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Brown appeal denied



Published: Wed, February 3, 2010 @ 12:01 a.m.

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Mark Aaron Brown

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ATTENTIVE JUDGES: Judges Mary DeGenaro, left, Gene Donofrio and Cheryl L. Waite of the 7th District Court of Appeals hear Atty. Rachel Troutman, back to camera, make a last-minute appeal Tuesday for a new trial for Mark Aaron Brown, who faces execution Thursday for the 1994 murders of a North Side convenience store owner and clerk.

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VICTIM’S SISTER: Terri Rasul, right, of Youngstown, a sister of slain shopkeeper Isam Salman, listens to legal arguments during a 7th District Court of Appeals hearing Tuesday on whether Mark Aaron Brown should get a new trial for the 1994 murder of her brother and Hayder Al-Turk, a clerk at the Midway Market on Elm Street. Other members of the victims’ families are at left. Brown’s execution is set for Thursday.

By PETER H. MILLIKEN

VINDICATOR STAFF WRITER

YOUNGSTOWN — Barring action by another court, the execution of convicted murderer Mark Aaron Brown can go forward as scheduled Thursday.

The 7th District Court of Appeals here has denied Brown’s request for a new trial.

The three-judge panel’s ruling was announced around 8 p.m. Tuesday after a hearing earlier in the day. The hearing was on Brown’s appeal of a decision out of Mahoning County Common Pleas Court also denying his request for another trial.

The appellate court’s decision was written by Judge Cheryl L. Waite, with Judges Gene Donofrio and Mary DeGenaro concurring.

The judges overruled all four assignments of error argued by the defense.

Even before the decision was announced, a sister of the convenience-store owner Brown was convicted of killing 16 years ago, and an assistant county prosecutor said they thought there should be no further delay in Brown’s execution.

“He walked in there, and he killed two innocent lives, and he should pay for that,” said Terri Rasul of Youngstown, sister of Isam Salman, the slain owner of Midway Market on Elm Street. “He has no remorse whatsoever,” she added.

“He walked into a store and gunned down two working men for absolutely no reason,” said Ralph Rivera, an assistant Mahoning County prosecutor, after Tuesday afternoon arguments before the 7th District Court of Appeals on whether Brown should get a new trial.

The opening remark to the three-judge panel by the public defender trying to keep Brown alive reflected her view that Brown is a victim of injustice, but she seemed resigned to his execution.

“Mark will be dead in two days despite the fact that two of the witnesses who testified against him in the trial have admitted that they lied when they testified at the time of trial,” Atty. Rachel Troutman, an assistant Ohio public defender, told the judges.

“The jury struggled with the verdict,” Troutman said, noting that it deliberated 15 hours before convicting him and 20 hours before recommending a death sentence for him.

After the jury convicted him early in 1996, Brown, now 37, was sentenced to death for killing Salman, 32, and to life in prison for killing a clerk, Hayder Al-Turk, 30, who was shot first. Both victims were shot in the head in the North Side store Jan. 28, 1994.

Judges Waite, Donofrio and DeGenaro heard arguments on Troutman’s request for a new trial based on what she said was newly discovered evidence.

The public defender had appealed the common pleas decision Judge Maureen A. Sweeney not to grant Brown a new trial. After a two-day hearing about two weeks ago, Judge Sweeney found two witnesses, Marcus Clark and Myzell Arrington, who recanted their trial testimony, not to be credible.

Rivera argued that the witnesses’ trial testimony was credible, but their recent recantations were not, so there was no newly discovered evidence that would warrant a new trial.

Judge DeGenaro said after the hearing that the appeals court would limit itself to deciding whether Brown should get a new trial. “We have no legal authority to stay this execution,” she said.

“I am confident that justice is going to be served,” Rasul said after the hearing, adding that she was sure the appeals court would uphold Judge Sweeney’s decision.

The Ohio Supreme Court refused Monday to delay Brown’s execution.

Brown has also asked a federal appeals court to delay his execution. The 6th U.S. Circuit Court of Appeals in Cincinnati received his request Tuesday to overturn the lower court’s ruling that his execution should not be halted.

Brown is asking for the delay while he challenges the state’s new lethal-injection procedure, which includes a never-before-tried backup method that injects drugs into a muscle instead of a vein. U.S. District Court Judge Gregory Frost refused Monday to delay the execution.

In 14 years of appeals, Brown’s case has gone three times to the U.S. Supreme Court, which has refused to review it each time, Rivera said.

MARK AARON BROWN A time line

An overview of the events leading up to the scheduled execution of Mark Aaron Brown.Jan. 13: Ohio Parole Board recommends against clemency for Brown. Gov. Ted Strickland later accepts the board’s recommendation.

Jan. 15: Ohio Public Defender’s Office has hearing before Judge Maureen A. Sweeney of Mahoning County Common Pleas Court on Brown’s request for a new trial based on new evidence.

Jan. 20: Judge Sweeney denies Brown’s request for a new trial.

Jan. 22: Ohio Public Defender’s Office appeals Judge Sweeney’s

ruling to the 7th District Court of Appeals.

Monday: Ohio Supreme Court refuses to delay Brown’s execution as does U.S. District Judge Gregory Frost.

Tuesday: 7th District Court of Appeals hears oral arguments on whether Brown should get a new trial. Brown also files appeal with the 6th U.S. Circuit Court of Appeals in Cincinnati to delay his execution.

Thursday: Brown is scheduled to die by lethal injection at the death house in Lucasville.

Source: Vindicator files, AP


Comments

1moringlory(14 comments)posted 4 years, 6 months ago

not even man enough to take responsibilty for what he did, low life scum, time for you to pay , quit taking up that jail cell

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2Lifes2Short(3875 comments)posted 4 years, 6 months ago

"Brown is asking for the delay while he challenges the state’s new lethal-injection procedure, which includes a never-before-tried backup method that injects drugs into a muscle instead of a vein."

The animal is just scared to die. Quit wasting time and meet your destiny. Should have thought about that before watching your movie, “Menace II Society” and trying to act out the part in real life, killing a innocent victim(s) in cold blood is nothing but the lowest form of life in society. He never gave the victim(s) a chance.

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3Fattkidd(45 comments)posted 4 years, 6 months ago

I used to live right across the street from this store when this murder happened. It was a tragic event. However, the owner of that store was also well known in the area for allegedly selling stolen/pawed/etc guns under the counter. They sold liquor to anyone, I mean anyone, who walked thru their door. They sold crack-pipes and other drug paraphanalia as well. I'm not saying I witnessed the gun sales firsthand, but others I knew in the neighborhood at the time said they knew people who did. Point is, these men dealt with and may have done business with the most undersireable elements in the area. They allegedly had no problem allegedly making money thru less than legal means. It was rumored at the time that this wasn't a random murder/robbery but in fact a hit as evidenced by the way they were shot/murdered. I hope this was not the case but it should be noted that if you mingle & are willing (allegedly) to do business with criminals & murderers, you have to expect & assume the danger as well. That said, I hope these men rest in peace.

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4Stan(9923 comments)posted 4 years, 6 months ago

"After the jury convicted him early in 1996, Brown, now 37, was sentenced to death for killing Isam Salman, 32, and to life in prison for killing a clerk, Hayder Al-Turk, 30, who was shot first. Both victims were shot in the head in the North Side store Jan. 28, 1994."

What we had on Jan. 28, 1994 was a cold calculated killing . Did the two in the store deserve to die ? Supporters of Mark Aaron Brown are digging up excuses why they did deserve to be killed . Where were you during the trial ?

Tomorrow is "THE DAY" for Mark . Governor Strickland can still step in and spare him . Other killers have been spared by governors in the past at the last minute . Will Strickland step in and spare Mark at the last minute ? I doubt it .

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5ohio(4 comments)posted 4 years, 6 months ago

fattkid are really that dumb you dont no the facts why would you post something like that on the boards if you dont know for sure that he did that kind of stuff why would you say that to make him look bad he has been dead for 16 years and this is how you respect him you can burn in hell with mark brown too

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6JIMANDERSON(13 comments)posted 4 years, 6 months ago

This guy should have gone down years ago.Finally some closure for the victims family.

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7YTOWN2010(2 comments)posted 4 years, 6 months ago

Fattkidd: Why would you disrepect the family and both victims like that? You admitted to never seeing with your own eyes and I grew up going to that store and if you went there you know that stuff isnt true. Your a sick person who needs help. Dont you think they wouldve found something of that sort in store or the Mark Brown wouldve used that against them? Instead your upset that your boy Mark Brown will be dead this time tomorrow. And wineywomen just like we as americans dont want to be judged by one americans mistkaes why are you judging all middle easterns. Your another worthless american. Thats upset that you probable make less then 20,000 a year. I will really hope the family doenst read this blog.

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8YTOWN2010(2 comments)posted 4 years, 6 months ago

One more thing but your probable too dumb to figure this out. Go read the case and let me know what Mark Browns motives were.

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9woolyd(579 comments)posted 4 years, 6 months ago

STAY UP CAINE!!!!!!! O-DOG was executed last month. Pernell told yall prison was no joke and you aint listen Caine. You grandparents had to kick you out for being a thug. CAINE, you shoulda went to Kansas with Stacey and Shareef instead of killng the local convenience store owners. Pernell told you to go with Ronnie and Anthony to live a good life in Atlanta but you was too damn dumb!!! Tomorrow you will "get ya cap peeled".

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10ericp(4 comments)posted 4 years, 6 months ago

Well, hopefully the rest of the street thugs out there can see what really happens to them when they use gun violence. We need to start killing more of them around here to set a good example that Y-town doesn't tolerate these types of actions.

This is not about killing people it's more of what can happen to you when you kill people. I way to maybe prevent this kind of crap from happening in the first place!

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11NunyaBiz(3 comments)posted 4 years, 6 months ago

YTOWN2010 thank u so much for saying that why should u judge all the middle easterns by one person and that stuff isnt tru bcuz they would have found something he was a husband a father a son a brother do u think he would do that to his family. we came here with no money we built ourselves from nothing did we stop u guys from making better of urself NO we didnt choose to go in the streets and sell drugs or go around killing peoiple u have choices here use ur education do something with ur life dont be mad bcuzz we made something from ourselves when we started with nothing everytime u guys see an arab doing good everyone jumps up and accuses them of being a drug dealer and paulb thank so much for that i dont no what happened to that persons comment but that just shows how dumb and uneducated these people are stop dropping out of school with ur unplanned pregnancies or ur drug dealing business and make something of ur self maybe u could get somewhere in life

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