Fabion Brown Challenges State's Evidence Against Him
OKLAHOMA CITY - A murder defendant who's representing himself in court challenges the state's evidence against him and fails.
Fabion Brown is charged with first degree murder in the 2012 death of his estranged wife, Jessica McPherson Brown. Prosecutors argue Brown orchestrated a murder-for-hire plot, while Brown insists he has been framed.
Brown, 26, is acting as his own attorney and plans to represent himself at trial.
At the Oklahoma County Jail, where Brown is being held, policy prohibits media interviews with inmates. As a result, the only opportunity for reporters to inquire about the case and about his efforts at self-representation is as he's being escorted to and from the courtroom.
Just prior to the start of today's hearing, we asked Mr. Brown how he felt his lawyering was going.
"I think [it's] going pretty well, but we will find out about how everything really is today," Brown replied.
Brown had a handful of motions to present to the court.
In the first, Brown asked Judge Ray Elliott to repeal the case due to insufficient evidence. He claimed the probable cause affidavit contained false information and untruthful statements from his co- defendants.
Next, Brown called his mother to testify, hoping to convince the judge to suppress evidence from an arrest related to the violation of a victim's protection order before his estranged wife was murdered.
He also asked the judge to throw out evidence collected at the victim's home. He claims police did not have his consent, as next of kin, to search the home.
Prosecutors argued Brown gave up those rights when he moved out of the home months before the murder.
Brown also filed a motion for an evidentiary hearing, but First Assistant District Attorney Scott Rowland argued, "This is an exercise in futility that I ask the court not to engage in."
Lastly, Brown called on the court to order psychological examinations, at the state's expense, for his co-defendants, Emily Matheson and hired hit man, Broderic Glover. Matheson and Glover both pleaded guilty in the murder plot and received lesser sentences in exchange for their testify against Brown.
Brown also reminded the court that he doesn't have a law degree, by pointing out that he has access to only a minimal law library and said that although he does have a computer, he has no internet access.
Judge Elliott denied all five motions.
As Brown left the courtroom, we asked if there was a point at which he would give up.
"No, ma'am, there is not," Brown answered.