ordered to be served concurrently, given that at their ages, they are very unlikely to live long enough to serve even the mandatory minimum.
Click the above link to read details, including Ed’s parting words to the reporters and jury.
I am not surprised by the verdict, nor am I happy that two elderly people will probably never again see the light of day. I actually find it very sad, because this did not have to happen at all.
At the same time, I honestly believe Ed Brown is crazy, and I think he is extremely dangerous, so prison (or a mental institution) is the best place for him. We do have to consider the safety of others, after all. Maybe the judge should order Ed’s sentence to be served consecutively, just to make sure he never gets out.
I just wish Elaine’s attorney had put on a viable defense. It was silly to believe the jurors wouldn’t see right through the “she knew the bombs were there, but she didn’t make them” argument. Her best bet was and always has been a battered spouse syndrome defense.
Oh, well. Maybe on appeal she can claim ineffective assistance of counsel, though it’s unlikely to be successful since trial strategy alone, even if it fails miserably, does not a successful ineffective assistance claim make.
I just wonder if one day Elaine will wake up in her prison cell and realize that, by being a “loyal wife” and standing by her crazy-ass husband no matter what he did, she threw her own life away forever.
Then again, perhaps it is better for Elaine if she never comes to that realization, since the consequences of her decision can never be changed.
Hi, ENM.
It’s often unfair to try to armchair-quarterback a defense in a difficult, high-profile case. The choice frequently comes down to not which defense is best, but whether any defense passes the smell test. Neither you nor I was in Concord for this one, but from news accounts that’s how I see Elaine’s situation.
Why? Well, answer these questions: (1) was there any physical evidence that she was battered? Yes, I know that technically psychological battering satisfies legal requirements, but it is much harder to prove. For that matter, was there any evidence (counseling records would be good) of psychological battering? (2) What do you do with the fact that Elaine arrived in the room where Ed was waiting with the U/C marshalls pointing a gun at them? If that was not volitional, then we’re not talking battered spouse, we’re talking Manchurian Candidate. (3) What do you do with Elaine’s gentle missives from jail, long after she and Ed were separated?
I’m not saying that I wouldn’t have tried to go battered spouse. I’m saying that there were no good choices. Ineffective assistance? No way.
Hiya, wserra – how are you doing, my old friend?
I believe that a battered spouse defense would pass muster with a jury, simply because Ed is obviously crazy and abusive (and was crazy and abusive toward those in the courtroom, including the judge, according to JJ’s account), and Elaine showed no evidence of having any of those crazy beliefs prior to the time she met Ed late in life (or at least, not to my knowledge).
There may not have been any psychological records of abuse prior to the standoff, but I don’t think it would be at all hard for a psychologist to come to that conclusion after the fact, and to point out that those with battered spouse syndrome accept their circumstances as “normal” and thus many times don’t seek help until after the situation has become catastrophic.
I agree with you that there were no good choices, though, and that an ineffective assistance claim would never work. She was screwed no matter what she did, because the fact remains that she could have left, but she didn’t.
I guess my gut is still telling me that Elaine has been brainwashed by Ed, since I have felt that way since the situation first arose for discussion on the Q forums, even before the tax trial. I haven’t mentioned this before that I recall, but my mother was the same way, and she was beaten to death by her POS husband, who she steadfastly refused to leave no matter what he did (and he was a violent criminal as well, but like Elaine, she stood by him even to her own legal and personal peril).
Gut reaction or not, maybe I need to recognize that I am perhaps too close emotionally to the Elaine situation, and step back and try to view it from a more neutral standpoint. Thanks for helping me realize that.
I’m fine, thanks. You? I hesitate to ask, but how’s your back? We haven’t seen you at Quatloos recently as much as we would like to.
Please don’t mistake what I wrote – I have no doubt that battered women’s syndrome is a highly unfortunate reality, something that is not only a potential legal defense but on a larger scale perpetuates the cycle of abuse. I’ve known Mike Dowd (the founder of the battered women’s center – I don’t remember the formal name – at Pace Law School) for years. I just don’t think the defense would fly in Elaine’s case, and I question whether she really suffered from the syndrome, for the reasons I posted above. Not that Ed isn’t an abusive asshole who seems fully capable of battering, emotionally and/or physically.
I agree with you that the battered woman defense at a distance seems more promising than “she didn’t build bombs”. But a defense like that requires the active cooperation of the client. For all we know, Elaine said, “Hell, no!” Right?
Hi again, Wes! I’m doing okay, my back is at least still attached, LOL. I’ve tried everything, but nothing has worked. The doctor finally gave up, and placed me at 75% disability. It kinda sucks.
You’re right, Elaine more likely than not did say “Hell, no!” Then again, I would expect nothing less, because my mother would have done the same exact thing. I just get a similar vibe from Elaine, and of course I’m sensitive to the signs of the syndrome since I lived it through my mother.
Is that vibe quantifiable? Not without her cooperation, so you’re probably right.