LISTEN LIVE

Judge Denies Corrine Brown's Latest Request For Sentencing Delay

Nov 6, 2017
Originally published on November 3, 2017 12:08 pm

Judge Timothy Corrigan signed an order Friday morning denying former Congresswoman Corrine Brown's second request to delay her sentencing on a conviction on multiple counts of fraud and other charges.

Prosecutors had countered the motion by calling it "bare bones" and said it lacked specific reasons for the delay, according to our News4Jax partner.

Corrigan said that Brown's motion raised issues that she contends warrant a delay, but that "they are all matters that can be readily addressed at the sentencing hearing."

Corrigan said he reviewed Brown's medical records provided by her attorney, but that nothing in them gave a reason for the court to postpone the sentencing.

In a motion filed Wednesday, Brown's attorney said she is being evaluated for certain medical, mental and emotional conditions that could have an impact on her sentencing.

In response, prosecutors said these medical, mental and emotional issues were never mentioned to the probation officer who completed a presentencing report last month.

Corrigan ruled against Brown, ordering the sentencing to take place at 10 a.m. November 16.

The judge did extend deadlines for any more sentencing motions, giving both sides until 5 p.m. on November 10 to file anything new.

Last week, attorney James Smith filed a motion asking the court to delay the scheduled sentencing, stating they needed more time to prepare for sentencing after Brown’s home was damaged in Hurricane Irma.  The motion asked for a delay of nearly four months. Corrigan denied that request, saying the defendant had not explained why the delay of at least four months was justified.

Brown, 70, was convicted of taking money raised for the One Door for Education Foundation and lying on her taxes and congressional financial disclosure forms.

In the defense's second motion, Smith wrote that the presentence report, which was prepared by a federal probation officer and released October 12, recommends a “significant and lengthy prison time,” while Brown is seeking a sentence of probation.  Smith states that he has the task of developing mitigating circumstances for sentencing.

The motion then states that the presentence report doesn’t have enough information about Brown’s medical and physical condition, adding that she is still “undergoing testing and evaluation by physicians.”

Smith suggests that the findings would be significant with regard to Brown’s sentencing.  The motion makes similar arguments with regard to Brown’s mental and emotional condition, and states she is “still undergoing evaluative treatment regarding the implications of certain abnormalities.”

Smith also argues that the presentence report doesn’t contain enough information about Brown’s history of charitable service and history of good works prior to her indictment in connection with One Door for Education. The motion argues that numerous documents related to that history were destroyed at Brown’s home in the aftermath of Hurricane Irma, and that more time is needed to reconstruct those documents, or to recreate the documentation through interviews.

The motion also addresses the condition of Brown’s home itself, which was “extensively damaged during Hurricane Irma.”  It states she has not been able to live in her home and has been trying to repair the home. It goes on to say she needs more time to finish that process.

Copyright 2017 WJCT 89.9 FM Jacksonville. To see more, visit WJCT 89.9 FM Jacksonville.