| Statement of Jan. 5, 1990 (Part 1) |
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These are really wild. In Mr. Brown's previous statement, Dec 22, he indicated that he arrived at Chautauqua Mall at 5:00 p.m. Here, he is there at 12:30 - like the rest of the witnesses, and, like it obviously has to be (or what the police think it has to be at that point). What is really astounding is that these incredible changes occurr without any kind of explanation or discussion whatsoever. Almost as though two (or three) people had mutually invented this story, beforehand - and then sat down and put it on tape. Also quite remarkable, is the fact that in the very beginning of this statement Michael tells Herzog that after kidnapping her at the Chautauqua Mall, he, Buckley and Kathy Wilson proceeded directly to the crime scene in Lander, Pennsylvania. By the time it ends they have gone to Brown's house, after which Buckley takes off in the van with Wilson with him - tied up (with his shirt!) - while Buckley (according to his sisters' statements) has lunch and takes a shower. By the time all is said and done, Brown manages to eat up about four hours - in order to arrive at Akeley around 5 o'clock - to be spotted by Jesperson, of course. And thence onward to Lindell Road - to be spotted by Louis Cummings. This is also the statement (in part 2) which contains the infamous passage that Judge Wolfe identified as "Another objective example of the Commonwealth's difficulty and knowledge that Defendant was not an eyewitness". And which he claims "shows Trooper Herzog was not convinced Defendant had his story straight and needed help to account for a critical time void on the date of the victim's disappearance..". To us it indicates the suborning of perjury, obstruction of justice, and conspiracy. Of course this is all a real problem, seeing as how Michael Brown wasn't even there. And there are very serious questions as to whether witnesses Janet Jesperson and Louis Cummings were either. But at any rate, something to bear in mind is the fact that the authorities had this statement by Janet Jesperson - at the same time they began interviewing Mr. Brown. And 10 days before he was arrested - on this statement. Which of course is all at night. And, has no mention of the Akeley intersection.
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Statement of January 5, 1990 |
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drove past it.
Q. They took you down to show you where the purse was found, right? A. No. Q. Showed you where the Akeley intersection was, drove in there that day and from now on out, in all your statements, you are going to the Akeley intersection where before you weren't. How come? A. What do you mean before I wasn't going there? Q. I don't recollect you're talking in your previous statements about driving down to the Akeley intersection and making a turn at the bridge or any of that stuff, do you? A. I really don't know. MR. SMITH: I think I have already admitted Defendant's Exhibit 35. If not I move at this time. THE COURT: Admitted. MR. SMITH: I would like to turn to Defendant's Exhibit No. 37 which is a taped statement of 1-5-90. I'm sorry, Defendant's Exhibit 37, which is Mr. Brown's taped statement of 1-5-90. BY MR. SMITH: Q. Now, this statement, Mr. Brown, is made after your attorney returns, right, from wherever he went, right? And after you have taken the police to your house to do this search for murder knives and rings and necklaces right?
119 Let's start this one off, and again, I will read the portion of Mr. Herzog. Again, could you tell me why you're making the 20th, the 21st, the 22nd of December, and now the 5th of 1990, which is only a two-week period, you make four statements to the police? Is there any specific reason for all that?A. They must - - I guess they wanted to talk to me four times and took statements each time. Q. Any reason why all four statements are completely different? A. (Pause.) Q. Well, let's go through it. We will see. Mr. Herzog says this is a taped statement, the time being 1847 hours, the date being 1-5-90. We are on the third floor of Warren County Courthouse. I am Trooper John Herzog, III, of the Pennsylvania State Police. Also in the room is Michael Reuben Brown. Michael, would you please give me your date of birth? What do you say? A. 6-1-71. Q. And Mr. Herzog says also present is Michael's attorney, John Aranyos. At this time I would like to advise you of your constitutional rights. My name is Trooper John Herzog III of the Pennsylvania State Police. I wish to advise you you have the absolute right to remain silent that anything you say can and will be used against you in a court of law. Michael, you are represented by counsel. Do you
120 understand your constitutional rights? You say what?A. Yes. Q. With those constitutional rights in mind, do you wish at this time to make a statement? A. Yeah. Q. Michael, would you please sign a waiver of rights where the 'X’ is and have your attorney sign as your witness. ARANYOS: Mike, at this time, as a matter of record, I discussed with the New York State authorities the possibility of any charges being filed by them as a result of anything you may say tonight or any other statement you might give to the authorities and myself, and I am here to assure you at this time if you cooperate 110 percent and be truthful in your statement then the New York State authorities will not file any charges against you in relationship to this crime. Do you understand that? A. Yes. Q. He is telling you there New York State is not going to prosecute you, right? A. Yeah. Q. Okay. Specifically the crime leading to the kidnapping rape and/or homicide of Kathy Wilson. That's your attorney saying that, and Mr. Herzog says that's correct, okay. And Mr. Herzog says, all right, Michael let's, as we have done every time, let's start at the beginning again, May
121 18, 1988. At what time on that day, or an approximate time, realizing full well we are dealing with almost two years as far as being specific as far as time goes, give me an idea the first time that you saw Kathy Wilson on that day. And you say what?A. 12:30. Q. Is that truth or a lie? A. It's a rough guess. Q. How rough is it? A. Probably a little off, probably earlier than that, I guess. Q. Probably earlier than that? A. I don't know. I just know it was right around the lunch hour. Q. Right around the lunch hour. Now, here is the first time that you're saying 12:30, afternoon, despite Mr. Buckley's alibi and despite your own time cards you're coming up with the idea that you kidnap her or were there in the afternoon around the lunch hour, right? A. Yeah. Q. And that doesn't have anything to do at all with the police telling you that hey, the time you gave us before, i.e., 4:30 to 6:30, doesn't check. You can't do it in that limited amount of time. You are not changing your story to the afternoon because of the police telling you that, are you?
122 A. No.Q. Mr. Herzog says, then that would be 12:30 p.m. where did you see Kathy Wilson? A. Chautauqua Mall. Q. That's a lie, right (marking)? A. Yeah. Q. Now, why did you say Chautauqua Mall? A. I don't know. Q. You say Chautauqua Mall because the police still believe Kathy Wilson is kidnapped from the Chautauqua Mall at this time? A. I really don't know. Q. Don't know. What difference does it make if it's Quality or Chautauqua Mall? A. I don't think anything. Q. But you don't have any explanation at all why you said Chautauqua Mall? A. No. Q. Chautauqua Mall, clear on one side of Jamestown, Falconer Quality clear on the other side of Jamestown; no explanation? A. No. Q. Mr. Herzog says when you first saw her where was she? A. She was by her van. When I got there Jay was just
123 on the side of the van. when I got there she was just coming out towards her van.Q. It's a lie, right? A. Yeah. Q. (Marking) why did you tell that lie? A. I don't know. Q. When you arrived Jay was already at the Chautauqua Mall? A. Yeah. Q. It's a lie, right? A. Yeah. Q. (Marking) how did Jay get there? A. Rode in the back of her van. Q. That's a lie, right? A. Yeah. Q. Jay meaning Jay Buckley? A. Yeah. Q. And Jay called you from? A. The Chautauqua Mall. Q. Lie, right (marking)? A. Yeah. Q. And asked you to do what? A. To come up there. Q. Lie, right? A. He called me and told me to come up to the Four
124 Coins, not up to the Mall.Q. I won't mark another one up. I don't want to beat a dead horse. Did he tell you why? A. No, he called me at work and told me to leave work and get up to the mall as soon as I could, and I told him I could not leave, and he told me to do it or I would regret it, so if I remember right, I believe I told Pete, my boss, I wasn't feeling right and he said he would have to see what he could do, and by that time I was gone. I just took off and run up to the Chautauqua Mall. Q. Truth or a lie? A. I do remember telling Pete Sirianno (spelled phonetically) that I was going to leave, but he just asked me if I was going to come back is all he said. Q. You say here I told Pete, my boss, I wasn't feeling right, and he said he would see what he could do, and by that time I was gone. I just took off and run up to the mall. You didn't have that conversation with Pete Sirianno, did you? A. I told him I was leaving. Q. He is going to testify you didn't even tell him that, but you certainly didn't tell him you weren't feeling right? A. I don't remember what excuse I gave him. Q. That's a lie though, right?
125 A. Right.Q. (Marking). Is there any reason why you dropped this lie in your next few statements? Your next few statements you don't say anything to Pete, you have somebody punching you out, and at trial you come back to this initial one. What is the reason you drop that later on? A. I don't know. Q. Don't know, okay. Mr. Herzog says, okay, so here again, general terms, you say you arrived there at approximately 12:30? A. Yeah. Q. That's a lie (marking). You didn't arrive there at all. When you arrived there you said Jay was standing outside Kathy’s van? A. Yeah. Q. That's a lie (marking)? A. Yeah. Q. You pulled in alongside of him? A. Yeah. Q. Then what happened? A. He opened up the door and told me to wait a few minutes, and then Kathy Wilson got into her van and grabbed her - - got into her van and then grabbed her out of it and threw her into my van. Q. That's all a lie, right? Other than it being a
126 lady. that's all a lie (marking)?A. No. Q. Well, did you pull your van up beside her van. Did Buckley grab her and throw her into your van? A. It all happened. It's not in that, you know, not at the Chautauqua Mall, obviously and not necessarily in that sequence but it did happen. Q. So you are saying at some point in time on the day of May 18th Buckley grabbed her out of her van and threw her into your van? A. Put her into the basement and then into the van. Q. Put her into the basement, oh, after he forced her to drive to your house, right? A. Yes. Q. It sure sounds like a lie here to me, Mr. Brown; don't you think? A. Some of it is. I am saying a lot of it happened, just not in that sequence necessarily. Q. (Marking). Mr. Herzog says okay, so you pulled in, Jay got into your van and you were waiting for Kathy Wilson. And you say what? A. He just opened up the door and said to hold on a minute. He didn't get in yet. Q. That's a lie, right? A. That didn't happen at the Mall, no.
127 Q. Did he open up the door and say hold on a minute?A. When he came back out of the Quality Market, he opened up the door and told me to pull around to the side. Q. He just opened up the side door and said to hold on a minute? When he came out of the Quality Market, after getting his cigarettes or whatever he was getting, he opened the side door to your van? A. Excuse me? Q. When he come out of the Quality Market, according to what you said Monday and Tuesday last week, when he come out of the Quality Market, did he open the side door of your van? A. Yeah, he stuck the beer - - he got a 12-pack of beer and stuck it in the van and pulled around to the side. Q. Through the side door? A. The passenger side door, yeah. Q. The passenger door, not the sliding side door, right? A. No. Q. That's what you are talking about here, You are talking sliding side door, aren't you? Opened up the side door and said hold on a minute. He didn't get in yet. A. Just says the side door. I guess that's probably what it means, is the sliding door, but it wasn't the sliding door, no.
128 Q. Is that a lie?A. Yep. Q. (Marking.) Okay, Mr. Herzog says, okay, all right, but he said then, did he tell you that he was waiting for the woman? A. Not that I can remember no. Q. When he saw her coming did he get in the van then or was he in the van? A. He got into her van when she was coming. Q. Is that true or a lie? A. He did get into her van, but I believe it was before - - it was before she came out of the Quality. Q. So he saw her coming is a lie? A. Yeah. Q. And the next question is, okay, where did he go in her van (marking)? A. Into the back. Q. Are you saying now that's true? He went into the back of her van at Quality, or he was in the front? A. I seen him get into the back when they pulled around to the side of the van - - or the side of the Quality Markets. He was sitting on the passenger side seat. Q. So here you are saying he didn't get in the back of the van. The van has front seats, passenger, driver, pair of back seats, right, or a back panel, right? Kathy Wilson’s
129 van, not yours?A. There is, yes. Q. Two sets of seats, the front driver, passenger? A. Excuse me, It says here where in the van - - where did he go in her van. Q. Yeah, and you say just into the back? A. Yeah. Q. That's what I am asking you. Is he in the front or in the back of her van? A. When he first got in, he got in through the front but got into the back. When I pulled around It looked like he was sitting in the back of the van. Q. This is at Quality you are talking about? A. Yes. Q. So when Kathy Wilson is driving to your house from Quality to be put in this basement, is Jay Buckley in the back seat or the front seat? A. After they had left he was sitting in the front seat. Q. So you are saying he comes up and gets in the front seat at Quality Market after she comes out or not? A. When they pulled past my van, I seen him in the passenger seat. I don't know exactly when he got up there. Q. But you saw him in the back? A. When be got in and stuff it looked like he was in
130 the back of the van.Q. Did you see him in the back of her van or not? A. It looked like it, yes. Q. Mr. Herzog then says, were you seated in your van in the driver's seat when she walked up to try to get into her van? A. Yes, she successfully made it in the van. Q. Herzog says there, were you parked exceptionally close to her van? A. I'd say it must have been six inches at least on the side. Q. It's a lie, right? A. Yeah. Q. (Marking.) Mr. Herzog says, okay, you were close to her, and you say what? A. Yeah. Q. And Mr. Herzog says in other words, when she opened her door she couldn't swing it all the way open? And you say what? A. No. Q. That's a lie, right (marking)? A. Yes. Q. How did she see - - did you see her get into the van? And he must mean - - how did she, and there is three dots, and did you see her get into the van?
131 A. Not - - I seen her when she came around. At this time I just assumed like, you know, he was going to rip off her purse. I knew something was happening then. I knew when I left work pretty much, but I didn't think nothing major. She just come down by the side of the van, you know, because I didn't pay much attention, but I seen her slide through into the van.Q. Is that true or a lie? A. Well, we weren't parked very close to her, that's false, but she did come out and came around her van and went to get in. Q. He was going to rip off her purse. That's what you say there. Is that what he was going to do? A. That's what I was under the assumption of, yeah. Q. Is that what you really - - that's the truth? A. That's what I thought all he was going to do, yeah. Q. What is all this about, a bank and bank bag and staking her out and watching her and wanting to rip heroff when she goes to the bank after she got this bank bag? That is all not true or what? A. That was all true and correct. Q. How come you say here he wants to rip off her purse? You don't say anything about a bank bag? A. No, I don't.
132 Q. How come?A. I don't know. Q. Mr. Herzog says, in other words, she was going in the van, she was not walking she was - - can you read that word? Mine has got a hole punched in it. MR. MASSA: (Indicating). BY MR. SMITH: Q. She was kind of sliding into the van. Thank you. What do you say? A. She wasn't sliding in her van. Q. What do you say? A. Pretty much, yeah. Q. That's a lie? A. Yeah. Q. (Marking). Mr. Herzog says, okay, did she get fully inside the van? What do you say? A. The door never shut. Q. That's a lie, right? A. Yeah. Q. (Marking). Mr. Herzog says, the door never shut. How did Jay abduct her or restrain her? What did he - - A. It says with a sawed-off 12-gauge. Q. You're saying that's the truth? A. Yeah. Q. He had the 12-gauge with him when he's inside the
133 van. right?A. Yeah. Q. And what did he do with this sawed-off 12-gauge? A. Just aimed it at her, I imagine. Q. You didn't see him do that, you imagined that? A. When they pulled past my van or my dad's van I did (sic) see it, but I imagine that's what he was doing. I mean all the way to my house he was aiming it at her. Q. You didn't think anybody else would - - weren't you - - this is broad daylight 12:30, quarter to 1:00, he has got a shotgun pointed at this lady, driving around Quality Market, a well-traveled area? A. It was sitting in his lap with a blanket over it. Q. You don't say that here, do you? A. Not as of yet, no. Q. Maybe you come up with that later, okay. Mr. Herzog, you didn't actually see him - - that probably should be you didn't actually see him? A. Well, I seen him in the back with it, you know, and she just sat there, you know, I didn't hear any conversation. Q. So what does that mean? That you see him or didn't see him. Aren't you kind of saying you didn't see him with it? A. No, I don't believe it says that.
134 Q. What does it say? You tell me. You said it.A. It says I seen him in the back with it, you know, and she just sat there, you know, I didn't hear any conversation. Q. Mr. Herzog then says what kind of packages did she have when she was getting into the van? Do you remember? What do you say? A. Into her van? Q. And he says yes. A. I don't even recall. As far as I can honestly remember, I don't remember nothing. I don't think she had nothing. Q. Is that true or a lie? A. That's true. I don't remember her having anything. Q. So when she come out of Quality she didn't have anything in her hands? A. I don't remember. Q. You don't remember seeing anything in her hands when she came out of Quality Market? A. No. Q. Not at all? A. No. Q. Didn't you testify Monday or Tuesday she had a shopping bag in her hand?
135 A. I don't believe so. I don't remember exactly what if anything, she had in her hands.Q. Do you know what this is, Michael? A transcript, transcript of court proceedings. You know the court reporter is typing up your Monday and Tuesday testimony? You know come Thursday I am going to go back over it with you? A. That's good. Q. But you are saying here and you are saying now you don't remember nothing in her hands when she is coming out? A. Yeah.
Q.
And that would mean that the purse and the bank bag are in the van while she is in Quality, right?
A. No.
Q. No?
A. Not necessarily, no.
Q. Mr. Herzog, okay, she is in the van and Jay has stuck the shotgun someplace and got her attention? You say what?
A. Uh-huh.
Q. Mr. Herzog, did Jay at that point in time walk her to your van? How did he get Kathy Wilson from her van to your van? You say what?
A. He come up through the console type deal, and my van was parked like right smack next to it, and the way we were parked my side door must have been right at her driver's
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Q. All a lie, right?
A. I didn't park next to her van or anything, no.
Q. Let's explore how many lies you've got now. One, it's not at Chautauqua Mall. Two, you didn't park next to her van. Three, he didn't come up through the console type deal, right? Four, my van was parked right smack to her; that's not right. Five, and this - - we were parked, let's see, my side door must have been right at her driver's side door, that's six, and just open the side door and threw her in the back, that's seven, and told me to take off, eight, that quick. Eight lies in that one little paragraph, isn't there?
A. Yeah.
Q. (Marking.) Mr. Herzog says, okay, she was not bound at that time?
A. Not at that time, no.
Q. Mr. Herzog says when you left Kathy Wilson's van sitting in the parking lot, did Jay ever return to that vehicle?
A. Jay was later on that night.
Q. Mr. Herzog says, okay, but not - - you say what?
A. I never seen the van again myself.
Q. Lie?
A. Yeah.
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A. I don't know.
Q. Don't know. Doesn't lessen your involvement or heighten your involvement in any way. The plea bargain is contingent upon you telling the truth. And here you are with a full fantasy story of what happened. How come?
A. I don't know.
Q. And you make this all up yourself, the police didn't help you at all?
A. No.
Q. Let's go to the next page. Mr. Herzog says, okay, give me the location of where the van was parked. What do you say?
A. It was on the theater side of the Chautauqua Mall. You know where the theater is, right?
Q. And Mr. Herzog says all right. Now you know where Quality is, and I guess we should clear this up for the the jury. There is a Quality at the Chautauqua Mall, too, isn't there?
A. Yeah.
Q. So we have got a Quality at the Chautauqua mall,
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| Statement of Jan. 5, 1990 (Part 1) |
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