PANAMA CITY — Philip Dean Brock will not see a fifth trial in Bay County for the stabbing, shooting and bludgeoning death of his friend and neighbor, a circuit judge ruled Tuesday.
Though one of the jurors who convicted Brock, 58, of the murder and robbery of 65-year-old Terry Brazil claimed his decision was coerced, Circuit Court Judge Brantley Clark denied defense attorneys’ motion for a new trial. Jurors found Brock guilty as charged for the December 2012 death of Brazil following more than seven hours of jury deliberation — essentially convicting Brock to life in prison.
During the verdict reading in October, each juror was given a chance to express any disdain with the group’s verdict, but no one spoke out. Clark cited that as the reason for denying the defense’s motion for a new trial and interview of the juror Tuesday.
“He was given access to the court when the verdict was given to the court,” Clark said, “He was also given the opportunity when polled.”
Brazil’s throat was slashed, he was shot in the stomach and bludgeoned after apparently being bound with duct tape. Several items — including his car, guns and coins — missing from Brazil’s home were found at Brock’s home. After three hung juries, the fourth found Brock guilty on Oct. 4 of murder and robbery, which carries a life sentence.
Days after the trial, juror Bobby Baker contacted Brock’s attorneys, claiming he requested the foreperson to advise the judge they were deadlocked, but the foreman refused, he said.
“By our foreman’s refusal to take my request to the judge, I felt as if I would be held indefinitely, until I was forced to go along with the majority,” Baker wrote.
According to Baker’s account, nine people had decided on a guilty verdict, two were undecided and one holdout — Baker — believed state prosecutors “had not made a case of sufficient strength to overcome every citizen’s presumptive innocence,” he said.
Several pieces of evidence linking Brock to the crime scene were missing. The gun and knife used in Brazil’s murder were never recovered. Brock’s DNA was found inside the room where Brazil’s body was found and on a bedpost investigators said was used in the bludgeoning. However, an unidentified third party’s DNA also was found at the scene.
Defense attorney argued Baker’s verdict was made under duress, and “juror misconduct resulted in a guilty verdict denying (Brock) a fair trial,” the motion stated. “Although the jury was polled and Mr. Baker in fact stated it was his verdict, he advises and states it was only done by pressure and not his true verdict.”
However, since Baker did not express those concerns at the time the jury was polled, Clark denied the motion for a fifth Brock trial.
“I disagree with that argument,” Clark said. “So I’m going to deny the motion for a new trial, and deny the motion to interview the juror.”