The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.

BROWN, Paul Alfred (W/M)

DC #   019762

DOB:  02/26/50

Thirteenth Judicial Circuit, Hillsborough County, Case #86-4084

Sentencing Judge: The Honorable Guy W. Spicola

Trial Attorneys: Stephen C. Alldredge & Wayne A. Chalu – Assistant Public Defenders

Attorney, Direct Appeal: Douglas S. Connor – Assistant Public Defender

Attorney, Collateral Appeals: Carol Rodriguez & Peter Cannon – CCRC-M

Date of Offense:           03/19/86 

Date of Sentence:         03/02/87           

Circumstances of Offense:

Barry and Gail Barlow awoke to the sound of two gunshots in the early morning hours of 03/19/86.  Upon investigating the source of the shots, they found 17-year-old Pauline Cowell, Gail’s sister, dead in the Florida room of their home.  Tammy Bird, a friend of Cowell’s, had been shot as well, but she survived.  The padlock, which secured the room from the outside, was missing and the door was discovered open.

Authorities identified Brown as a possible suspect and began searching for him.  Sheriff’s deputies found Brown in the trailer park where his brother lived, hiding behind a shed.  A handgun was found in Brown’s pants, which matched the gun used in the shootings of Cowell and Bird.

Brown was living with Cowell’s mother at the time of the murder and Cowell had only recently moved from her mother’s to her sister’s home.  Upon questioning, Brown indicated that he broke into the Barlow residence to confront Cowell about some lies she was telling.  He stated that did not plot to kill Cowell, but planned on shooting her if she began to scream.

Additional Information:

Brown was previously charged and convicted of armed robbery and attempted murder (Circuit Court Case #86-4083) for the events that took place on 03/19/86.  On 10/06/86, Brown was sentenced to 30 years on each count.

Prior Incarceration History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Prison Sentence Length
06/30/1972	BURGUNOCCSTRUC/CV OR ATT.	07/21/1972	HILLSBOROUGH	5Y 0M 0D
10/01/1972	ESCAPE	10/02/1972	CHARLOTTE	1Y 0M 0D
08/25/1976	ESCAPE	05/14/1973	ALACHUA	2Y 6M 0D
06/30/1975	ESCAPE	07/17/1975	DESOTO	15Y 0M 0D
01/02/1978	ESCAPE	02/19/1980	DESOTO	3Y 0M 0D

Trial Summary:

03/20/86          Defendant arrested.

04/02/86          Defendant indicted on:

                                    Count I:            First-Degree Murder

                                    Count II:           Armed Burglary

                                    Count III:         Attempted First-Degree Murder

02/19/87          The jury found the defendant guilty on all counts.

02/19/87          Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty.

03/02/87          The defendant was sentenced as followed:

                                    Count I:            First-Degree Murder – Death

                                    Count II:           Armed Burglary – Life

                                    Count III:         Attempted First-Degree Murder – Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #70,483

565 So. 2d 304

05/04/87          Appeal filed.

03/22/90          FSC affirmed the convictions and sentence of death.

06/11/90          Rehearing denied.

07/16/90          Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #90-5716

498 U.S. 992

09/10/90          Petition filed.

11/26/90          Petition denied.

Circuit Court – 3.850 Motion

CC #86-4084

05/08/92          Pro se motion filed.

09/16/92          Amended motion filed.

11/25/92          Second amended motion filed.

07/08/96          Third amended motion filed.

04/09/97          Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #90,540

755 So. 2d 616

05/14/97          Appeal filed.

03/09/00          FSC affirmed the Circuit Court’s denial of the 3.850 Motion.

04/26/00          Rehearing denied.

05/26/00          Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC01-884

800 So. 2d 223

04/25/01          Petition filed.

11/01/01          Petition denied.

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC #01-2374

12/13/01          Petition filed.

07/22/02          Petition administratively closed pending the final decisions in the Bottoson/King cases.

12/31/02          Brown filed a Motion to Re-Open the Petition.

07/28/03          Motion to Re-Open denied as Brown was directed to raise Atkins issues (mental retardation) at the state level.

07/26/07          Motion to Re-Open and amend Petition.

10/10/07          Petition amended.

11/25/09          Petition denied.

Circuit Court – 3.850 Motion

CC #86-4084

09/25/01          Motion filed.

08/15/02          Motion amended.

06/27/03          Evidentiary Hearing held.

04/26/05          Motion denied. 

Florida Supreme Court – 3.203 Motion Appeal

FSC# 05-1018

959 So.2d 146

06/08/05          Appeal filed.

04/12/07          FSC affirmed denial of the motion.

06/26/07          Mandate issued.

Circuit Court – 3.850 Motion

CC #86-4084

11/20/07          Motion filed.

04/29/08          Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #08-939

14 So.3d 241

05/19/08          Appeal filed.

07/09/09          FSC affirmed denial of 3.850 motion.

United States Court of Appeals, Eleventh Circuit – Habeas Appeal

USCA #09-16435

01/04/10          Appeal filed.

05/28/10          COA denied.

Factors Contributing to the Delay in the Imposition of the Sentence:

Brown’s Direct Appeal took over three years to resolve.  In addition, Brown’s first 3.850 Motion was pending for five years.  During that period, there were three amended motions filed, and the court granted Brown’s motion to disqualify the Hillsborough County State Attorney’s Office because his former defense counsel was given a position there as an Assistant State Attorney.  His first 3.850 Appeal also lasted for three years.  Brown’s second 3.850 was pending for nearly four years. 

Case Information:

Brown filed his Direct Appeal in the Florida Supreme Court on 05/04/87.  Brown contended that the arresting detective did not read him his Miranda rights, and as such, his confessions should have been inadmissible in court.  Brown also argued that the court erred in refusing to excuse a prospective juror for cause.  In reference to the sentencing phase, Brown raised several points of contention; however, the Florida Supreme Court found those claims to be without merit and summarily denied them all.  The Florida Supreme Court affirmed the convictions and sentence of death on 03/22/90 and the mandate was issued on 07/16/90.

On 09/10/90, Brown filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/26/90.

On 05/08/92, Brown filed a pro se 3.850 Motion in the Circuit Court.  Over the next four years, three amended motions were filed on his behalf.  On 04/09/97, the Circuit Court denied all relief.  Brown appealed that decision to the Florida Supreme Court on 05/14/97, and on 03/09/00, that court affirmed the denial of the 3.850 Motion.

Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 04/25/01.  The petition was denied on 11/01/01.

Brown filed another Petition for Writ of Habeas Corpus in the United States District Court on 12/13/01.  The petition was administratively closed on 07/22/02 pending the final decisions in the Bottoson/King cases.  Brown filed a Motion to Re-Open the Petition on 12/31/02, which was denied on 07/28/03 and Brown was directed to raise Atkins claims (mental retardation) at the state level.  Brown filed a motion to re-open and amend this petition on 07/26/07.  On 10/10/07, an amended petition was filed. The petition was denied on 11/25/09.

On 09/25/01, Brown filed another 3.850 Motion and amended the motion on 08/15/02.    On 06/27/03, an Evidentiary Hearing was held.  On 04/26/05, the CC denied the 3.850 Motion.

On 06/08/05, Brown filed a 3.203 Appeal with the Florida Supreme Court, and on 04/12/07, the FSC affirmed the denial of the motion. The Florida Supreme Court issued a mandate on 06/26/07.

On 11/20/07, Brown filed another 3.850 Motion with the circuit court and amended the motion on 01/11/08. The motion was denied on 04/29/08.

On 05/19/08, Brown filed a 3.850 Appeal with the Florida Supreme Court, and on 07/09/09, the FSC affirmed the denial of the motion.

On 01/04/10, Brown filed a Habeas Appeal with the United States Court of Appeals, Eleventh Circuit. On 05/28/10, the Certificate of Appealability (COA) was denied by the USCA.

Institutional Adjustment:

 DATE          DAYS              VIOLATION                              LOCATION       

 --------           ----             ----------------------------                  ------------------- 

 12/23/97         0           DISORDERLY CONDUCT           RECEPTION CTR.

 06/20/00       180            UNARMED ASSAULT                    UNION C. I.      

________________________________________________________________________

11/22/01 – ew

12/11/01 – approved – ws

06/17/10 – updated – kkr