Thursday, Jul. 24, 2008

Two stories, one murder

Was Raymond Anthony Brown at the scene of Jose Miranda's murder, or is he the victim of a false confession?

By VICTOR A. PATTON
vpatton@mercedsun-star.com

Raymond Anthony Brown's defense attorney says his client is an innocent man accused of murder -- on trial because of a false confession and a witness who's a liar.

But prosecutors say Brown played a pivotal role in a brutal robbery and murder -- and his videotaped interrogation with detectives proves it.

Those were the contrasting narratives related by attorneys during closing arguments in Brown's trial Wednesday. Brown, 24, is accused of participating in an April 15, 2006, robbery that led to the killing of Jose Miranda, 38, of Atwater.

Because of those allegations, Brown faces murder charges that could put him behind bars for the rest of his life. The trial's jury of seven women and five men begins deliberations today. A second defendant in the case, 23-year-old Marcus Whitaker, is awaiting trial.

Brown's trial centers on the night Miranda and two companions were driving home from a bar in Merced, when around 2 a.m., they were confronted in the 1800 block of Kibby Road by two robbers who demanded their money, investigators said. During the robbery, Miranda was shot twice and bled to death.

Merced County Deputy District Attorney Tom Cooke said although Whitaker fired the bullet that killed Miranda, Brown is also to blame for the victim's death. Cook referred to an interview that Brown gave with Merced County Sheriff's Department detectives, when he admitted taking part in the robbery and gave specific details about the attack.

Brown said he put a gun to the victim's head, saying, "Give it up." He also said Miranda then grabbed the gun and a struggle ensued. Brown said, "Get him," to Whitaker, according to Cooke.

When Brown said those words, Whitaker fired the shots that killed Miranda, Cooke said. "It's clear that (Brown) initiated the chain of events," Cook said. "It's clear from that statement (to sheriff's investigators) that he was there."

Cooke also said that Fernando Barrera, Brown's brother-in-law, testified that he himself was at the scene with the defendant and Whitaker when Miranda was killed.

Defense attorney Linden Lindahl, however, attacked Barrera's character, accusing him of lying about Brown to save himself. Lindahl referred to a videotaped interview that Barrera gave with sheriff's detectives, accusing him of making a deal with investigators to avoid prosecution. "When he said, 'I'll do anything to get out of jail,' he meant it," Lindahl said. "He was cutting a deal to save his skin."

Lindahl said his client fabricated his confession to detectives because Barrera asked him to do it. Lindahl argued Barrera also fingered Brown in the robbery and Miranda's death because "he needed to give police names" and was afraid that he would face charges.

Lindahl also said his client has an alibi and referred to testimony given by Brown's wife, who testified that her husband was at home, in bed, the night of the killing. He argued that the gun that Brown allegedly used was also never found by investigators -- which he claimed supports his theory that his client gave a false confession, because a second gun never existed. Cooke, however, argued that Brown probably took the gun with him.

During his rebuttal statement, Cooke called the idea that Brown gave a false confession "ludicrous." He defended Barrera, accusing the defense of trying to divert attention away from Brown. "(Barrera) felt guilty," Cooke said. "That's why he turned (Brown) in."

Cooke said Brown's confession to sheriff's detectives was also too detailed about the crime to be considered false. "These are the statements of someone who's been there," Cooke said. "This is not a false confession. It's the confession of the person that's responsible for the death of Jose Miranda."

In the days after Miranda's death, Brown was arrested by officers with the Oakland Police Department when detectives received a tip that he was staying with relatives in that East Bay city. He is charged with first-degree murder with special circumstances, in addition to two counts of attempted robbery and one count of robbery. If convicted, he faces a maximum sentence of life in prison.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.