JACKSONVILLE, Fla — Convicted former city councilmembers Katrina and Reggie Brown want a federal judge to reconsider their request for a new trial, saying an "arithmetical" error contributed to the the judge's prior denial.
In a joint motion filed Monday, the Browns (no relation) say U.S. District Judge Marcia Morales Howard denied their earlier motions for a new trial and judgement of acquittal based in part on her concern it would unnecessarily delay the case.
In her June order, Howard did cite a desire not to further prolong the long-delayed case (the Browns were indicted in May 2018), and faulted the defendants for much of that delay.
The Browns' motion suggests that delays baked into the case due to COVID-19, the Republican National Convention and the judge's own sentencing timetable have created greater delay, and that it's therefore unfair to deny their motions based on timeliness.
After their convictions in October, the Browns' sentencing was originally set for January, delayed to March, then moved to May then August due to COVID-19. Earlier this month, the judge again moved the sentencing, saying "In light of security concerns attendant to the Republican National Convention scheduled to be held in Jacksonville at the same time as the sentencing currently set for August 26, 2020, the Court sua sponte continues the sentencing to Monday, September 14, 2020."
Even that seems optimistic, according to today's motion, which says, "it can reasonably be expected that sentencing will be held in late September or October of 2020 – assuming the national pandemic is under control, which, at this point, seems very unlikely."
Given those delays, the motion contends, the judge's original reasoning for denying the Browns' motions no longer apply.
"Given the Court’s concern as to whether an analysis of the merits of the defendants’ motions would 'unnecessarily prolong these proceedings,' these corrections to the arithmetic of counsel are respectfully submitted to further guide the Court."
The Browns were each convicted of more than 30 counts of fraud, conspiracy and corruption stemming from Katrina Brown’s failed family barbecue sauce business.
That business received some $3.2 million in city and federal loans and grants -- money that was intended to support a factory expansion in Northwest Jacksonville and create 56 manufacturing jobs.
No jobs were ever created.