| Dec 14, 1989 | PLEA "NEGOTIATIONS" (Brown) | A |
APPARENTLY DOCKETED OCT 22, 1991 - NO TIME STAMP
December 14, 1989
John A. Aranyos, Esq.
RE: COM V. MICHAEL BROWN Dear Mr. Aranyos: Please let this letter serve as a follow up to the conversation between you and I and Trooper Herzog, yesterday (Wednesday, December 13, 1989) in the Attorneys' Room of the Warren County Court House. The Commonwealth considers Jay William Buckley as the principle actor and your client, Michael Brown, at the very least as an accessory who was an eyewitness to the events that transpired at the crime scene on Lindell Road. The Commonwealth desires to prosecute Jay William Buckley and convict him of the crimes of the kidnapping, rape, and murder of Kathy Wilson. As the matter currently exists, with your client's position that he was not present at the scene (etc.), the Commonwealth may not even be able to extradite Buckley.Presently, the Commonwealth can currently convict (and we will) the lesser of the two actors, Michael Brown, while Buckley goes free. In recognition of this, the Commonwealth will make a ONE TIME proposal. Mr. Brown would be permitted to eventually plead guilty to accessory to the crime of kidnapping based upon the following:A. Immediate and full cooperation starting with a detailed totally accurate statement with total accuracy. B. His unrestricted, ongoing cooperation including testimony in all proceedings against Buckley. C. His statements to the police must indicate his own total involvement. Even if his statement and/or further evidence were to lead to the conclusion that he was a direct participant in the rape and/or murder of the victim, he would be charged with nothing more than Accessory to Kidnapping.
NOTE: The Commonwealth emphasizes that even should events and/or evidence (including Brown's own statement) indicate that Brown's participation rose above the level of accessory, he would not be charged with anything other (sic) accessory to the crime of kidnapping.I urge you to contrast this accomodation with the alternative scenario: 1. Extradition proceedings withdrawn against Buckley, 2. Commonwealth proceeds only against your client, and 3. Seeks the death penalty. THIS PROPOSAL MUST BE ACCEPTED, WITHOUT RESERVATION, AS OUTLINED ABOVE BY YOUR CLIENT ON OR BEFORE 5:00 P.M. TUESDAY, DECEMBER 19, 1989, OR THE COMMONWEALTH WILL LIKELY BE FORCED TO WITHDRAW IT'S EXTRADITION WARRANT AGAINST JAY WILLIAM BUCKLEY AND PROCEED SOLELY AGAINST YOUR CLIENT FROM THIS POINT ON. I await your immediate response.
JAM:ta
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| Dec 19, 1989 | PLEA "NEGOTIATIONS" (Brown) | B |
NOT DOCKETED OR TIME STAMPED
Joseph A. Massa, Jr., Esquire
Re: Michael R. Brown
Dear Mr. Massa: Please be advised we are in receipt of your letters dated December 14, 1989 and December 18, 1989 in association with plea negotiations in the above captioned matter. In response to the aforementioned letters please be advised Mr. Brown agrees to cooperate with the Commonwealth in the prosecution of Jay William Buckley provided a plea negotiation is reached which is acceptable to our client and is reduced to writing. In association with the foregoing it is my understanding the cooperation of our client will include the following:1. A complete and truthful account of his involvement in association with the alleged crimes for which he is charged which will also include eyewitness testimony specifically related to the homicide charge of Cathy (sic) Wilson. 2. Mr. Brown will provide the complete extent of his knowledge and/or information surrounding the bank bag and/or the victim's shoes which could lead to their posible recovery. 3. Mr. Brown will waive his preliminary hearing.4. Mr. Brown will testify at all criminal proceedings against Mr. Buckley including the extradition hearings. 5. Mr. Brown will provide the statements and/or information requested as soon as possible following the reduction of plea negotiations to a written agreement.
Finally, it shall be expressly understood that the written agreement shall provide for the Commonwealth accepting a plea of guilty to the following crimes: 1. Felonious Restraints Sections 2902 (M-1). 2. Compounding Section 5108 (M-2). 3. Hindering Apprehension Section 5105 (F-3). Finally, it must be expressly understood in the form of either a written agreement and/or consent to the terms as set forth in this letter as evidenced by the undersigned Attorney for the Commonwealth that the foregoing constitutes the full, entire plea agreed upon. PROVIDED HOWEVER, should Mr. Brown fail to provide the information as set forth accordingly and/or testify at all proceedings the Commonwealth would not be bound by the terms of this agreement. In addition, based upon our prior understandings the Commonwealth agrees to stand silent at sentencing and/or it is expressley understood the Commonwealth will file no additional charges directly related or indirectly related to Mr. Brown's involvement in association with the rape, kidnapping and/or homicide of Cathy (sic) Wilson including but not limited to any perjury charges etc. Furthermore, it is understood Mr. Brown in order to facilitate the plea negotiations will not actually enter a plea to the three charges as agreed until such time as the prosecution of Jay William Buckley at the Court of Common Pleas level has been completed. PROVIDED HOWEVER, the Commonwealth as part of the terms of this agreement, should Mr. Brown cooperate in accordance with the terms herein must accept the agreement by execution of this letter which shall constitute the signed sealed and delivered agreement.Finally, although I believe we are in agreement in context, it must be understood no statement whatsoever will be made until such time as the plea negotiations have been reduced to writing and accepted by both the Commonwealth and the Defendant in accordance with the terms set forth herein.
JAA:erm
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| Dec 20, 1989 | AGREEMENT (Brown) | C |
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DOCKETED OCT 22, 1991 - TIME STAMP 91 OCT 22 A11:41
COMMONWEALTH V. MICHAEL REUBEN BROWN The above named defendant having discussed his Constitutional Rights with his Attorney hereby agrees to the following negotiated agreement. 1. The defendant agrees to fully cooperate with the Commonwealth in the prosecution of Jay William Buckley.
To provide, under oath,
a complete and truthful account(s)
to the Commonwealth, of his involvement in the crimes for which he is presently charged. His statement(s) will include, but not necessarily limited to, his eyewitness observations, and subsequent testimony, relating to the homicide of Kathy Wilson.
To provide information, to the full extent of his knowledge or belief, regarding physical evidence, including but not necessarily limited to, the bank bag Kathy Wilson used in making deposits for her employer on May 18, 1988, and the shoes she was wearing on that same date.
4.
1. Accomplice to Felonious restraint (18 PS 2902(1)(M-1)
Provided however, should the defendant fail to abide by the above terms and conditions,
This Agreement supercedes any prior discussions or correspondence and represents the full understanding between the parties.
Dated this __20th__ day of December 1989.
___________________(signed) (John Aranyos)
___________________(signed) (Joseph A. Massa Jr.)
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| Jan 15, 1991 | PLEA "NEGOTIATIONS" (Brown) | D |
NOT DOCKETED - TIME STAMPED 91 OCT 22 A11:41
January 15, 1991
John A. Aranyos, Esq.
RE: COMMONWEALTH V. MICHAEL REUBEN BROWN Dear Mr. Aranyos: My staff and I have carefully reviewed our investigative file in preparation for the trial of Jay William Buckley and I have, (sic) reached the conclusion that justice can only be met by revoking the agreement concerning Michael Reuben Brown which we reached in December of 1989 and by placing Mr. Brown on the April 1991 Criminal Trial Term on the original charges as being the principle actor in the crimes of Kidnapping, Rape and Murder of Kathy Wilson. In that regard the Commonwealth will pursue a conviction of First Degree Murder against Mr. Brown which, upon a verdict of guilty, will result in a mandatory life sentence being served by Mr. Brown.I have reached this conclusion reluctantly and only after a thorough and exhaustive review of the file which leads to the inescapable conclusion that Mr. Brown has not told the absolute truth on all matters relavent (sic) to the instant case, as is requisite by our agreement. His ongoing attitude 'we need him but he does not need us' is erroneous and has led him to continuously 'jerk us around' from one contact to the next.Please contact me immediately regarding your desires for pretrial motions in general, and discovery in particular.
JAM/sks
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| Feb 20, 1991 | PLEA "NEGOTIATIONS" (Brown) | E |
APPARENTLY DOCKETED OCT 22, 1991 - TIME STAMPED 91 OCT 22 A11:41
February 20, 1991
Thomas J. Bonavita, Esq.
RE: COMMONWEALTH V. MICHAEL REUBEN BROWN Dear Messrs Bonavita and McKeirnan: This confidential communication between the Commonwealth and you, as Michael Brown's counsel will memorialize the understanding we have reached. The Commonwealth has not revoked, rescinded or altered the agreement of December 1989, a copy of which you have. Please reaffirm with Michael Brown's signature that he understands his status is intact.
Per your specific request, the reduced charges are:
1. Accomplice to Felonious Restraint (2901(1)) M-1 The ongoing statutory maximum for these crimes is fourteen (14) years. Be advised, however, that Mr. Brown must fully cooperated with the Commonwealth regarding any unresoved issues of which he has knowledge. Failure to do so will result in full prosecution on the pending charges of Criminal Homicide, Accomplice to Rape, and Accomplice to Kidnapping which carries a statutory maximum sentence of life with a death penalty option.I await a written reply to this communication from your office by 4:00 P.M. on Friday, February 22, 1991.
JAM/ta
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| FEB 21, 1991 | PLEA "NEGOTIATIONS" (Brown) | F |
APPARENTLY DOCKETED OCT 22 1991 - TIME STAMPED 91 OCT 22 A11:41
Joseph A. Massa, Jr., Esquire
Re: Michael Reuben Brown
Dear Mr. Massa: This is to acknowledge receipt of your letter dated Frbruary 20, 1991 wherein our meeting of February 19, 1991 was memoralized. Specifically, your letter of February 20th reaffirms the plea negotiations of December, 1989 to wherein our client will enter a plea of guilty to the following:
Accomplice to Felonious Restraint (M-1) This is in exchange for truthful testimony and complete cooperation with the Commonwealth in the prosecution of Jay William Buckley.
I Michael Reuben Brown have reviewed the letter of the District Attorney reaffirming the agreement of December, 1989 and this letter and do hereby intend to comply with said agreement.
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