Delay dooms murder cases

22year wait to arrest suspect ‘unreasonable,’ judge says

BRIDGEPORT — Two suffering families packed a courtroom Wednesday hoping to see justice done for their relatives slain in two separate incidents in 1993.

Instead, they were horrified when a judge dismissed the murder charges against Howard Brown because Bridgeport police had waited more than 22 years to arrest him.

“Go straight to hell,” shouted a man in the back of the courtroom.

“Victims have no rights,” shouted awoman.

But Superior Court Judge Joan Alexander said her hands were tied. Although Bridgeport police admitted they knew Brown was in a New York prison on another murder case charge, they waited 22 years and 10 months to serve him with warrants in the Bridgeport cases.

By that time, the lead detective in the Bridgeport cases, John Kennedy, was dead and much of the case work had disappeared.

“Even though Bridgeport police knew of the defendant’s location, there were no attempts to serve the warrants,” the judge said. “It was an unreasonable and wholly unjustifiable delay and a continued prosecution is fundamentally unfair to the defendant.”

Bridgeport police officials did not immediately return emails and phone calls for comment.

“We are pleased with the court’s decision as to Mr. Brown’s cases. We believe the court appropriately

and correctly applied the law to the facts in these cases and reached the right result in dismissing both murder counts,” said Brown’s lawyer, Senior Assistant Public Defender Jared Millbrandt.

This is the second time a delay by Bridgeport police in serving a warrant in a murder case resulted in negative consequences.

Last November, Camillo Douglas, facing a murder charge in a 1997 slaying, was sentenced to an effective term of three years in prison because Bridgeport police waited 21 years to arrest him even though he was serving a prison term.

Howard Brown, 46, was accused of killing two people in Bridgeport in 1993 following unrelated disputes.

Stafford Angus had just ordered a sandwich at the Subway on downtown Main Street on the evening of Sept. 5, 1993, when another customer, a tall, lanky man in a hooded sweatshirt, accused Angus of cutting in front of him.

Police said the two men got into an argument and the thenunidentified man walked off.

A police officer was standing nearby.

The following day, Angus was having a meal with a friend in the Sugar and Spice Restaurant on Main Street when a hooded man walked in. Police said the man stood in front of Angus, pulled out a gun and shot Angus in the abdomen as horrified patrons ran for the door.

Police said witnesses identified the shooter as a man known on the street as “Malcolm.”

On Oct. 30, 1993, 18yearold Fernando Capella and some friends had been playing an arcadestyle video game in a small grocery store at the corner of Pequonnock Street and Calhoun Avenue. They went outside and ended up getting in an eggthrowing fight with some friends in a passing van, reports said.

An errant egg thrown by Capella hit a man identified as “Malcolm” as he was leaving the store.

Police said “Malcolm” pulled out a gun and shot Capella in the head and another man in the right wrist.

With the aid of the FBI, police said, they were later able to identify “Malcolm” as Brown. By that time, Brown was serving a 31yeartolife prison term in New York for seconddegree murder, seconddegree assault and weapons charges.

Brown was convicted of fatally shooting a man in Brooklyn, N.Y., in 1991, according to court papers. He was found guilty, although the key witness against him was fatally shot prior to trial.

“In school, we were taught that this country was founded on justice,” Angus’ sister, Marilyn Angus, told the judge, tears rolling down her face. “If this is true your honor, look into your heart, your soul and give us justice today.”

Capella’s sister, Maria Castro, pointed out that this was the 26th anniversary of her brother’s death.

“We beg the court to give justice for our family and Fernando,” she cried.

At one point during the hearing, Marilyn Angus urged Brown, who stood emotionless at the defense table, to explain why he had killed her brother.

“I just want to know why you did this so I can sleep at night,” she pleaded.

But Brown, on the advice of his lawyer, remained silent.

“I wish I could order him to, but I can’t,” the judge lamented. “I just hope, Mr. Brown, that you heard all this and listened and that you do something that makes a difference.”

The judge added that she hoped the victims got some consolation that Brown is not going free but will be returned to New York to continue serving his sentence there.