At 16 Cyntoia Brown Killed A "Customer" Should she be Released from Prison?

[Elley Mae]

At the time of the crime, she was living in a Trinity Lane motel room with her boyfriend, who profited from Brown’s prostitution.

Cyntoia Brown, convicted of killing man who took her home for sex, must spend 51 years in prison

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Snip

Brown took a gun out of her purse and shot Allen, killing him.

Cyntoia Brown must serve 51 years before she's eligible for release, Tennessee Supreme Court says - CNN

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Authorities say Brown then took money out of Allen's wallet, took two of his guns then stolen his pickup truck and drove to a Walmart parking lot. She had someone else pick her up but was later arrested.

Cyntoia Brown has celebrity supporters, but she wasn't a victim in killing of Johnny Allen: prosecutors

Allen was found dead in a pool of blood in his bed. Authorities say he was face down and had his hands under his head, as though he was sleeping when he was shot in the back of the head, court documents show.

 

[Cryptic]

Looking at the crime in reverse might be interesting:

- A 16 year old male is indoctrinated into the gang'sta subculture at a young age. By 16, he is living with 43 year old excon named "Pit Dawg" who coerces him to serve as a drug runner, look out, and street drug vendor. The 16 year old sees a lot of violence while living with "Pit Dawg".

One day, as a reward, Pit Dawg arranges a prostitute for him. After sleeping with her, the male youth then kills while she sleeps and steals several of her possessions.... .

 

[lonetraveler]

"It's been 13 years since Cyntoia Brown was sentenced — at the age of 16 — to life in prison for the killing of a man who had picked her up for sex. But this week, thanks the power of celebrities on social media, the case rose to national attention again, and Brown's lawyer said she was "shocked" at the renewed interest."

More at the link from NBC Celebrities rally behind teen sentenced to life in prison


A violent sexual monster pimp named "Kut Throat" sells her to a 43-year-old sex pervert to use as he pleases for the night. She sees him reaching for something and so shoots him out of fear. She did steal the "customer's" money but was that premeditated? She had been living on the street with a guy named "Kut Throat" for heck's sake. All she knew was she had to keep Kut Throat happy and somehow had to survive day by day.

Cyntoia ran away as a teenager and hooked up with this monster of a beast.

Let's look at it from another side. Let's say Cyntoia was so tough that nothing scared her. Let's say she killed her john for the money. Killed him in cold blood.

She was 16, She was on the streets with a guy who was violent. Did she really need to be charged as an adult and sent to prison? Wouldn't the right thing to do, at the very least, is to retry her and send her to a psychiatric hospital until she is deemed not a danger anymore?

No way should she have been charged with first-degree murder. IMO. She should get a new trial.

One of my beliefs is if a human being becomes a violent danger to others that human should be locked away. The circumstances, no matter what they are, don't change the fact that this is a violent human being who kills when allowed to roam free and therefore should not be allowed to roam free. I'm not talking about Cyntoia here. I'm talking about someone like Ted Bundy. No matter what a person like Ted Bundy should never see the light of day. I get that and I support this belief first and foremost.

In Cyntoia's case she has not been given the treatment she needed to heal. Even if experts deem Cyntoia a danger to others she should be in a hospital and not in prison. IMO

Look, I get you have to look at cases without emotion and if the bare facts are Cyntoia Brown walked up and killed a man you can see where someone might say there is no excuse for her to take his life.

BUT, you have to look at surrounding circumstances and boy those circumstances are something else.

What do you think?

Tricia

This young girl was a victim of human trafficking and abused, used and sold as a piece of meat to abusers and raped repeated by her pimps customers. She needs to be released and should receive the help she needs. The pimp "Cut Throat" should take her place in the prison system.

 

[lonetraveler]

Who said the word client? I used "Customer" with quotations in the title because I am limited in how many characters I can use. Otherwise I would have typed a more descriptive title.

Other than "John" which also means toilet or a man's name or "trick" which I didn't feel was right either, the two other terms used, that I could find anyway, were "client" and "customer".

To me "client" did sound more formal and this situation was anything but formal.

So that is how I came to use the word "Customer".

It is difficult to name any of these "buyers" of this young girl. She was indeed a slave to this pimp. He is the one who should have been charged in this death. This entire case makes me sick.

 

[lonetraveler]

It is totally amazing with her being trafficked, held in slavery (MOP), beaten, choked into being sold to vile men that she could actually be charged with prostitution to begin with. WTH? I'm aware that the prostitution charges have been dropped but in my opinion that alone should be grounds for a new trial since she was portrayed as a prostitute murdering her "John".

 

[K_Z]

I understand the concerns many have put forth regarding her troubled upbringing, runaway circumstances, and eventual situation coming into contact with exploitation, abuse, and coerced prostitution. Sadly, that is not a unique set of circumstances. It's also not a legal excuse for killing someone who was not imminently trying to kill her, and then stealing money, guns, and a truck-- while claiming self defense.

Little to nothing about her actions around the murder sound like self defense to me. It sounds like opportunistic murder, or revenge. That doesn't mean I'm not sympathetic to her overall situation, but it strains credulity for her to claim self defense, IMO.

She would have been in a whole lot better position for clemency (or lower charges, or no charges) if she had not stolen the money, his 2 guns, and the truck. She shot him in the head at a moment when he was not trying to kill her-- when he was most likely drunk/ impaired, or asleep. She didn't flee the situation, desperately looking for someone to help her. She could have held him off at gunpoint as he slept while she escaped, if she was just trying to get away. She could have done so many things differently, but didn't.

She could have been charged with manslaughter or 2nd degree, or even successfully proved self defense, were it not for her actions killing him as he slept, and the subsequent theft of money, guns, and the truck, and having someone meet her and pick her up at the Walmart. She might not be cognitively very bright (at trial defense tried to claim she was mildly cognitively impaired from her gestation), and she might have been under some state of coercion, but she was/ is certainly bright enough, and old enough, to know right from wrong, and how to plan and sequence events during after the murder. She wasn't, IMO, so "brainwashed" or coerced that she didn't know right from wrong, murder from self defense.

She intended to kill JA when he was vulnerable/ not a direct threat, and then opportunistically steal from him-- for her own benefit, or to gain favor with Cut Throat. She wasn't just thinking about how to save her life in the moment. That's why she was convicted of first degree murder. There was enough premeditation for a first degree charge.

I can't excuse her actions during and after the murder because of her very troubled childhood and adolescence, and because Cut Throat and Allen were horrible and criminal human beings.

Certainly CB's age at the time of the murder should be taken into consideration, when a mandatory life sentence is at stake. I could agree with a 30 year sentence, with the possibility of parole after 20-25 years or so. But unfortunately, Tennessee law says differently.

A very sad, depressing set of circumstances all around. I feel very sorry for her life behind bars, but also don't think she should get a pardon or clemency when so many others with similar circumstances do not.

It will be interesting to see how the next 6th Circuit appeal is resolved, now that the TN Supreme Court has ruled. If her sentence is ruled unconstitutional, she would not receive a pardon. If I understand correctly, she would be re-sentenced, probably to somewhere around 30 years. Juvenile sentencing would not be an option.

 

[K_Z]

.

celebrities on social media should have ZERO influence on court rulings/judgements....that is the last thing we need...nonsense



.

Just wanted to bump this forward. I strongly agree with this-- celebrities and their opinions should have zero influence on legal cases (unless it's their own case!).

It's very troubling, IMO, the oversized emphasis and spotlight that is given to the "slacktivist"opinions of entertainers and sports figures-- as though they were some kind of knowledgeable authorities on these issues. SMH.

Slacktivism - Wikipedia

 

[human]

Just wanted to bump this forward. I strongly agree with this-- celebrities and their opinions should have zero influence on legal cases (unless it's their own case!).

It's very troubling, IMO, the oversized emphasis and spotlight that is given to the "slacktivist"opinions of entertainers and sports figures-- as though they were some kind of knowledgeable authorities on these issues. SMH.

Slacktivism - Wikipedia

Luckily some people have empathy for others.

Not everyone has affluenza such as the Couch boy killer

 

[lonetraveler]

I understand the concerns many have put forth regarding her troubled upbringing, runaway circumstances, and eventual situation coming into contact with exploitation, abuse, and coerced prostitution. Sadly, that is not a unique set of circumstances. It's also not a legal excuse for killing someone who was not imminently trying to kill her, and then stealing money, guns, and a truck-- while claiming self defense.

Little to nothing about her actions around the murder sound like self defense to me. It sounds like opportunistic murder, or revenge. That doesn't mean I'm not sympathetic to her overall situation, but it strains credulity for her to claim self defense, IMO.

She would have been in a whole lot better position for clemency (or lower charges, or no charges) if she had not stolen the money, his 2 guns, and the truck. She shot him in the head at a moment when he was not trying to kill her-- when he was most likely drunk/ impaired, or asleep. She didn't flee the situation, desperately looking for someone to help her. She could have held him off at gunpoint as he slept while she escaped, if she was just trying to get away. She could have done so many things differently, but didn't.

She could have been charged with manslaughter or 2nd degree, or even successfully proved self defense, were it not for her actions killing him as he slept, and the subsequent theft of money, guns, and the truck, and having someone meet her and pick her up at the Walmart. She might not be cognitively very bright (at trial defense tried to claim she was mildly cognitively impaired from her gestation), and she might have been under some state of coercion, but she was/ is certainly bright enough, and old enough, to know right from wrong, and how to plan and sequence events during after the murder. She wasn't, IMO, so "brainwashed" or coerced that she didn't know right from wrong, murder from self defense.

She intended to kill JA when he was vulnerable/ not a direct threat, and then opportunistically steal from him-- for her own benefit, or to gain favor with Cut Throat. She wasn't just thinking about how to save her life in the moment. That's why she was convicted of first degree murder. There was enough premeditation for a first degree charge.

I can't excuse her actions during and after the murder because of her very troubled childhood and adolescence, and because Cut Throat and Allen were horrible and criminal human beings.

Certainly CB's age at the time of the murder should be taken into consideration, when a mandatory life sentence is at stake. I could agree with a 30 year sentence, with the possibility of parole after 20-25 years or so. But unfortunately, Tennessee law says differently.

A very sad, depressing set of circumstances all around. I feel very sorry for her life behind bars, but also don't think she should get a pardon or clemency when so many others with similar circumstances do not.

It will be interesting to see how the next 6th Circuit appeal is resolved, now that the TN Supreme Court has ruled. If her sentence is ruled unconstitutional, she would not receive a pardon. If I understand correctly, she would be re-sentenced, probably to somewhere around 30 years. Juvenile sentencing would not be an option.

I totally respect that you have a right to your opinion.

 

[lonetraveler]

Just wanted to bump this forward. I strongly agree with this-- celebrities and their opinions should have zero influence on legal cases (unless it's their own case!).

It's very troubling, IMO, the oversized emphasis and spotlight that is given to the "slacktivist"opinions of entertainers and sports figures-- as though they were some kind of knowledgeable authorities on these issues. SMH.

Slacktivism - Wikipedia

I have my very own opinion and would never consider a celebrity's opinion at all.

 

[lonetraveler]

.

celebrities on social media should have ZERO influence on court rulings/judgements....that is the last thing we need...nonsense
.

I totally agree that celebrities should have absolutely no influence on criminal cases. That said, that's no excuse for the public not to scrutinize this case and dig into why state of mind and the PTSD this girl had to have suffered prior to this crime. She was sexually, psychologically and physically abuse and sold to this man who bought a sixteen year old sex slave so that he could also rape and abuse her. THAT, is what the public and the courts need to now consider.

 

[lonetraveler]

No. She had a trial. No "do overs", or we admit our system of justice is completely flawed.

If she gets another trial, it is a slippery slope to "everyone" gets another trial, because they didn't get the outcome they wanted.

No doubt, she was offered a plea, she decided not to take it. She wanted to get off. Roll the dice. Lost.

Our legal system is confusing, and filled with inconsistencies. It drives me insane, because nothing is ever "cookie cutter".

Pardon me but our legal system has shown many times that it is indeed flawed.

 

[mickey2942]

Pardon me but our legal system has shown many times that it is indeed flawed.

It is flawed, and it infuriates me. Two crimes, exactly the same, bicyclist gets killed by a driver, one person gets off, the other one goes to prison for 20 years. But, I digress...

In this case, we can cry a river that life was unfair to Cytonia, born poor, probably molested, been turning tricks for years. Used by a child molester.

A 16 year old girl who can kill a man in cold blood, steal his cash, and drive to her pimp, has little potential for rehabilitation. A lifetime of criminal thinking isn't going to be re-wired. This gal is unlikely to be a Lifetime Movie of the Week, graduate from college and go on to teach disabled children. That is a great fiction, but not likely to happen here.

If she is released from prison, do you think she will get a job doing dishes somewhere for minimum wage? Unlikely. She is used to cash, lots of it, wearing nice clothes. She will go back to her familiar environment and comfort zone employment. And that is the problem.

 

[JerseyGirl]

Court: Woman convicted of murder at 16 could be free after 51 years

The U.S. Supreme Court has ruled against life-without-parole sentences for juveniles, but Tennessee has argued successfully in lower courts that Brown does have a possibility for parole after 51 years.

Thursday's ruling goes to the federal appellate court for review.

 

[K_Z]

There is, IMO, a lot of blatantly incorrect information, racial and "social justice" propagandizing, and emotion-driven hyperbole being furthered by celebrities as they comment and engage in activism for CB.

Many of the pictures of CB published on social media activism posts are of a braided, pigtailed CB at her original trial, intentionally (IMO) costumed by her defense to make her appear much younger and more "vulnerable" and non-threatening than she actually was.

Reference the document below for her actions, and her own words about her actions surrounding the murder, her lifestyle, and her menacing/ violent behaviors. She attacked and threatened to shoot a nurse 3 times in the head during a medical evaluation, which was testified to in court by 2 workers who were witnesses. This behavior was over a denied phone call. (She was never found to be mentally ill.)

The trial was a *very* long time ago. I have to question why, "now", celebrities and entertainers are suddenly so acutely interested in this case.

IMO, CB is not a "trafficked" brain washed, innocent victim "unjustly" charged and incarcerated. She may have had a lot of difficulties in her life before she murdered JA, but she is not blameless for her own un-coerced actions.

Perhaps one could realistically argue that a 30 year sentence "might" have been more approriate than a 50 year sentence, given her age-- but a pardon is out of the question, IMO. She is guilty of the charges she is convicted of-- and had other charges dropped and amended that could have added to her sentence.

Of course she is a "different" person now at the age of 30, after nearly 15 years of incarceration. That is also not any justification to set aside her sentence, IMO. Plenty of incarcerated felons become model prisoners, get education, avoid trouble, embrace religion, etc. This helps them if/ when they are eligible for parole, but doesn't commute their sentences, or justify a pardon.

I think it's always good to reference original court documents. Below the 2008 appeal is linked-- 44 pages of a lot of detail.

She bounced back and forth between juvenile and adult several times during the early phase of her prosecution. They did consider her age, once authorities determined she was 16 (she persistently lied about her age), and the case was moved back to juvenile court-- then advanced back to adult court based on the severity of the murder charges, and her actions. This was not a rash, rushed, racially motivated prosecution, IMO.

44 page appeal from 2008:

State of Tennessee vs. Cyntoia Brown

 

[human]

And why does Couch who killed four get off?

 

[sloane7777]

And why does Couch who killed four get off?

because HIS behavior has been so stellar thru the trial....oh wait a sec, he must have shown such remorse ...eh well maybe not....yeah, I don't know, Anyone?

 

[human]

because HIS behavior has been so stellar thru the trial....oh wait a sec, he must have shown such remorse ...eh well maybe not....yeah, I don't know, Anyone?

I think the judge said something like that poor Ethan could not link his behavior to consequences because his parents taught him wealth has privileges?

And that poor Richards guy , heir to DuPont fortune could not go to prison for child molestation because he would not do well in prison.

Not to worry, Cyntoia will do fine in prison because she is not a duPont heir and her silly parents did not teach her that wealth has privilege.

 

[K_Z]

Several lengthy court documents with many details about the murder and events before and after, are available online, for those interested in digging in deeper to the actual details about the crimes and CB's history, beyond the media, celebrity, and social media comments and opinions.

There is so much blatantly incorrect information circulating about the details of the murder and CB's actions before and after, that it is *really* stunning.

She may have been a teenager, but the more actual court and trial documents I read, the less I can believe she was any kind of coerced or trafficked "victim." She was engaging in dangerous and violent behavior for a long time before she ran away and met "Cut Throat".

Her extreme behavioral problems, and her serious substance abuse, go back to at least age 13. She was confined for a long period of time in a residential facility for teens with serious behavior problems, and her adoptive mother was very involved with authorities and social services to get her the intensive behavioral care and supervision she needed as a young out-of-control teen before, during, and after that time.

By many official evaluations and reports, CB is quite intelligent, extremely manipulative and cunning, exhibits sociopathic traits, and has demonstrated (and admitted to) very impulsive and dangerous behaviors.

Note: Excerpts from actual court filings and documents are not subject to the "10% copy and paste" copyright rule.

https://www.gpo.gov/fdsys/pkg/USCOURTS-tnmd-3_15-cv-00712/pdf/USCOURTS-tnmd-3_15-cv-00712-0.pdf

Filed 10/28/16

The petitioner is an inmate at the Tennessee Prison for Women in Nashville. Through counsel, she brings this action pursuant to 28 U.S.C. § 2254 against Vicki Freeman, Warden of the facility, seeking a writ of habeas corpus.

It has also been asserted that counsel were ineffective for failing to present evidence of petitioner’s Fetal Alcohol Spectrum Disorder (FASD) and other mental shortcomings. Both attorneys for the defense realized that the petitioner was very intelligent. Docket Entry No. 14-28 at pg. 84; Docket Entry No. 14-30 at pg. 105. Nevertheless, a thorough review of her medical records indicated that she had behavioral problems. The defense obtained the services of an investigator. Docket Entry No. 14-28 at pg. 74. A forensic psychologist, Dr. Bernet, was retained to evaluate the possibility of a diminished capacity defense. Docket Entry No. 14-30 at pg. 106. Dr. Bernet had access to all of the previous evaluations of the petitioner’s mental health. He interviewed and tested the petitioner. While Dr. Bernet found that the petitioner had a personality disorder, he never suggested that she suffered from Fetal Alcohol Spectrum Disorder.4 Docket Entry No. 14-20 at pgs. 13-20.

In fact, that diagnosis was not made until August, 2012, six years after trial. Docket Entry No. 1 at pg. 8. A mental health expert did not diagnose the petitioner with FASD. An attorney in Tennessee is not required to question the diagnosis of a mental health expert. Docket Entry No. 14-35 at pg. 12.

A diminished capacity defense was considered and ultimately rejected because there were too many negatives about the petitioner that would have been revealed to the jury. Docket Entry No. 14- 30 at pg. 108.In light of these circumstances, the state courts did not violate federal law by finding that counsel had not been ineffective in this regard.

According to the evidence, the victim picked the petitioner up at a local drive through restaurant. He took her to his home, apparently intending to have sex with her. She spent a good deal of time stalling the victim. Finally, they laid down together. In a statement to the police, the petitioner denied having sex with the victim. She told them “I didn’t think the dude was gonna do somethin’, he seemed like a pretty nice guy.” Docket Entry No. 14-6 at pg. 26.

Nevertheless, the petitioner claims that she felt threatened by him and shot the victim as he laid in the bed with a pistol she had in her purse. The petitioner admitted to the police that the victim never had a gun in his hand. Id. at pg. 37.

She got up and dressed, before taking cash from the victim and some rifles he owned. The petitioner grabbed the victim’s keys to his truck and drove to a nearby Wal-Mart parking lot where she abandoned the truck. She got a ride from a stranger to a room at a motel that she was sharing with a male companion.

The petitioner admitted to shooting the victim. She told her mother in a telephone conversation that she had “executed” the victim. Docket Entry No. 14-15 at pg. 75. The petitioner told a nurse at the pre-trial confinement center that “I shot that man in the back of the head one time, , I’m gonna shoot you in the back of the head three times. I’d love to hear your blood splatter on the wall.” Docket Entry No. 14-12 at pg. 23. A fellow inmate testified “ ... she basically said she shot the man just to see how it felt to kill somebody.” Docket Entry No. 14-13 at pg. 26.

Filed March 11, 2014:

Cyntoia Brown court documents | Intelligence Quotient | Cross Examination

Filed July 22, 2008-- a particularly good read, and a wealth of information about CB and the crimes, including her background:

State of Tennessee vs. Cyntoia Brown

 

[Jennifer17]

It is flawed, and it infuriates me. Two crimes, exactly the same, bicyclist gets killed by a driver, one person gets off, the other one goes to prison for 20 years. But, I digress...

In this case, we can cry a river that life was unfair to Cytonia, born poor, probably molested, been turning tricks for years. Used by a child molester.

A 16 year old girl who can kill a man in cold blood, steal his cash, and drive to her pimp, has little potential for rehabilitation. A lifetime of criminal thinking isn't going to be re-wired. This gal is unlikely to be a Lifetime Movie of the Week, graduate from college and go on to teach disabled children. That is a great fiction, but not likely to happen here.

If she is released from prison, do you think she will get a job doing dishes somewhere for minimum wage? Unlikely. She is used to cash, lots of it, wearing nice clothes. She will go back to her familiar environment and comfort zone employment. And that is the problem.

You are wrong. She was a child. Given the right encouragement, she can make something of her life. As an example From child soldier to refugee lawyer: One man's inspiring journey from Sudan to Sydney