Motion to Withdraw Guilty Pleas Undated

FILED AND ENTERED 91 JUL 8 P2:28

IN THE COURT OF COMMON PLEAS OF THE 37th JUDICIAL DISTRICT
OF PENNSYLVANIA
WARREN COUNTY BRANCH                       CRIMINAL   

     

CONMONWEALTH OF PENNSYLVANIA:
:
VS: No. 6 of 1991
MICHAEL R. BROWN:
:

AND NOW, comes the Defendant, Michael Reuben Brown, by his Attorney Thomas J. Bonavita, Public Defender of Warren County, and files this Motion to Withdraw Guilty Plea based upon the following:

1. On April 26, 1991, Michael Reuben Brown entered a guilty plea to the following charges:

    Accomplice of Unlawful Restraint
    Hindering Apprehension
    Indecent Assault

2. Said Michael Reuben Brown testified extensively at the trial of Jay William Buckley.

3. Mr. Brown was sentenced on June 28, 1991, to a term of seven (7) to fourteen (14) years at the Western Diagnostic and Classification Center at Pittsburgh based upon his plea of guilty at the above mentioned date.

4. Mr. Brown has since rejected his testimony given at trial and indicated he ws not present when the incident took place, namely the abduction, rape and murder of Cathy (sic) Wilson.

5. By recanting his testimony at the trial of Jay William Buckley Mr. Brown is recanting his direct involvement in the incident, he does not recant any portion of the testimony which accused Jay William Buckley as the perpetrator of the events.

6. Mr. Brown also alleges that he was advised by various police agencies that if he was an eye witness he would receive a lesser sentence and possibly would receive some reward money.

7. These factors indicate that there is manifest injustice in that his guilty plea when entered was not knowingly, intelligently or voluntarily entered.

WHEREFORE, it is respectfully requested that your Honorable Court allow Mr. Brown to withdraw his guilty plea or in the alternative to schedule a hearing to determine whether the Defendant was prejudiced to the point of manifest injustice.

Respectfully submitted,

___Thomas J. Bonavita___
Thomas J. Bonavita, Esq.
Public Defender