Tina Lasonya Brown v. State of FloridaTina Lasonya Brown v. State of Florida
Tina Brown, a prisoner under sentence of death, appeals the denial of her successive motion for postconviction relief and motion for public records, which are ultimately aimed at discrediting the trial testimony of co-perpetrator, Heather Lee. We affirm.1
I.
A. Background
In 2010, Brown, Brown’s sixteen-year-old daughter Britnee Miller, and Heather Lee kidnapped Audreanna Zimmerman, beat
M.A., a thirteen-year-old friend of Miller’s, testified at trial that on the day Zimmerman was killed, she was present when Brown initiated the attack on Zimmerman with a stun gun and used the stun gun on her multiple times. She also testified that Brown forced Zimmerman into the trunk of the car and thought that Miller drove the car away with Brown and Lee inside.
At trial, Brown’s cellmate, Doyle, further testified that Brown admitted she, Miller, and Lee “picked up the victim and beat her up and ta[s]ed her and sеt her on fire.” Brown v. State (Brown II), 304 So. 3d 243, 253 (Fla. 2020). Doyle testified that Brown also told her that Lee was there but “didn’t have anything to do with it.” Id.
Based on the foregoing evidence, the State argued that Brown initiated the entire criminal episode and had the sole motive to murder Zimmerman, which was revenge on Zimmerman for using a stun gun on her daughter, Miller. The State also argued that, based on Lee’s testimony, it was Brown and only Brown who killed Zimmerman by dousing her with gasoline and lighting her on fire. In arguing for the death penalty, the State argued that Brown had thе greatest level of involvement in the crime.
Brown was convicted of first-degree murder and, following a unanimous jury recommendation, sentenced to death. The trial court found the following aggravators: (1) the murder was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification (CCP) (great weight); (2) the murder was especially heinous, atrocious, or cruel (HAC) (great weight); and (3) the murder was committed while Brown was engaged in the commission of a kidnapping (significant weight). We affirmed her conviction and sentence on appeal. See Brown I, 143
In 2015, Brown filed her initial motion for postconviction relief. Following an evidentiary hearing, the trial court denied all claims, including a claim of ineffective assistance of trial counsel for failing to adequately challenge the State’s guilt phase evidence through cross-examination of witnesses Lee and Doyle, and a claim of newly discovered evidence related to (a) Lee’s credibility as a witness and (b) her more central role in instigating the murder.5
We affirmed the denial of Brown’s postconviction claims concerning Lee’s role and her credibility because while “the additional impeachment of Lee might result in a lesser sentence at a
We also denied Brown’s habeas petition in which she asserted that appellate counsel wаs ineffective for failing to challenge the prosecutor’s statements to the jury concerning Doyle. Id. at 279-80.7
B. Successive Postconviction Motion & Evidentiary Hearing
Brown filed a successive motion for postconviction relief in August 2022, raising a newly discovered evidence claim centered on the recantation of prosecution trial witness Doyle (Brown’s cellmate) and the supporting affidavit and testimony of Latoria Frazier (Doyle’s former cellmate who also knows Lee).8
Brown attached an affidavit from Doyle to her postconviction motion. In the affidavit, Doyle claimed Lee threatened her in prison to get her to testify that Brown’s motive for the crime was a fight between Miller and Zimmerman over a boy and that Lee was not involved in the murder but knew about it. Doyle further claimed in her affidavit that, contrary to her trial testimony, Lee told her that she was involved in Zimmerman’s death. Doyle claimed Lee told her that both she and Brown attacked Zimmerman with a taser (stun gun). Doyle also claimed that Lee held onto Zimmerman’s
Frazier’s affidavit stated that Doyle told her in the early 2010s that Lee asked Doyle to testify in Lee’s case and lie in court. Frazier advised Doyle not to do it and to stay away from Lee.
Brown argued in her motion that Doyle’s recantation would probably result in an acquittal on retrial or a lesser sentence at a new penalty phase. In support of a lesser sentence, Brown also attached the reports of three mitigation experts to her motion.
The postconviction court granted an evidentiаry hearing. After having received derivative use immunity, Doyle testified in contradiction to her trial testimony that Brown never spoke to her about her case while they were incarcerated together. Instead, Doyle claimed that she overheard Brown talking to Miller and other inmates about the case and thought she heard Brown say that the
However, when questioned about her affidavit, Doyle testified that she did not know the document she signed for Roderwald was an affidavit, that she did not read it before signing, and that Roderwald did not go over each line with her. Instead, she testified that Roderwald pressured her into making a statement and into sаying certain things, such as that it was Lee’s husband who was the motivating factor in the murder. When the State cross-examined Doyle about her past untruthfulness, Doyle threatened to “just . . . say I don’t remember anything anymore.” She also said she could not remember everything she was being questioned about because it had been many years since the events in question and she had done many drugs since then.
Roderwald testified that he spoke with Doyle approximately four times beginning in late November 2021. He initially noted that Doyle was inconsistent with her trial testimony about previously knowing Lee and why she was in jail. A week later, Doyle told Roderwald that Lee had threatened her to get her to testify in Brown’s case. Roderwald prepared an affidavit and asked Doyle to read it. Doyle corrected a misspelling in the affidavit and signed it after being placed under oath. Roderwald denied having pressured Doyle to sign the affidavit.
Defense investigators, Jayson Shannon, Emily Collins, and
Brown also presented additional mitigation evidence from
C. Postconviction Order
The postconviction court denied Brown’s successive postconviction motion, finding first that the newly discovered evidence claim was untimely. The court reasoned that Frazier’s
The postconviction court also concluded that even if the claim was timely, Doyle’s testimony was not credible based on Doyle’s failure to provide a credible reason for recanting her testimony years later, the efforts Doyle made at the hearing to disclaim her affidavit, the fact that Doyle had five previous felony convictions including one for a crime of dishonesty, and Doyle’s “defensive and antagonistic” demeanor at the evidentiary hearing.
Even if timely and credible, the postconviction court determined that the newly discovered evidence would probably not produce an acquittal at rеtrial or a lesser sentence given the evidence of Brown’s DNA on the stun gun, the victim’s dying declaration, M.A.’s testimony that Brown was the primary aggressor at the trailer, and Brown’s own incriminating statements about her participation in the murder that she made at the Spencer hearing
Brown now appeals the order denying her successive postconviction motion, as well as the order denying her motion for public records seeking recordings of Lee’s jailhouse phone calls. As explained below, we affirm the postconviction court’s orders.
II.
On appeal, Brown asks this Court to remand for a new penalty phase and does not argue for a new trial. Thus, we address only whether the postconviction court erred in finding that Brown was not entitled to a new penalty phase.
A. Newly Discovered Evidence Claim
“This Court applies a mixed standard of review to a lower court’s rulings on newly discovered evidence claims after an
“To succeed on a claim of newly discovered evidence, [a] defendant must establish [the] two prongs” from Jones v. State (Jones II), 709 So. 2d 512, 521 (Fla. 1998). Sheppard, 338 So. 3d at 825. “First, the evidence must not hаve been known by the trial court, the party, or counsel at the time of trial, and it must appear that the defendant or defense counsel could not have known of it by the use of diligence.” Calhoun v. State, 376 So. 3d 583, 585 (Fla. 2023) (quoting Marek, 14 So. 3d at 990). Second, “[w]hen a claim of newly discovered evidence is based upon the recantation of testimony by a witness for the prosecution, the second prong of Jones II is met only where the defendant first establishes that the recanted testimony is truthful.” Spann v. State, 91 So. 3d 812, 822 (Fla. 2012) (citing Davis v. State, 26 So. 3d 519, 526 (Fla. 2009)). If the recanted testimony is truthful, then the court must determine “whether the newly discovered evidence ‘would probably yield a less
1. Timeliness
“Any motion to vacate judgment of conviction and sentence of death must be filed by the defendant within 1 year after the judgment and sentence become final.”
As to Frazier’s testimony, we agree with the postconviction cоurt’s finding that Brown’s newly discovered evidence claim was untimely. Because Frazier wrote a letter in support of Lee for her sentencing in 2012, Frazier has been known and available to the defense for over a decade and could have been discovered earlier with due diligence.
However, we disagree with the postconviction court that Doyle’s recantation could have been discovered earlier with due
2. Credibility
Because Doyle was a prosecution witness, the second prong of Jones II cannot be satisfied unless Doyle’s recantation and new testimony is found to be truthful. See Spann, 91 So. 3d at 822. In considering the credibility of a witness, we give great deference to the trial judge’s assessment of the witness’s demeanor and other
Whether Doyle gave a credible reason for why she chose to recant,11 we find that competent, substantial evidence supports the postconviction court’s findings that “Doyle gave contradictory statements and made efforts to disclaim her affidavit, and her testimony failed to solidify how she would testify at a retrial.” At the evidentiary hearing, the record reflects Doyle testified that she did not know that she signed an affidavit and did not read it, except
Further, the record supports the postconviction court’s finding that Doyle was less than a credible witness due to (a) her willingness to “just say she did not remember anything anymore” as a defense to cross-examination and (b) her lack of recollection based on her years of drug abuse. We defer, of course, to the postconviction court’s finding that Doyle’s demeanor was “defensive and antagonistic.” See Spann, 91 So. 3d at 825.
Based on this record, we find no error in the postconviction court’s finding that Doyle’s recantation was not credible and agree that Doyle’s potential new testimony was never solidified.
3. Probability of a Life Sentence
Having found no error in the postconviction court’s determination that Doyle’s unsolidified recantation was not credible, we need not consider whether the postconviction court erred in finding this evidence would not probably result in a lesser sentence following a new penalty phase. But even if we did, we find no error in the postconviction court’s order.
Under Jones II, “when the penalty phase is at issue, the second prong requires a determination of whether the newly discovered evidence ‘would probably yield a less severe sentence’ on resentencing.” Brown II, 304 So. 3d at 273 (quoting Swafford, 125 So. 3d at 767). This requires a “consideration of ‘whether the evidence goes to the merits of the case or whether it constitutes impeachment evidence,’ ‘whether the evidence is cumulative to other evidence in the case,’ and ‘the materiality and relevance of the evidence and any inconsistencies in the newly discovered evidence.’ ” Id. (quoting Jones II, 709 So. 2d at 521). When evaluating these factors,
this Court considers it in conjunction with not only the evidence already presented at trial but also any new evidence the movant has developed in postconviction
prоceedings that could be introduced at a new trial, including evidence that has not been considered on its own because it was the subject of a procedurally barred claim.
Id. (citing Hildwin v. State, 141 So. 3d 1178, 1181, 1184 (Fla. 2014)).
Brown argues that the newly discovered evidence of Doyle’s recantation and Frazier’s corroborating statements, in addition to other evidence developed in the instant and prior postconviction proceedings, has a likelihood of resulting in a life sentence because the evidence shows that Lee’s culpability is heightened and that Brown’s is reduced, compared to the State’s position at trial. Brown also argues that the testimony of her additional mitigation witnesses shows that she was less culpable due to her childhood trauma and mental health, and that this mitigation evidence would outweigh the CCP aggravator, likely resulting in a life sentence following a new penalty phase.
Even crediting all this evidence and assuming it would be admitted at a new penalty phase, this evidence does not overcome the other evidence showing that Brown was the ringleader. M.A. testified that Brown was the initial aggressor who started thе attack
Further, the additional mitigation evidence showing that Brown was a victim of sex trafficking, incest, violence, and trauma is not likely to overcome the CCP aggravator because it is largely cumulative to the evidence Brown presented to her initial penalty phase jury through psychologist Dr. Elaine Bailey. Dr. Bailey talked about the stressors and cumulative trauma Brown experienced, including her sexual victimization, that affected Brown at the time of the murder.12 On the other hand, the State’s expert,
Thus, we affirm the postconviction court’s finding that Doyle’s recantation is not credible, but even if it were, this evidence would not probably result in a lesser sentence at a new penalty phase.
B. Public Records Claim
Brown also challenges the postconviction court’s denial of her
III.
For the reasons above, we affirm the postconviction court’s denial of Brown’s successive postconviction motion and request for public records.
It is so ordered.
COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, and SASSO, JJ., concur.
TANENBAUM, J., did not participate.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
An Appeal from the Circuit Court in and for Escambia County, Gary Leе Bergosh, Judge Case No. 172010CF001608XXXAXX
for Appellant
James Uthmeier, Attorney General, Tallahassee, Florida, and Stephen D. Ake, Senior Assistant Attorney General, Tampa, Florida,
for Appellee