Pot User May Be Freed After Serving 16 Years

By Jeralyn, Section Inmates and Prisons
Posted on Fri Dec 22, 2006 at 10:37:08 AM EST
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Tyrone Brown violated his Texas probation by testing postive for marijuana use. He was 17. The judge sentenced him to life in prison. He has served 16 years.

20/20 ran a story on Brown in November and viewers were outraged. The Judge was voted out of office.

Now, it appears, Brown may be freed.

Brown, who pleaded guilty to his first and only offense at age 17, was given probation after a $2 armed robbery in which the victim wasn't harmed and had his wallet returned. But months later, Brown violated his probation by testing positive for marijuana. In most cases of marijuana violations, Texas judges — and Dean — often recommend counseling and allow the defendant to remain on probation with a stiff warning.

In this case, however, without explanation, Brown was sentenced to life in prison without parole.

The response from the story led to a Web site and protests — pressure that seems to have worked. Brown may soon be on the road to freedom, 16 years after his probation violation.

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Pot User May Be Freed After Serving 16 Years | 43 comments (43 topical)

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Better late than never... (5.00 / 1) (#2)
by Edger on Fri Dec 22, 2006 at 11:16:14 AM EST

...somehow rings hollow and sounds like the lamest of excuses.

The parole board is expected to determine Brown's eligibility for release this week and pass its recommendation on to Texas Gov. Rick Perry. Perry is the only one who can order Brown's freedom.

Who can give him back 16 years? He's what, 33 years old now? He'd be well advanced by now in any career he'd chosen. How can he be compensated for this? With what? Money? Even though he deserves it and should have it, what would a boatload of money do to someone who has spent his entire adult life in prison?

How is it possible to make up for what has been done to him?

The outrage is usually misdirected (5.00 / 1) (#3)
by SeeEmDee on Fri Dec 22, 2006 at 11:25:17 AM EST

What 'rehabilitation' did Mr. Brown receive? Especially by being placed in close proximity with murderers, rapists, career thieves, etc.?

With every early release of a drug offense prisoner of Mr. Brown's sort, the question is never asked: If they were such small risk to be allowed back into society, then what was the point of their incarceration at the public's expense to begin with? Especially for cannabis?

Shouldn't our taxpayer dollars be spent more wisely than that? Life imprisonment for murderers I can see; on the other hand, the taxpayer being forced into paying for life imprisonment for cannabis users is an obscenity.

I wonder why he got probation... (5.00 / 1) (#11)
by Patrick on Fri Dec 22, 2006 at 12:15:25 PM EST

...in the first place. Armed robbery is not a petty ante crime.

However, since he received probation, someone must have thought it was justified, and revoking it for simply testing positive for MJ seems unconstitutionally harsh, IMO.

Good question (none / 0) (#12)
by Edger on Fri Dec 22, 2006 at 12:21:00 PM EST

What was he armed with? A pen knife maybe? Or what? Was it gunpoint? If so I doubt he would have received probation.

I don't have time to look for it now - I'm at work - but I will later.


From what I've seen (none / 0) (#13)
by Patrick on Fri Dec 22, 2006 at 12:34:15 PM EST

the description of charges ranges from amred robbery to aggravated robbery to co-conspirator in one or the other. I've yet to find mention of what the weapon was.

Of interest is the case they contrast it with. The well-connected guy who shot and killed a prostitute and was also sentenced to an identical 10-year probation.

Both had no noteworthy criminal history and the other guy had more serious violations and never got sent to the big house. Seems his politcal connections might have helped. Seems like a good argument for restricting judical sentencing discretion to me.


Yes (none / 0) (#14)
by Edger on Fri Dec 22, 2006 at 12:39:15 PM EST

Seems like a good argument for restricting judical sentencing discretion to me.

And a better one for the harder job of figuring out how to help the guy now...


: That's twice (5.00 / 1) (#16)
by Patrick on Fri Dec 22, 2006 at 12:43:09 PM EST

you've almost agreed with me...Does anyone have a link for liberal rehab centers....

: Manditory Sentencing? (5.00 / 1) (#46)
by peacrevol on Tue Dec 26, 2006 at 10:26:24 AM EST

Seems like a good argument for restricting judical sentencing discretion to me.
mandatory maximum sentencing maybe. mandatory minimums are fer tha burds as we say in the south.

Good idea! (none / 0) (#28)
by 1980Ford on Fri Dec 22, 2006 at 01:15:48 PM EST

Mandatory sentencing should fix it! LOL.


Patrick (none / 0) (#15)
by sarcastic unnamed one on Fri Dec 22, 2006 at 12:42:56 PM EST

In 1990, Tyrone Brown, then 17 years old, took part in a $2 Dallas stickup in which no one was hurt. He got caught, pleaded guilty to aggravated robbery, and received a sentence of 10 years probation.

: Yeah, (none / 0) (#17)
by Patrick on Fri Dec 22, 2006 at 12:44:44 PM EST

But I can't find a mention of the weapon or circumstances which made it aggravated robbery. Did you?

Judge has requested sentence reduction (none / 0) (#36)
by Rick B on Fri Dec 22, 2006 at 04:53:03 PM EST

Judge Dean has sent two letters to the Texas Board of Pardons and Paroles asking that Tyrone Brown's sentence be reduced tot the time served, 16 1/2 years. From the Dallas Morning News, here is an excerpt of today's story.

The judge's Dec. 11 and Dec. 15 letters asked the Texas Board of Pardons and Paroles to commute Mr. Brown's sentence to the 16 ½ years he has served. Gov. Rick Perry, who rarely grants commutations, will have the final say.
Tyrone Brown is serving a life term at the maximum-security James Allred Unit near Wichita Falls. His case has drawn national attention.

The letters do not explicitly address a key commutation requirement: a citation of new facts about the case that were unavailable in 1990.

Laura McElroy, the board's general counsel, said her office is working closely with the judge and the Dallas County district attorney's office "in an effort to assist them in complying with the rule. ... I'm hoping it can get done."
Ms. McElroy said state rules do not require Judge Dean to explain why he sentenced Mr. Brown so harshly. Last week, she said the judge's ruling was one of the "worst" examples she knew of a judge giving the maximum sentence on a probation revocation.

Texas, like many states, has no standards for punishing probation violations, although Judge Dean's own written guidelines say that an initial drug-test failure should lead to an offer of counseling.
A second positive test for marijuana typically would result in a few days in jail, according to a former probation officer who worked in the judge's court.
District Attorney Bill Hill recently initiated the commutation process, telling state officials in letters that Judge Dean "contacted my office about this case several months ago, shortly after The Dallas Morning News ran a story about it. Dean told me that he wanted Brown to receive a time cut, but that he did not want to be the one to initiate it."
"I told Dean that I would join with him in requesting a time cut, but that he should be the one to initiate it because he was responsible for the sentence."

Judge Dean is one of the Republican judges who left the Bench this last election and were replaced by Democrats.

I'd guess that this is a person (like Shrub) who can't face being wrong, so will not admit it. In this case, it looks like he procrastinates and then does the minimum possible to avoid the issue as a psychological defense against facing his own errors. I wouldn't be surprised to find that his personal problems of this kind have been getting worse (or more obvious), which would be why he didn't run for reelection last November. But that is just a speculation on my part based on no information beyond what I have seen in the paper.


: Oh, he didn't run? (none / 0) (#38)
by glanton on Fri Dec 22, 2006 at 05:01:04 PM EST

Then I take back my compliment to the Dallas area voters.
How sad, not even token accountability for this waste of skin. Should be in jail, instead he gets to retire as a "public servant," head held aloft.

ABC reports that Brown will be released if Gov (none / 0) (#1)
by MSS on Fri Dec 22, 2006 at 11:04:12 AM EST

<http://www.november.org/thewall/cases/brown-ty/brown-ty.html>

Here's more background on the story.

The judge and DA have both recommended that Brown be released, and ABC News reports that Brown will be freed if Gov Perry signs the Parole Board recommendation:

<http://www.abcnews.go.com/2020/story?id=2743788>

Keith Dean, the Dallas judge who issued the unusually harsh sentence, has written a formal letter to the Texas parole board asking them to free Brown.
Dean, who was voted out of office just days after "20/20" ran the story, wrote that he supported the district attorney's recommendation of release and agreed that "Mr. Brown has been rehabilitated and no longer poses a risk to others or himself."
The parole board is expected to determine Brown's eligibility for release this week and pass its recommendation on to Texas Gov. Rick Perry. Perry is the only one who can order Brown's freedom.

: please use the link button to post urls (none / 0) (#5)
by Jeralyn on Fri Dec 22, 2006 at 11:41:01 AM EST

thanks, otherwise the site can get skewed and I'll have to delete the comment.

What?! (none / 0) (#4)
by sarcastic unnamed one on Fri Dec 22, 2006 at 11:39:25 AM EST

He'd be well advanced by now in any career he'd chosen.

You mean his chosen career in armed freakin' robbery?

The guy got screwed, no doubt, no way he should have served that much time, and he may well have had (and may well choose to have in the future) an honorable career, but that is far, far from ironclad.

I didn't say it (none / 0) (#6)
by Edger on Fri Dec 22, 2006 at 11:43:59 AM EST

was ironclad, Sarc.

I emphasized that the judge who sentenced him made damn sure he never had a chance... at all.

I stole more than he ever did when I was younger. Have you never staken anything worth more than two dollars from someone?


Edger (none / 0) (#7)
by sarcastic unnamed one on Fri Dec 22, 2006 at 11:46:46 AM EST

Never at gunpoint. You?


No (none / 0) (#8)
by Edger on Fri Dec 22, 2006 at 11:53:50 AM EST

But so? That is not what he was sentenced to life for. An even if it had been, the sentence would still have been outrageous.

He did not kill anyone. You and I have both hurt people more financially (If I read your comment right) than he ever did.

His "education" has been his life in prison. As SeeEmDee said:

What has he been turned into? You and I and all of society share the responsibility and the fault... probably more than he... for anything he may do in future, I think.


: He wan't sentenced to life for armed robbery (none / 0) (#37)
by Rick B on Fri Dec 22, 2006 at 05:00:32 PM EST

He was sentenced to life without parole for parole violation.

Edger, and another thing... (none / 0) (#9)
by sarcastic unnamed one on Fri Dec 22, 2006 at 11:55:28 AM EST

I stole more than he ever did when I was younger.

Are you sure? I mean I'm sure you're sure you stole more than he did in the armed robbery he was convicted of.

But are you sure that was his only theft? Ever?

Or are you sure your theft(s) was/were so big that no way would he be able to top it/them?


nitpicking (none / 0) (#10)
by Edger on Fri Dec 22, 2006 at 12:00:57 PM EST

: Isn't that what lawyers are for? Nitpicking? N/T (none / 0) (#39)
by Rick B on Fri Dec 22, 2006 at 05:01:36 PM EST

Tryone's (none / 0) (#18)
by sarcastic unnamed one on Fri Dec 22, 2006 at 12:49:01 PM EST

on MySpace:

I was regularly sent to special schools and placed in special classes. Stealing cars and other things only led me into juvenile jails, until age 17 when I was charged with aggravated robbery-my first and only criminal charge as an adult.
After a few months in jail, I was given a 10-year deferred sentence and ordered to submit to conditions of probation. Two months later I was ordered to submit to a urinalysis test -- the results showing I had smoked marijuana. The Dallas Court revoked my probation, and I was sentenced to life in prison.

Edger, no, I never stole anything even approaching the value of a car. You?

fwiw, I give the guy props for telling us his background.

Sarc (none / 0) (#19)
by Edger on Fri Dec 22, 2006 at 12:55:13 PM EST

No. But you're intentionally missing that it was not a question of degree.


Edger (none / 0) (#25)
by sarcastic unnamed one on Fri Dec 22, 2006 at 01:09:29 PM EST

Honestly, where are you coming from today?

You said "I stole more than he ever did when I was younger." Well, he stole cars. Have you stolen cars as well?

Look, he got screwed, we all agree. Why throw in the made-up heart-tugging BS?


: Sarc (none / 0) (#29)
by Edger on Fri Dec 22, 2006 at 01:18:26 PM EST

You know I was talking about the $2 robbery.

Sarc (none / 0) (#22)
by Edger on Fri Dec 22, 2006 at 12:57:17 PM EST

You ever politic your way into a promotion at someone else's expense?


Correction to story (none / 0) (#21)
by txpublicdefender on Fri Dec 22, 2006 at 12:57:11 PM EST

He was not sentenced to life without parole--Texas did not have a life without parole sentence at the time. He was sentenced to life with parole.

At any rate, hopefully justice will finally be done. This sentence was outrageous and arbitrary--it went completely contrary to what the judge's own standard rules for probationers are, which is that someone is offered counseling/treatment for a first positive drug test. Even a second positive test is normally handled by a sanction of a few days in jail, followed by continued treatment.

The victim of the offense has been quoted often in the news coverage of the case saying that he thought the sentence the young man received was outrageous, and he is in full support of the commutation of his sentence.

Also, for whatever its worth, although the judge was voted out of office this past November, I don't think it can necessarily be attributed to how he handled this case. He was one of many Republican judges who were tossed out in favor of Democrats in Dallas County this year. In fact, every single sitting Republican judge in the county (which was every sitting judge in the county, except one) who had a Democrat opponent was voted out of office. The media publicity, however, was clearly responsible for the push for this commutation.

Maybe being voted out of office caused... (none / 0) (#24)
by Bill Arnett on Fri Dec 22, 2006 at 01:06:21 PM EST

...the judge to have an epiphany and realize the error of his former ways.

If nothing else Texas sent a Texas-sized b*tch-slapping to republican judges and the GOP in general.


: No, it was earlier (none / 0) (#40)
by Rick B on Fri Dec 22, 2006 at 05:42:47 PM EST

Judge Dean had his epiphany when TV picked up the story about two months before the election.
Assuming he had an epiphany at all. It looks like he was told by a lot of people around him that it was a bad situation for him. Considering his procratination and attempt to get the District Attorney to handle the administration with the Texas Board of Pardons and Paroles, it looks like he hasn't had the epiphany yet - or he can't deal with it.

Good for the Dallas voters, BTW (none / 0) (#23)
by glanton on Fri Dec 22, 2006 at 12:58:51 PM EST

for kicking this scum out of office. Proves that the media can still use its power to shine light on, and set the stage for rectifying, injustice.

Now, if Dean himself had to do some time for robbing this man of so many years, instead of comfortably affecting the role of societal pillar, I'd be even happier about it.

It was straight ticket voting that got the Republ (none / 0) (#41)
by Rick B on Fri Dec 22, 2006 at 05:50:29 PM EST

Their were two pages or so of judges on the ballot. No voter knows who he is voting for or against.

What happened is that for the first time in more years than I have been an adult the Democrats swept Dallas County, and most voted straight ticket Democrat.

Judges in Texas run on party labels. This caused all Republicans to lose their election. Good, bad or indifferent, they were all swept away in a tsunami of party change. I am still amazed. Dallas County was Republican under LBJ, even though they got no federal money as a result. They sent the only Republican Rep to Congress in Texas for years.

I love the change, but I'd really like to have judges run without a party identification.


: Rick B, (none / 0) (#44)
by glanton on Fri Dec 22, 2006 at 08:25:10 PM EST

Thanks for the info re the ballotsin Dallas County. As I said upthread, I take back my comment about the media and then voters punishing Dean, I see he retired, and even if he hadn't retired, he would have lost only because Rethugs were losing this time around.
Basically Judge Dean suffered nothing as a result of what he has done. That is too bad. He should be hissed, mocked, derided everywhere he goes. Such abuse of power needs to be dealt with harshly if we hope to discourage it at all.

You mean like (none / 0) (#26)
by 1980Ford on Fri Dec 22, 2006 at 01:11:10 PM EST

this?

Whats with the Gov (none / 0) (#27)
by Jen M on Fri Dec 22, 2006 at 01:15:06 PM EST

Can't he just pardon him or something? Does he have to pass the buck to the parole board?

Sure he could, but Rick Perry is... (none / 0) (#31)
by Bill Arnett on Fri Dec 22, 2006 at 01:24:32 PM EST

...just bush-lite, so it is really unfair to expect compassion from the man.


Actually, it's the law (none / 0) (#32)
by txpublicdefender on Fri Dec 22, 2006 at 01:55:14 PM EST

In Texas, the Governor does not have the authority to grant a pardon or commutation on his own. If the Board of Pardons and Paroles recommends a pardon or commutation, the Governor then has the power to grant or deny, but he cannot grant clemency if the Board has rejected the request. The only thing he can do on his own is grant a one-time 30-day stay of an execution. (The Board is made up of people appointed by the Governor, however).


Different states and procedures. Thanx. (none / 0) (#33)
by Bill Arnett on Fri Dec 22, 2006 at 02:28:36 PM EST

Ah (none / 0) (#34)
by Jen M on Fri Dec 22, 2006 at 02:36:45 PM EST

Thank you


Texas has an extremenly weak Governor (none / 0) (#42)
by Rick B on Fri Dec 22, 2006 at 05:59:38 PM EST

The Constitution was adopted in 1876 right after the Yankee Army was pulled out after Reconstruction. Most state Departments are run by Commissions of which one-third are appointed every two years. (This worked better as long as the governor was elected every two years. This changed to four year terms about 1970.)

The governor cannot remove a Commissioner, either. Only impeachment is mandatory, although in recent years if the governer asked for someone's resignation they usually tendered it.

The Board of Pardons and Paroles is just another such agency in which the governor has influence, but no command authority.

Shows why Bush wasn't demonstrated as a failure as governor. According to Mollie Ivins, he only worked about two hours a day. That's probably high.


: High? (none / 0) (#43)
by squeaky on Fri Dec 22, 2006 at 06:57:44 PM EST

....he only worked about two hours a day. That's probably high.
Was that on coke or booze?

Gee (none / 0) (#35)
by scarshapedstar on Fri Dec 22, 2006 at 03:47:22 PM EST

It would be terribly uncivil to suggest that maybe Tyrone Brown being, well, brown, might have had something to do with this Draconian sentence. Wouldn't it.

Color me uncivil, then.