The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 – AssistantPublic Defender
Attorney, Collateral Appeals: Carol Rodriguez & PeterCannon – 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 inthe early morning hours of 03/19/86. Upon investigating the source of theshots, they found 17-year-old Pauline Cowell, Gail’s sister, dead in theFlorida room of their home. Tammy Bird, a friend of Cowell’s, had beenshot as well, but she survived. The padlock, which secured the room fromthe outside, was missing and the door was discovered open.
Authorities identified Brown as a possible suspect and begansearching for him. Sheriff’s deputies found Brown in the trailer parkwhere his brother lived, hiding behind a shed. A handgun was found inBrown’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 themurder and Cowell had only recently moved from her mother’s to her sister’shome. Upon questioning, Brown indicated that he broke into the Barlowresidence to confront Cowell about some lies she was telling. He statedthat did not plot to kill Cowell, but planned on shooting her if she began toscream.
Additional Information:
Brown was previously charged and convicted of armed robberyand attempted murder (Circuit Court Case #86-4083) for the events that tookplace on 03/19/86. On 10/06/86, Brown was sentenced to 30 years on eachcount.
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-DegreeMurder
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 deathpenalty.
03/02/87 The defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Armed Burglary– Life
Count III: Attempted First-DegreeMurder – 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 ofCertiorari
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 HabeasCorpus
FSC #SC01-884
800 So. 2d 223
04/25/01 Petition filed.
11/01/01 Petition denied.
United States District Court, Middle District – Petitionfor 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/Kingcases.
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 (mentalretardation) 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 ofthe Sentence:
Brown’s Direct Appeal took over three years toresolve. In addition, Brown’s first 3.850 Motion was pending for fiveyears. During that period, there were three amended motions filed, andthe court granted Brown’s motion to disqualify the Hillsborough County StateAttorney’s Office because his former defense counsel was given a position thereas an Assistant State Attorney. His first 3.850 Appeal also lasted forthree years. Brown’s second 3.850 was pending for nearly fouryears.
Case Information:
Brown filed his Direct Appeal in the Florida Supreme Courton 05/04/87. Brown contended that the arresting detective did not readhim his Miranda rights, and as such, his confessions should have beeninadmissible in court. Brown also argued that the court erred in refusingto excuse a prospective juror for cause. In reference to the sentencingphase, Brown raised several points of contention; however, the Florida SupremeCourt found those claims to be without merit and summarily denied themall. The Florida Supreme Court affirmed the convictions and sentence ofdeath on 03/22/90 and the mandate was issued on 07/16/90.
On 09/10/90, Brown filed a Petition for Writ of Certiorariin 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 theCircuit Court. Over the next four years, three amended motions were filedon 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 on03/09/00, that court affirmed the denial of the 3.850 Motion.
Brown filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 04/25/01. The petition was denied on 11/01/01.
Brown filed another Petition for Writ of Habeas Corpus inthe United States District Court on 12/13/01. The petition wasadministratively closed on 07/22/02 pending the final decisions in theBottoson/King cases. Brown filed a Motion to Re-Open the Petition on12/31/02, which was denied on 07/28/03 and Brown was directed to raise Atkinsclaims (mental retardation) at the state level. Brown filed a motion tore-open and amend this petition on 07/26/07. On 10/10/07, an amendedpetition was filed. The petition was denied on 11/25/09.
On 09/25/01, Brown filed another 3.850 Motion and amendedthe motion on 08/15/02. On 06/27/03, an Evidentiary Hearingwas held. On 04/26/05, the CC denied the 3.850 Motion.
On 06/08/05, Brown filed a 3.203 Appeal with the FloridaSupreme Court, and on 04/12/07, the FSC affirmed the denial of the motion. TheFlorida Supreme Court issued a mandate on 06/26/07.
On 11/20/07, Brown filed another 3.850 Motion with thecircuit court and amended the motion on 01/11/08. The motion was denied on04/29/08.
On 05/19/08, Brown filed a 3.850 Appeal with the FloridaSupreme 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 UnitedStates Court of Appeals, Eleventh Circuit. On 05/28/10, the Certificate ofAppealability (COA) was denied by the USCA.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
12/23/97 0 DISORDERLYCONDUCT RECEPTIONCTR.
06/20/00 180 UNARMEDASSAULT UNION C. I.
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11/22/01 – ew
12/11/01 – approved – ws
06/17/10 – updated – kkr