Former Pennsylvania State Trooper Asking Judge to Vacate Verdict in Fatal Crash
TIOGA COUNTY, PENNSYLVANIA (WENY) -- In May, a Pennsylvania State Trooper was found guilty in Tioga County Court of causing a crash that killed a Troy Area School District teacher. Now, his defense team is asking for that guilty verdict to be thrown out and given a new trial.
"The days and weeks following the verdict, we began to receive information that a number of the jurors provided false, untrue, and quite candidly deceitful information about their backgrounds. That type of conduct... would entitle a defendant to a new trial," said Peter Olszewski, the defense attorney for Michael Brown.
On February 11th, 2023 Trooper Michael Brown was off-duty and headed to work when he tried to pass a vehicle on double yellow lines on state Route 6 in the Sullivan Township in Tioga County. He hit an oncoming car, which killed the driver, 47-year-old Christine Woodward, a mother and beloved teacher with the Troy Area School District.
After a jury trial in May 2024, the jury found Brown guilty of homicide by vehicle in Woodward's death. Now, Brown's attorneys want that verdict overturned as they allege four of the jurors lied during the jury selection process.
"Every criminal defendant has the right to be tried by a jury of his or her peers. In fact, if you think about it, the jury is the only thing that stands in between the government and somebody who's charged with the crime," said Olszewski.
The defense alleges the jury foreman had an outstanding warrant for an arrest in Oregon, and a DUI conviction that wasn't disclosed.
"During the selection process, both in the questionnaire that he completed as well as in response to the judge's questions in open court, this juror never disclosed that he was the subject of an arrest warrant. More importantly, or just as importantly, there was a rather simple question on the juror questionnaire, which asks, 'Are you the parent of any children?' Under penalty of prosecution, this juror answered no," said Olszewski.
The defense alleges another juror answered falsely on the jury questionnaire because one question asks if you've ever been charged or arrested for a crime, and the juror answered no.
"The question does not ask 'Have you ever been convicted of a crime?' The question was, 'Have you ever been arrested and charged?' This particular juror was in fact, arrested for and charged by the Pennsylvania State Police with driving under the influence of alcohol or a controlled substance. Ultimately, he was prosecuted," said Olszewski.
Olszewski alleges a third juror answered 'no' to the questionnaire question that asked if they were a victim of a crime.
"This particular juror had been the victim of an assault, not once, but twice... Yet, this juror answered 'no' and denied that he was a victim of a crime. If jurors can't follow simple instructions while under oath about their qualifications, it stands to reason that they do not have the ability or the attitude to follow the court's instructions on anything," said Olszewski.
Finally, the defense alleges a fourth juror, who like the other jurors, was instructed not to communicate with anyone about the case, posted something on social media. Jurors aren't allowed to talk about the case unless it's in the jury room to deliberate, until the case is over.
"On Thursday evening, May 30th, the night before the jury went to deliberate, a particular juror posted on his Facebook a post that said 'The secret word of the day' and a big placard of Pee Wee [Herman] holding a sign that says 'guilty.' The optics of that by a juror who was still under oath, who was actively trying a criminal case, is outrageous," said Olszewski.
Brown's sentencing has indefinitely been postponed as an evidentiary hearing has been scheduled for August 9th.
Olszewski said Brown was on paid leave from the Pennsylvania State Police until he was formally charged and arrested. He said Brown has been and continues to be on unpaid leave.
When WENY reached out to the Pennsylvania Attorney General's Office, their response was that reserve comment for the appropriate venue.