Appeal reinstated for convicted killer Brown

ELYRIA — Convicted killer Donna Brown’s appeal has been reinstated by the 9th District Court of Appeals.

Donna Brown in court at the Lorain County Justice Center in April. CHRONICLE FILE

The appeals court threw out the appeal in September when it ruled that her lawyer had failed to file paperwork explaining why the court should hear the case.

But according to a court filing by attorneys John Mizanin Jr. and Harvey Bruner, they never received the court order telling them to file the explanation.

Brown was sentenced to 60 years to life in prison in May as part of a deal with prosecutors that spared her a possible death sentence after a jury found her guilty of aggravated murder and other charges for fatally shooting two of her cousins July 5, 2012.

Prosecutors had said that the appeal could jeopardize that plea agreement because Brown gave up most of her appeal rights when she signed the plea agreement.

The only issues Brown was allowed to appeal on were an ineffective defense and prosecutorial misconduct, which the law doesn’t permit her to waive.

In a separate court filing, her lawyers wrote that the appeal would focus on the defense presented by trial lawyer Jack Bradley.

Prosecutors argued that Brown was armed with a gun and wearing rubber cleaning gloves when she entered the Lorain home of Dale Linder Jr. and Justin Linder.

She first encountered Dale Linder Jr., whom she shot when he charged at her. She then went out the front door and shot Justin Linder after he stopped running from her.

Brown argued that she killed both men in self defense and that Justin Linder had pointed a gun at her. No weapon was recovered near Justin Linder’s body, and no other witnesses said they saw him with a gun.

Brown’s attorneys did not return a call seeking comment Thursday.

The post Appeal reinstated for convicted killer Brown appeared first on Chronicle-Telegram.