SALT LAKE CITY (ABC 4 News) - Just over a year of freedom for Debra Brown and Utah's Attorney General disagrees with a Judge's ruling setting her free of her boss's murder. Prosecutors want the Judge's ruling thrown out, putting in question Brown's freedom and Utah's judicial system.
Deb Brown walked into the state's highest court Tuesday, the first time back in a court room since she was exonerated 16 months ago.
Alan Sullivan, Attorney for Brown, told ABC4, "It's great, she is going to be great, she is free."
Brown chose to remain silent Tuesday not talking to the cameras waiting for her, but the man who has been defending Deb Brown had quite a bit to say.
Sullivan said, "The state's entire case is based on a series of factual errors."
So did the attorney general's office, they were here today to prove one thing. Christopher Ballard, Assistant Attorney General, said "She didn't meet her burden to prove that she wasn't the one who committed this murder."
One of the big questions, where was Deb Brown at time the State says Lael Brown was killed in 1993.
Sullivan said, "We proved he was alive hours after that, during periods deb brown had a complete alibi."
The AG's office doesn't buy that. They say there is proof Deb Brown had the motive, access and opportunity to commit murder and Judge Michael Direda misapplied a 2008 statute, basing his 2011 ruling of innocence on incorrect and old evidence.
Ballard said, "She didn't meet her burden to prove that she wasn't the one who committed this murder."
This objection from the attorney general's office isn't just about Deb Brown. They say there is a bigger picture here.
Ballard said, "This case is going to set the benchmark for what is clear and convincing evidence of factual innocence and we think the court has set that bar way too low."
We now wait for the decision from Utah's Supreme Court. If they the court rules in favor of the Attorney General's office Brown could potentially go back to prison. The AG's office is not suggesting that, but they say that decision is out of their hands. The Board of Pardons to decide if Brown would spend more time.
