JACKSONVILLE, Fla. – U.S. Rep. Corrine Brown and her attorneys have filed a new motion in federal court to compel federal prosecutors to immediately disclose any evidence or information that prosecutors have that could help her case.
Brown was indicted two weeks ago on federal charges accusing her and her chief of staff of using a questionable charity to funnel $800,000 to their personal accounts in what prosecutors call a "slush fund." She is also accused of tax fraud.
If convicted on all 22 charges, Brown could be sentenced up to 357 years in prison and fined $4.8 million. Ronnie Simmons, her chief of staff, could face up to 355 years in prison and $4.75 million in fines.
The information sought by Brown's team is legally called “Brady material” and refers to a the U.S. Supreme Court case, Brady v. Maryland, in which justices ruled that the prosecution cannot suppress or withhold evidence favorable to the defendant who has requested it. If that happens, it violates the defendant’s constitutional right to due process.
In the motion filed Wednesday, Brown’s team of attorneys led by civil rights attorneys Bill Sheppard and Elizabeth White write, “The Court in this case should follow the emerging trend of ensuring that Brady material is disclosed early. There is simply no justifiable reason to delay the disclosure of such material and the government will not be unfairly prejudiced by giving Brown favorable information at an early date.”
The lawyers said that at least 31 districts already require Brady material to be disclosed almost as immediately as prosecution begins.
DOCUMENT: Motion for early release of 'Brady material'
Brown was arrested July 8 in Jacksonville. She pleaded not guilty the same day to all charges outlined in a federal grand jury indictment that also named Simmons.
Both are charged with participating in a conspiracy to commit mail and wire fraud, multiple counts of mail and wire fraud and concealing material facts on required financial disclosure forms. Simmons is charged with theft of government property. Brown is charged with obstruction of the due administration of internal revenue laws and filing false tax returns.
"This case involves a 24-count indictment that alleges … the existence of a conspiracy that dates back to 2011," Brown's attorneys wrote. "Substantial time will be required to analyze any exculpatory information disclosed by the government in order to use it effectively at trial. ... Given that early disclosure will not harm the government, and late disclosure may pose a substantial risk to prejudice to Brown, there is no reason this court should not follow the examples of other courts in this circuit and require early disclosure.”
The same day she was indicted, Brown stepped down as senior Democrat on the House Veterans Affairs Committee, but remains a member of Congress and is running for re-election in her drastically re-drawn Congressional district. She has fought off challenges over her two decades in Congress and continues to insist she is innocent of all charges.
"My heart is really heavy. This has been a very difficult time for me, my family, my constituents, but I'm looking forward to a speedy day in court to vindicate myself," Brown said as she left the courthouse. "I'm looking forward to presenting the rest of the story."
A judge has granted a Justice Department motion asking that U.S. Rep. Corrine Brown's lawyers be blocked from releasing discovery material that prosecutors will share with them in her fraud trial.
The DOJ was concerned that Brown’s lawyers would release sensitive and private information about victims, witnesses and third parties. Prosecutors wanted to block Brown’s lawyers from “disseminating discovery material for purposes other than the preparation of her defense.”
A judge agreed and ordered that Brown's attorneys can use the discovery material only for trial preparation.
A pretrial hearing in Brown's case is scheduled for next Tuesday and her trial is set for September -- one week after the primary election.