IT ALL STARTED WITH AN ARGUMENT OVER A HAIRCUT
Hair is important to Zachary Robert Brown. It was in fact what he believes landed him in jail for 110 days without ever going to trial.
"They housed me with convicted felons," Brown said. He is out of jail now and finally may have his long-awaited day in court this month. But he is looking at two years to life in prison and laments that his lengthy incarceration precipitated the breakup of his engagement and long-distance relationship with an Italian woman.
Brown, 35, a well-spoken black man with dreadlocks and deep roots in Bahama Village, said it was the cutting off of his young daughter's hair by his former East European girlfriend that caused him to confront the 47-year-old mother and led to his eventual arrest.
This was followed by the suggestion that he cut off his own hair in order to improve his chances at getting justice in the courts. He said he believes, at least in the minds of a basically white law enforcement system, that he's a racial stereotype.
"My lawyers told me if I go to court as a black man with dreadlocks against a white woman with children, I would go to prison," he said. "After I heard that, I knew the Lord doesn't give you the power of fear. But after I prayed on Ash Wednesday, I just knew I had to cut my hair."
He suspects, however, his fondness for European white women, as well as his hair style, also may have triggered what he suggests is some form of institutionalized racism in local law enforcement. As an example, he said that one of his relatives, former Officer Kyles Murphy, "resigned from the Key West police force over racism."
Brown is argumentative and uncompromising. He's refused the state's offer to "plea out" and take a year of probation, anger-management and parenting classes. "But I already did 110 days in jail. I've already done everything they wanted without ever being convicted," he said.
He is also unhappy with a lot of his past legal representation. "My whole civil rights have been violated because I couldn't afford a really good attorney. I've been through six lawyers and they've all been public defenders."
BACKGROUND
Brown was born in Key West in 1962, left with his family four years later, returned in 1988, at the age of 26, and does have a history with the local legal system. One such celebrated case occurred when he first returned and involved him, his boom box and a violation of the city's noise ordinance.
"Judge Wayne Miller said I had to go to the library to listen to classical music for two hours every day," he said. "National magazines wrote about it as an example of unusual punishments."
More recently, he expects to be called as a material witness for the state in a case where he jumped in to protect a police officer that he said was under attack by a gang of white youths.
Brown's current troubles date back to April 12, 2000, when he went to the Truman Avenue residence of his erstwhile girlfriend after he said he learned from daycare that his daughter, who was almost three at the time, was upset that her mother "had cut her hair really short."
He said the problem was caused by his former girlfriend, but the official police position, which labeled the confrontation an "Incident Report," quoted the mother, who said Brown "kicked the door open, came into her house and chased her and her three kids into the bedroom."
A portion of the door was "peeled back," the report said. The victim also said Brown hit her, leaving a red mark. Brown denied all of that, stating he was the victim and she attacked him.
Both were labeled by Officers Fred Carter Sims and Sgt. Jim Benkoczy as "uncooperative" and Brown was advised to leave the scene after he received a trespass warning. The woman was told how to get a restraining order and Brown was advised on how to get a custody hearing for his daughter.
Although nothing was mentioned in the initial report, the woman's cordless telephone would became an issue in the arrest document. She said Brown grabbed the phone as she was dialing 911. He said he was dialing 911 and took it outside so he could talk to dispatch.
The next day, the woman came to the police station and saw Lt. Gary Armstrong "for a follow-up investigation." She had also obtained a temporary injunction for protection against domestic violence.
Armstrong, in his deposition, said he only knew the victim because his daughter and hers played together. Brown had a different opinion about the acquaintance. But Armstrong did fill out an arrest warrant, he said, for any officer involved in the investigation or the subsequent arrest.
Brown said he was under the impression that after he left the scene at Benkoczy's request, the issue was over. That's why he said he was surprised when Officer Eric Biskup arrested him early on April 14, on a domestic battery charge.
Once he was picked up, things apparently went from bad to worse. "I was in jail for five or six days before I could make bail," he said. Then he blames his court-appointed lawyer for causing him to miss his court date.
"They revoked my bail for failure to appear on a docket-sounding and I lost my (right to a) speedy trial because they charged me with two felonies - burglary, for entering the residence, and tampering with witnesses, for taking her cell phone," he said.
Brown said his attorney vowed to put a motion before the judge for a new hearing and for him to keep a low profile. "But two days before the hearing, the bail bondsman re-arrested me and (new) bail was set at $10,000."
Then came an assortment of delays, he said. Even the judge apparently was getting tired of seeing Brown's case go through the endless continuances. "Judge (Richard) Payne told my attorney unequivocally, this is going to be the last delay," he said.
Brown said he couldn't afford the higher bail, so he stayed in jail...and stayed in jail...for almost four months, before getting out on pretrial release. "I had to check in with pretrial twice a week for almost a year," Brown said.
Meanwhile, the parttime bartender and scooter-rental agent's days in jail and loss of income put him in dutch in family court for child support payments. "All of this should be in family court anyway," he said.
Today, (Jan. 31) he had a deposition in front of Judge Miller. In February, Brown will be 40, and busy. On Feb. 7, he will be back in front of family court and Judge Sandra Taylor. And on Feb. 11, his trial date for domestic battery in Miller's court is slated to begin.
A month after the April 2000 incident, the alleged victim had written to Judge Susan Vernon asking to "drop all charges involving my child's father." She said she wanted to "close the case entirely...break all ties with this man and allow him to live his own life."
But the state would not drop the charges. And now Brown is worried. That one incident with his ex-girlfriend two years ago could put him in jail for a long time. He said all he wants now is to pay his child support and have visitation with his daughter, "but these court dates are jeopardizing my job and my ability to earn money," he added.