Held without trial

The murder case against Floyd Brown is shaky, and his 14-year detention in a mental hospital without trial is a travesty

There are enough substantial questions about the murder case against Floyd Brown that a favorable habeas corpus ruling -- to deliver him from an unconscionably long stint in Dorothea Dix mental hospital -- is justified. Beyond that, the state ought to look into the actions of Anson County authorities who charged Brown with a crime, and had him held for 14 years, with little hard evidence to go by.

Defendants often deny their guilt, and it's possible that Brown did in fact kill 80-year-old Katherine Lynch in July, 1993. Granting him habeas corpus from Dorothea Dix, the state's main holding facility for mentally deficient defendants, won't necessarily save him from a murder trial. The courts still might decide that a credible case exists. But reporting by the Charlotte Observer raises disturbing questions about how the case has been handled.

An Observer story about Brown, 43, was carried on The N&O's front page Thursday. He is said to be mentally retarded, with an IQ of 50. His disability dates to childhood.

There appears to be reason to doubt his involvement in the murder. Anson County sheriff's detectives had no eyewitnesses and no physical evidence tying Brown to the killing. They heard a description of a possible suspect: 150 pounds with a mustache. Brown weighs 120, and his family says that he never had a mustache.

He was picked up anyway. According to the Observer, an agent of the State Bureau of Investigation questioned him for hours, and left with what the agent said was a verbatim confession. The confession is said to include a number of detailed references to the time of day and the order of various acts which doctors say Brown is incapable of giving (he can't tell time, for instance).

Still, he was charged, and sent to Dorothea Dix in Raleigh, where he has been held ever since. The police meanwhile have lost evidence that may point to others. New evidence suggests that Lynch died hours earlier than police say Brown killed her.

The shifting, or missing, evidence doesn't seem to have fazed Anson County District Attorney Michael Parker. This appears to be another instance where prosecutors have been closed-minded toward evidence that runs counter to their theory of the case. The habeas corpus request for Brown was filed in Durham County, where a hearing has been scheduled on Oct. 8 before Superior Court Judge Orlando Hudson.

Floyd Brown should be freed pending further investigation into the killing. Then, state Attorney General Roy Cooper ought to examine why police and prosecutors kept him out of court for so long.