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CA BPT Lawyer Sentenced

David Eugene Brown was the chief counsel for the California Board of Prison Terms (BPT) from 1982 until June, 1994. He worked his way up through the prison system's ranks, starting as guard, then captain and going to law school, after which he was appointed to serve on the BPT.  On September 7, 1994, Brown was sentenced to a year in jail after he pled guilty to seven misdemeanor charges of violating probation terms stemming from his 1991 conviction of stalking his former girlfriend. He also violated a restraining order that the girlfriend, Sacramento City Unified School District Trustee Mary Wimberly, had placed against him. In exchange for his guilty plea, two counts of felony stalking and one count of annoying phone calls where dropped.

Brown's first conviction in 1991 was for vandalizing Kimberly' s car and making threatening phone calls to her. Despite his criminal conviction and probation status, Brown continued to serve as the BPT's chief counsel. Brown's latest criminal conviction results from again stalking Kimberly. She stated that since his 1991 conviction he would call her 10 to 15 times a day at home and work. She said she received more than 100 pieces of mail, including letters from Folsom prisoners responding to letters sent to them with Wimberly's return address. She also received numerous magazine subscriptions that she had to cancel. Numerous letters with defamatory remarks about Wimberly were sent to the school district, and read by parents and children. One letter sent to the school district president stated: "The students at several district high schools are circulating pornographic photographs of board member Mary Kimberly."

Brown's defense attorney said he was not a bad person, "when you have a broken heart, it hurts." When Sacramento Superior Court Judge Gary Mullen sentenced Brown he imposed the one year sentence requiring Brown to serve six months in jail and remainder could be served on weekends if he qualified for work release. One wonders if Brown were not the BPT attorney if he would have been allowed to plea bargain to such reduced charges rather than being prosecuted for felony stalking.

Sacramento Bee , 9/8/94

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