Darryl Lynn Brown

When I arrived at the house on the 24^th Penney’s ex-husband had left, we went to the lake, smoked a couple of joints and had sex, we then went to my mom and dad’s but they were not home. I vaguely remember getting into an argument about where she was to drop me off, and if /when she was going to make a decision with regards to getting back with her ex, but the last thing I recall was a truck driver telling us to get off the road - Penney was driving. Before I go any further I need to explain that I have had black-outs all my life and don’t always remember things. As a child I attended two different hospitals but they were unable to discover why this was happening. The next thing I remember was sitting on the side of the road with my back to the door; when I came to I was bent over the steering wheel and there was blood on the seat and dashboard, I had no idea where I was and my head (the back) was killing me. I felt as if I had been hit, I was scared and the only person I could think of who could help me was a friend in Oklahoma where I was picked-up; they were looking for a hitchhiker that had robbed and killed an elderly couple last seen heading for OK and even though the truck checked-out they still arrested me. On day three I was told Denton detectives would speak with me, later that day I was placed in the bronco/truck and driven back to Texas at gun point. I would like you to note that there were four people in the truck before any evidence was taken, and someone who was not on the force drove the truck to the police parking lot in Bristo OK. One detective dropped me and the other one off for booking while he took the truck to the pound, my clothing was taken and put into the trunk of his car then he picked up the other detective and drove home. My clothes were turned-in three days later after being in the trunk of the car for all of this time. I was wearing a sleeveless net shirt, shorts and no shoes, but they had a pair of size 10’s or 11’s, I am guessing they belonged to Penney's ex as I am a 6 ½ . No knife was found.

I was shipped from jail to jail and was unable to contact my friend as in order to make phone calls you need to be in one place for thirty days. When my mom and dad called to find out the date of the trial they were told that there was not going to be a trial that he was ‘copping out’ to a life sentence. My attorney never filed for a speedy trial saying it was better to wait; he had only worked on one previous murder trial that he lost and was unable to find my people, hospital records or anybody I requested that he speak with - except Bill who I had given the gun to that morning; he said Bill was an ex-con and if he was to use the information he could go to jail for a firearm. My character witness said Penney had lunch with him to discuss leaving me (this is not possible as he didn’t even know her and had never even been to the house. Attorney Tom Whitlock was lying). I was never offered a plea agreement and was made to sign a paper stating I would not appeal because if I did the agg would be thrown on and I would have to do a flat 20 v’s; I was informed I would be out in approximately eight years. As you can see, I went to trial with no help and no coaching from my attorney.

At Vore Dier the jury was told by the ADA that “we are not here to prove Mr Brown’s guilty, we know he is, he’s here to prove he is not”. She (Lee) also told them “we are not here to prove motive, only the fact that he killed her”. How can you prove degree without proving motive? The jury found me guilty.

As I was being led off at the end of the trial the judge said “son, do you mind if I give you some advice?” I said “I’m always open to advice Your Honor” he then said “you did right by having a jury trial and with the evidence presented I would have found you guilty also, but you screwed-up when you let the jury sentence you because they really don’t understand how the system works. Due to your age and the circumstances in this I wouldn’t have given you anywhere near that time”. I said “well it’s a little late for that now ain’t it”? “Well, if you’re in court again, and I hope you’re not, you will remember that”. One of the main things that got my attention was when he said “and with the evidence presented”. What were they hiding that the judge knew about? My hospital records?; witness statements I didn’t know about? And never getting a plea agreement - is that not standard practice?

Nobody looked into the wound on my head. My attorney never tried to get the case thrown out due to the evidence being contaminated and mis-handled; he did bring up the fact that the clothing was in the trunk of the car for three days but never followed it through. He didn’t even give a closing argument! I (not my attorney) asked about a lesser charge of 2^nd degree, as I felt I may have done it and not remembered due to my black-outs. All I do know is that I definitely did not wake-up that morning with a mind to kill anybody.

Penney had sex with both me and her ex on the morning of the 24^th July, that was not brought up at the trial and neither was the dope that was in her blood.

Penney’s ex sold and cooked meth in Dallas TX, he could have hired someone to do it; I don’t believe Penney was going back to him and his history was never looked into or brought up - like the time he tried to run me over etc.

There were no witnesses, no-one saw me do it, there was no weapon, no motive, no nothing to go on in any way. No blood was taken from me, I was never placed in a line-up, my head wound was never checked, and someone informs my people there was not going to be a trial and that I was never getting out. Something is clearly not right.

I have never hurt anyone in my life, I was never even in a fight at school, and never been in trouble with the law before, so why, all of a sudden would I kill someone?

I am telling you the truth and desperately need your help. If you feel you can offer me some legal advice, or help me in any way possible, I would greatly appreciate it. I am 44 years old and have spent over half my life sitting in prison for a crime I did not commit.

Thank you and may God Bless you.

Darryl Lynn Brown, #455872
TDCJ
Rt 2 Box 4400 Hughes Unit
Gatesville, TX 76597
U.S.A.