Judge grants new trial to Patricia Brown

Hear from Brown's family tonight at 11PM

Patricia Brown gets retrial

INDIO, Calif. - Judge grants new trial for the woman previously convicted in the death of her two-year-old stepson.

Riverside County Superior Court Judge John G. Evans ruled that the evidence presented at trial was insufficient for a conviction against Patricia Brown.

"The weight of the evidence supports the conclusion that Deetrick was not a normal, healthy child long before he came into the care of the browns," Judge Evans said.

"I'm overjoyed. I'm extremely happy because everything the judge said is what we've been saying all along," said Paula Cooper-Pearl, Patricia's sister. 

Patricia Brown was convicted in August 2016 of second-degree murder in the death of her 2-year-old stepson.

Brown and her husband, Derrick, were first charged with murder in 2003, but a judge who presided over a preliminary hearing that October ruled there wasn't enough evidence to proceed to trial.

A decade later, the Riverside County District Attorney's office and the Sheriff's department re-examined the case and submitted new evidence that resulted in the refiling of charges against the Browns. They were re-arrested on Jan. 16, 2013 -- 10 years to the day after the boy's death.

Derrick Brown was acquitted after a judge ruled there was a lack of evidence. 

Prosecutors alleged that Patricia Brown beat the child during the eight months he was in her care causing injuries that manifested themselves with a series of seizures leading up to his death at Loma Linda Children's Hospital about two months shy of his third birthday.

Derrick Brown told KESQ & CBS Local 2 Deetrick suffered from medical problems that included seizures which doctors didn't prescribe medication for because Deetrick was being tested for other ailments. He said he believes these medical issues and previous abuse at the hands of his biological mother are the reasons Deetrick died.

Her defense team had been working to get a new trial arguing her previous defense team didn't adequately represent her.

While Patricia has been granted a new trial, the hearing will continue next week. There are still other issues to be decided, including whether she will be released from jail if the prosecution decides to go forward with that new trial.

The Riverside County District Attorney's office is waiting to comment until the hearing is complete which scheduled to continue next Friday.

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