Home News Local news Browne, Melendez Trial Starts With Alibi, Video Evidence

Browne, Melendez Trial Starts With Alibi, Video Evidence

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Defendants Jeffrey Browne (top to bottom), Luis Melendez and Marcella Browne.The murder trial of Luis Melendez and police officer Jeffrey Browne opened Tuesday in V.I. Superior Court on St. Croix, with prosecutors saying witnesses identified the perpetrators, video evidence contradicts their alibi and a shotgun shell was found in Browne’s car, while the defense sought to create doubt about the video and other evidence.

Browne and Melendez have been charged with multiple counts of murder, attempted murder and other charges stemming from a Christmas 2007 shooting spree in the JFK housing community that killed two and wounded four others. Browne’s wife, Marcella Browne, who is Melendez’s sister, is charged with being an accessory after the fact for allegedly giving false information to police investigators.

Special Assistant Attorney General Alphonso Andrews is prosecuting the case, Browne is represented by Andrew Capdeville, Bruce Bennett represents Melendez and Vincent Colianni Jr. is Marcella Browne’s attorney.

Putting V.I. Police Department homicide detective Richard Mathews on the stand, Andrews asked about Marcella’s sworn affidavit. While witnesses said they saw Browne and Melendez at the scene of the crime in a silver or gray vehicle, she said she had been driving Browne’s vehicle, a silver Hyundai Brio, that day and had parked it in Harbor View Condominiums, where police found it, after having engine trouble.

"Did she say where Jeffrey Browne was at the time?" Andrews asked.

"Yes, she said he was at home sleeping," Mathews said.

A security guard at Divi Carina Bay Resort and Casino said he saw Browne and Melendez enter the casino at 10:35 p.m. on Dec. 24 and leave at 12:39 a.m. Dec. 25. With Andrews showing surveillance video, the guard then identified both Melendez and Browne entering the casino, inside the casino and leaving the casino.

"I know Jeffrey Browne because he came to the casino regularly," the guard said, clarifying that he knew Browne only from surveillance video. "We were supposed to be able to recognize regular customers who spend more than a hundred dollars when they come," the guard said.

Capdeville questioned how the guard could be certain the time stamp on the video was accurate, and was told that the guards regularly checked the time of the video clock with other clocks and it was never off by more than a few seconds. Capdeville pressed the guard on whether there was any record or proof the video clock was synchronized that day and was told the guards didn’t record the action, they just looked at their watch or a clock.

Later, when Mathews also identified Browne and Melendez on the same video, defense attorneys questioned how he could be certain with a fuzzy black-and-white video.

""Can you tell in this video if the gentleman you say is Mr. Browne is wearing glasses?" Capdeville asked.

"I can’t tell, no," Mathews said.

"How can you tell it is him then?" Capdeville pressed.

"It is his build, his features, his face, mannerisms, his way of moving," Mathews said.

Capdeville also questioned Mathews about the chain of custody leading up to a shotgun shell being found in Browne’s vehicle on Dec. 27, two days after police found the vehicle. Mathews testified the car was locked, so on Dec. 26 he asked Browne for the key, but it was near the end of the day, so he turned the key over the following morning and then the vehicle was searched and the shell found.

"When you took the keys, did you put them in an envelope with the time and date on it?" he asked, questioning whether or not anyone else could conceivably have gotten access to the keys. "No sir," Mathews replied, saying he simply put them in his pocket, went home and returned with them to the vehicle impound yard the next day.

Still to come is sworn testimony from purported eyewitnesses and other evidence. Hearings continue Wednesday and all week.

The incident resulted in the deaths of Allen Burke, 18, of Estate Anna’s Hope, and Kennyetta McIntosh, 33, of No. 6 East Street, Christiansted.

Browne was arrested Dec. 30. 2007. Melendez was already in custody after being picked up Christmas Day on an unrelated attempted murder charge in connection with a shooting Nov. 23 in Estate Bethlehem. Both have pleaded not guilty to all the charges.They have been held without bail since then.

Marcella Browne has also pleaded not guilty.

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