Man Denied Bail After 2019 Conviction Overturned for 17-Month-Old’s Death

By Andrew Michaels - April 6, 2024
Court | Daily Stories | Homicides | Suspects | Victims |

The Appellate Court of Maryland has overturned the conviction of 41-year-old Francois Brown less than five years after the defendant was sentenced to life for the murder of his girlfriend’s 17-month-old son, Zaray Gray.

Brown appeared in Baltimore City Circuit Court on April 5 when he was denied bail by Judge Anthony F. Vittoria while awaiting a retrial. Charges against the defendant include second-degree murder, first-degree child abuse resulting in death, first-degree child abuse resulting in severe physical injury, second-degree child abuse, first and second-degree assault and reckless endangerment.

During Friday’s bail hearing, Brown’s defense counsel, Todd Oppenheim, asked Judge Vittoria to release the defendant on home detention, saying that the prosecution’s case was “half as strong” as it was during the first trial. Oppenheim said Brown denies the allegations but is remorseful for Zaray’s death on July 18, 2018.

Prior to Brown’s conviction, defense counsel noted, the defendant was frequently around children without incident, including his time spent coaching sports. If released, Brown would live with his mother who has remained supportive.

The prosecution requested the judge deny Brown’s bail given his charges and previous convictions.

Judge Vittoria informed counsel there were no conditions of Brown’s release that would ensure the public’s safety and denied bail. Brown is next scheduled to appear in reception court on May 13.

According to an unreported opinion from the Court of Special Appeals of Maryland, Brown was convicted of second-degree murder and first-degree child abuse resulting in death in August 2019 and was sentenced to life plus 45 years three months later.

A motion for a new trial was filed in January 2021, alleging that Judge Charles J. Peters “erroneously admitted” evidence at trial consisting of information regarding Brown’s prior conviction for the death of his seven-month-old son, Kendall Brown.

Brown accepted a Alford plea for Kendall’s death in 2014 to avoid harsher punishment and was sentenced to 15 years. The defendant’s conviction for Zaray’s death was overturned in February.

The opinion states that Brown was watching Zaray and his two siblings on the day of the incident while their mother ran errands. Brown took the children to a playground where Zaray allegedly fell off of a slide and bumped his head after landing on his back.

Zaray’s brother later testified that he saw Brown “yanking” on Zaray’s arm as the infant was crying. Zaray had also thrown up multiple times when they returned home. according to the account. That evening, Zaray’s mother went to change his diaper and saw he wasn’t breathing.

Medical examiners found signs of blunt force trauma to Zaray’s head and torso during the investigation.