Included in the lab analysis is DNA related to an undisclosed person who Commonwealth’s Attorney Art Goff said has a “strong alibi” at the time of the murder. Goff declined to comment further on the pending DNA analysis, but wrote in an email to the Rappahannock News that there is not a new suspect in the case.
Brown’s five-day trial, originally scheduled from March 30 to April 2, is postponed to Oct. 26-30 with jury selection beginning Friday, Oct. 23. If a Rappahannock jury cannot be chosen, Judge Robert Smith said he has arranged for a Loudoun County jury and courtroom to be available.
Goff objected to the postponement, citing scheduling challenges for the prosecution’s 28 witnesses, including many from the state forensic lab who are hard to nail down because they often are testifying in other, larger jurisdictions.
“It’s like herding cats … It took a lot to get this together,” Goff said. “The sooner we can get this tried the better.” He suggested waiting until Feb. 19, the next Circuit Court date in the case, to see if the pending evidence is returned by then.
Ryan Ruzic, one of Brown’s attorneys, had asked that the trial be moved to a later date, not only because of the pending forensic and DNA analysis but also because he and co-counsel, Paul Fore, were assigned the case in December.
“That only leaves the public defender’s office really only about two months to prepare for a jury trial,” Ruzic told Smith. “It’s not as simple as having [case information] in hand … it takes work, especially in a case as serious as this.”
Ruzic also said the defense had been “literally handed new evidence this morning” which he identified as a “certificate of authenticity” adding that he had not yet had a chance to review it.
Goff told the judge that he is awaiting test results on a white T-shirt, that the lab estimated would be returned in about a week, and DNA analysis related to the other individual, which is estimated to be returned in two to three weeks.
Brown has been described in court documents and previous court proceedings as “wearing sweatpants [and] a white t-shirt” the day Critzer was killed. In a December court appearance, Brown said he wanted some of his clothes brought into evidence that he said were not entered by investigators. It was not clear in Monday’s proceedings if the new evidence was being tested for the defense or prosecution.
Ruzic could not be reached for comment before the newspaper’s deadline.
Smith granted the trial postponement, noting that the crime lab estimated one piece of evidence would not be returned for another two to three weeks, leaving less than 30 days for the defense to review new material before trial. “I see no reason to delay making the decision,” Smith said.



