Convicted murderer’s new trial bid rejected

WARREN -- A ruling by Trumbull County Common Pleas Judge Andrew D. Logan on Thursday squashed a bid by a convicted murderer to gain a new trial.

Logan ruled that Felix Brown's claim argues that new evidence in the case was "not well taken" and the judge overruled the defense motion for a new trial.

The now 64-year-old Brown was convicted in the February 1995 murder of his then girlfriend, 26-year-old Monica Brandon, in his Niles apartment while he was on parole for the fourth time. Brown had been released from prison just 22 days before he shot Brandon in the head.

Initially, Brown told Niles police investigators that Brandon was shot by an unknown person during a break-in. However, Brown later changed his story, claiming Brandon obtained the .380 double automatic handgun and during an argument between the two, the gun fired twice, hitting her in the head.

In a motion filed in December 2022, Brown claimed newly surfaced evidence, which included claims about omissions and alterations in the trial transcript and from two affidavits made by two jurors at his trial, would warrant him a new trial.

Logan was in disagreement of the findings, saying the issue of the transcript was not in the scope of Ohio criminal law rule, which requires motions for a new trial on account of newly discovered evidence to have been filed within 120 days of a guilty verdict. That is, unless it can be shown the defendant was unavoidably prevented from discovery.

Logan said the trial transcript issues were resolved more than 20 years ago during the course of the defendant's direct appeal.

Brown also claimed he was unaware of the jurors' affidavits obtained by a private investigator in late 2022.

In citing an Eleventh District Court of Appeals ruling, Logan cited "there is a material difference between being unaware of certain information and being unavoidably prevented from discovering that information."

Brown will continue to serve his 18-years-to-life sentence incarcerated at Grafton Correctional Institution. He will have a parole board hearing in February 2025.