The Pittsburgh Tribune-Review
PITTSBURGH, Pa. — An East Hills man who has spent 18 years behind bars for an arson that killed three Pittsburgh firefighters could go free while he awaits a retrial — if his family can cough up $750,000.
That’s the amount Allegheny County Common Pleas Judge Joseph K. Williams on Monday set as Gregory Brown’s bail to ensure he’ll appear at his retrial on three counts of second-degree homicide. No trial date is set.
Brown’s family needs to come up with cash or property as collateral. That’s a “tall order,” said David Fawcett, one of Brown’s three defense attorneys.
“We fully respect Judge William’s decision, even though it means, practically speaking, that Greg Brown will have to spend even more time in jail,” Fawcett said.
Brown, 36, who maintains his innocence, has been serving three consecutive life terms for setting the Feb. 14, 1995 fire at a Bricelyn Street house to help his mother collect insurance money. Firefighters Patricia Conroy, 43, Marc Kolenda, 27, and Capt. Thomas Brooks, 42, died when a stairwell collapsed.
Judge Williams overturned Brown’s murder convictions last month because of problems with evidence at trial. He remains charged but is considered innocent until proven guilty. Family members of the fallen firefighters who were in the courtroom on Monday declined to comment.
Assistant District Attorney Ronald Wabby argued against Williams setting bail, asking the judge to postpone a decision until he appeals to the state Superior Court.
Williams declined, saying doing so would cause a “circular process” of decision and appeal in the court case.
“If you want to appeal it, you can, but we need to have this matter resolved,” Williams said.
Williams said he initially considered a $1 million bond because police arrested Brown in 1996 in Montana. Marissa Bluestine, another attorney representing Brown, said Brown received permission from a judge to finish high school there.
Since Brown’s arrest, his mother, Darlene Buckner, said she and other relatives visited Brown in prison several times. If Brown posts bail, Buckner said he would live with her.
“Greg Brown has been fighting for this case since he was 18 years old,” said Bluestine. “He is no flight risk.”
Williams granted Brown a new trial in February based on evidence that prosecutors and a federal agent never told jurors and the defense that two key witnesses were promised cash rewards for their testimony.
U.S. Attorney David J. Hickton and Sam Rabadi, special agent-in-charge at the Philadelphia field office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, have said they stand behind their employees and disagree with Williams’ decision.
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