Benjamin Brown takes stand in his own defense, and admits to lying

Defendant in 2018 death of 2-year-old admits to lying to a detective; prosecution seizes on inconsistent testimony

It’s time for the defense to present its case. Just a day after the jury heard from the Medical Examiner, saying a toddler was shaken so hard, blood got on her brain.

Benjamin Brown took the stand in his own defense of the felony murder charge from the 2018 death of Annie Shell.

After three forensic pathologists testified about the injuries suffered by two-year-old Annie Shell, it came time for the defendant, Benjamin Brown, to take the stand. When the prosecution got a hold of him, the fireworks began.

Brown: “I lied to Detective (Jake) Elrod. We all know I did. I mean..”.

Prosecutor: “I’m not talking about Detective Elrod. Do you not understand what I’m asking you?”

Brown: “You’re asking if I lied about the time and I did to Detective Elrod.”

Prosecutor: “I’m asking you if you lied to the jury today about the time. (long pause) I’m sorry…I don’t know how to make it any clearer.”

Several times, the prosecuting attorney pressed Brown about lying to a detective on the scene of the crime, lying on the stand, and his own inconsistent testimony.

Prosecutor: “So, you lied to Detective Elrod, right?”

Brown: “We all know know…Yes, sir.”

Prosecutor: “And then you told (defense attorney) Stephen Brown that you didn’t remember.”

Brown: “Yes, sir.”

Prosecutor: “So, when you told Stephen Brown…”

Brown: “I do believe I told Stephen Brown that she was gone two hours and twenty-four minutes since I’ve been in here on trial.”

Prosecutor: “OK…So, when you told Stephen Brown you didn’t remember, you were lying.”

Brown: “To my knowledge, I really…I really wasn’t keeping up with how long she was gone.”

The prosecution is expected to call more rebuttal witnesses on Saturday. The judge expects the case to go to the jury by the end of the day.