Dorothy June Brown retrial expected this summer - maybe

Posted: January 30, 2014

The retrial of charter school founder Dorothy June Brown on multiple federal fraud counts is at least four months away - and perhaps longer.

In documents filed Monday, U.S. District Court Judge R. Barclay Surrick said Brown's counsel is involved in a trial in Camden and is not expected to be available "for four to six months."

Earlier this month, a jury acquitted Brown of six counts but said they were deadlocked on the remaining 54. Jurors said the panel was split 9 to 3 in favor of convicting Brown on charges she defrauded the four charter schools she founded of $6.5 million and then engaged in a conspiracy to obstruct justice to cover it up.

Prosecutors have said they plan to retry the case.

Surrick scheduled a conference with prosecutors and Brown's attorneys to discuss the status of the case April 11.

Gregory P. Miller, Brown's lead attorney, is representing one of the seven defendants in a federal racketeering trial of Nicodemo Scarfo Jr., 45, son of jailed Philadelphia mob boss Nicodemo "Little Nicky" Scarfo. That trial began Jan. 8 in Camden.

Surrick also directed federal prosecutors to respond by Feb. 14 to a motion Brown's attorneys asking for the veteran educator to be acquitted of all outstanding charges because "the government failed to introduce sufficient evidence to permit a reasonable jury to find Dr. Brown guilty beyond a reasonable doubt" on the remaining counts.

U.S. Attorney's Office spokeswoman Patty Hartman said prosecutors will respond to Brown's filing.

martha.woodall@phillynews.com 215-854-2789

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