New murder trial request denied

St. Joseph County Circuit Court Judge Paul Stutesman has denied a request for a new murder trial for Andy J. Brown.
Brown, 38, was convicted in July 2014 for the October 2013 murder of Sturgis resident David Locey. Brown was eventually sentenced to between 37 1/2 and 75 years in prison.
Brown’s defense counsel of Anastase Markou and John Minock filed a motion based on juror misconduct and ineffective counsel.
Two jurors took the stand in Stutesman’s courtroom Monday and said they had issues with the jury foreman during deliberation. Each said the foreman had made comments about the Locey family and what they meant to the community. The jurors also believed the foreman tried to intimidate the rest of the jury, in part by rolling her eyes and raising her voice, they said.
During cross-examination, St. Joseph County Assistant Prosecuting Attorney Josh Robare asked the jurors if they notified the court of their concern, and both jurors replied they did not.
Stutesman referred to voir dire during jury selection, citing that the juror in question had been honest about having familiarity with the Locey family.
In his final ruling, Stutesman said there was no evidence of juror misconduct. He also said the defense had not met their burden of proof for ineffective defense, as Brown had claimed.

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