A judge has been asked to dismiss murder charges filed in a Richmond County homicide that occurred nearly a decade ago.
The latest in a series of defense attorneys appointed to represent Tiffany Brown, 31, filed the motion this year after she took over the aging case.
Brown has pleaded not guilty in Richmond County Superior Court. She is accused of murder in the death of her boyfriend, 27-year-old Ollie Anderson III, on Aug. 5, 2012.
The passage of so much time puts Brown in an unfair position, said attorney Kelly Williamson. Appellate courts have said a one-year delay is prejudicial, but delays such as this in Brown’s case reach a level where the unfairness is inherent and obvious, Williamson said. The only cure at this point is dismissing the case, she said.
But Assistant District Attorney Kevin Davis countered at a hearing last month that Brown herself was responsible for much of the delay, and that there’s no proof that Brown’s defense is hampered by the delay.
The repeated loss of defense attorneys was the reason for most of the delay, Davis said, then there was a defense request for a mental evaluation, and two defense requests for delay because of high-risk pregnancies that should be attributed to Brown.
The pandemic also delayed Brown’s and everyone’s trials for a year, Davis said. The fact that no defense request for a speedy trial was filed until Williamson entered the case should also be considered, he said.
Brown didn’t have a choice in the attorneys in her case, however. She was and is indigent. Six different attorneys with the public defender’s office were assigned to her case before Williamson, the latest.
The reason for such a long delay isn’t the issue at this point, Williamson said. The elephant in the room is still the age of the case, she said. The pandemic was a factor in the delay, but there were six years before that to try the case and there have been numerous cases tried since criminal trials resumed last year, she said.
“How long must a case be pending … before there’s obvious prejudice,” Williamson said. “Eventually you have to say enough is enough.”
Brown’s case has been set for trial more than 15 times. In the past near decade, witnesses have moved, and others can’t be located, she said.
Brown has a battered person’s defense, Williamson said. She was the victim of four prior documented incidents of domestic violence when sheriff’s deputies responded, but each of the responding officers has left the Richmond County Sheriff’s Office, Williamson said.
A year’s delay is legally considered prejudicial to the defense, but that’s not the end of the discussion. The case that courts look to in deciding how much delay is too much is Barker v. Wingo, decided by the U.S. Supreme Court in 1972. That case establishes four factors to consider in making the decision trial delay has reached the point of constitutional violation: length of delay, reason for the delay, the accused’s assertion of the right to a speedy trial and prejudice to the defense’s cases.
Subsequently appellate court decisions have, however, held that there comes a point when the length of delay is so egregious it must be considered unfairly prejudicial no matter the reasons for it or proof of harm, Williamson said. A recent Georgia Supreme Court ruled that was true in a case delayed for eight years, she said.
Judge Jesse Stone, who inherited the case when he became a judge in 2021, took the matter under advisement. Either losing side may appeal his decision, which would, lead to further delay.
Brown has been free on bond since 2012. At her first court appearance, bruises were still visible on her face, which was pointed out by Brown’s attorney as evidence of self-defense.
Although free on bond, the case still darkens Brown’s life, her attorney said. She went from nursing school to being unable to find any job but work on a chicken farm, Williamson said. She is still in treatment for post-traumatic stress disorder and depression, Williamson said.
The prosecutor noted that Brown has still had a life to live. The victim’s family has become so frustrated with all of the delays they have told the office’s victim assistance professionals not to call unless there’s a guilty plea or a trial, Davis said.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.
