Last May, Adam Brown, 23,  was convicted of slashing the throats of an elderly couple in East Erie during a robbery attempt.  The evidence against him was overwhelming.  Brown was pulled over by police driving the couple's car minutes after the assault.  He had items from the couple's house in his possession.  But, now the conviction is in doubt.

Brian Krowicki, one of the deputy DA's who prosecuted the case, walked into the judge's chamber's two months after the trial. He told the judge that he intentionally withheld evidence from the defendant, two audio CD's of a police interview with the couple in their hospital room.

Erie Defense Attorney John Carlson says Brown had a Constitutional right to that evidence.

"If the evidence, that was not disclosed to him, is favorable to the accused, to him, at the time of trial, or is favorable to him at the time of sentencing, then he has a case," Carlson says.

 District Attorney Jack Daneri says Krowicki was under a psychologist's care when he told the judge he intentionally withheld evidence.
That psychologist will testify at a hearing on the matter to be held friday.  Daneri says Krowicki was not truthful when he spoke to the judge.

"Going to that question of what he said to the judge, was it actually true that he had intentionally withheld that evidence? We don't believe it to be true," Daneri said.

 A man convicted of a brutal crime had overwhelming evidence against him, but did he receive a fair trial?  That will be decided at the hearing on Friday. 

According to Carlson, three things could happen after the hearing. The judge could throw out Brown's conviction and set him free. 
He could order a new trial, or, he could uphold Brown's conviction.