The 11th Circuit Court of Appeals overturned former U.S. Rep. Corrine Brown’s conviction May 6 for mail and wire fraud and ethics and tax offenses and ordered that a new trial be conducted.
A U.S. District Court jury in Jacksonville found Brown guilty May 2017 on charges related to a nonprofit operated by Brown purportedly to benefit poor children.
The government alleged that Brown instead used proceeds from the nonprofit for personal gain and that she filed false income tax returns.
After deliberations began, a juror expressed to the judge that the Holy Spirit told him that Brown was not guilty on all charges and the judge excused that juror.
“The juror also repeatedly assured the district judge that he was following the jury instructions and basing his decision on the evidence admitted at trial, and the district judge found him to be sincere and credible. But the district judge concluded that the juror’s statements about receiving divine guidance were categorically disqualifying. Because the record establishes a substantial possibility that the juror was rendering proper jury service, the district judge abused his discretion by dismissing the juror. The removal violated Brown’s right under the Sixth Amendment to a unanimous jury verdict. We vacate Brown’s convictions and sentence and remand for a new trial,” the appellate court wrote in its decision.
A date for a new trial has not been determined.
Brown, a Democrat who served Florida’s 5th Congressional District from 1993 to 2017, was sentenced to five years in prison, three years of post-incarceration supervision and ordered to pay $62,650 in restitution to the IRS and $452,515 in restitution to the government.
She reported to prison in January 2018. She was released in April 2020 when her attorney argued that she might contract COVID-19 in prison.