Woodbine Cop Killer Loses Appeal

WOODBINE — The man who killed a local police officer 36 years ago lost a recent court appeal.
John Brown, 59, formerly of Woodbine and now a resident of East Jersey State Prison in Rahway, is serving two life sentences for the Aug. 6, 1973 armed robbery of a gas station and the felony murders of Woodbine Police Chief Phillip DeSantis and station employee Kenneth McGuire.
According to a New York Times report of the incident, Brown stabbed McGuire 36 times in the chest and back during the robbery in which stole $276.83 from the Phillips 66 station at Route 9 and Pacific Avenue, in Court House where the Riggins Service Station now stands.
Brown, 23 at the time, then served $2 of gas to one customer, before throwing the cash register into his white Buick and fleeing to Woodbine. There, DeSantis stopped Brown who stabbed the chief 21 times in the chest, according to reports.
The customer was able to identify Brown as was McGuire before dying from his wounds.
After a four-day manhunt, Brown was found lying on his stomach by the railroad tracks in Milmay, 16 miles from the site of the slayings. He was arraigned shortly after the DeSantis funeral, which drew hundreds of officers and thousands of local residents to mourn the fallen officer.
In January this year, Brown filed an appeal from a 2005 order denying his petition for post-conviction relief DNA testing of blood evidence in his case. He wanted the court to test blood spots found in his Buick suggesting that if the blood wasn’t his, it would support his claim of innocence.
On Feb. 20, Appellate Division Judges Francine Axelrad, Marie Lihotz and Carmen Messano ruled that his DNA testing was properly denied.
According to the ruling, Brown’s argument relies on a 2002 state statute that “allows one convicted of a crime who is serving a term of imprisonment to move for forensic DNA testing of evidence probative of guilt or innocence.”
That statute states among other things that: identity must have been a “significant issue” in the case; the defendant must explain how the evidence would force a new trial; the evidence must be in adequate condition to permit testing; the evidence wasn’t tampered with or tested previously.
Judges cited the opinion in a previous appeal, which said:
“The evidence against the defendant was nothing less than overwhelming so that even if there had been an error at trial…(it) would have been harmless beyond any doubt.”
In addition, the appeals court found that since the blood in Brown’s car was not used as evidence to convict him of the crimes, it was “immaterial to the issue of defendant’s identity as the offender in the robbery and murders.”
“We conclude defendant has failed to explain how possible newly discovered DNA evidence results would favor the grant of a new trial.”
At the time of his death, DeSantis had been an officer for 19 years and chief for 15. He was popular in Woodbine for his kindness and generosity particularly with children in the community, the Times article stated.
Today, DeSantis’ memory is being kept alive.
Last May, 165 officers bicycling in the Police Unity Tour made a stop in Woodbine to honor DeSantis and his widow Sonia.
Contact Hart at (609) 886-8600 Ext 35 or at: jhart@cmcherald.com