Benjamin Brown Testifies In His Own Defense At Murder Trial Involving Child's Death

  • Saturday, February 12, 2022
  • Thea Marshall
Benjamin Brown
Benjamin Brown

Benjamin Brown testified Friday in his case where he is accused of felony murder and aggravated child abuse of Annie Shell in August 2018, denying that he hurt the child who was almost three. 


The Brown trial lasted well into the evening on Friday to finish witness testimony. Defendant Brown testified with his story about what happened to Annie while she was in his care. 


Brown said his girlfriend Brandi Gianunzo was supposed to babysit Peyton and Annie Shell but instead went to a hair salon.

Brown said he watched the children until Ms. Gianunzio returned. He said he was on the phone with his father while watching the children. 


Brown said Annie complained that her head hurt. He said he told her to use the bathroom and he would give her a chewable Tylenol when she was finished. Brown said she yelled that she was finished and he went into the bathroom. He said he got her off the toilet, stood her up and put her pants on, went into the bathroom closet and got her a chewable Tylenol. 


Brown said he told her to get onto the couch and her legs buckled then she fell straight to the ground. He said she started seizing. He said he did not call 911 but called Ms. Gianunzio and his father first. He said his father advised him to call 911. He said he did not call the authorities because he did not know Annie’s information. 


Instead, Brown said he put his thumb in Annie’s mouth to stop her from biting her tongue. Brown said Ms. Gianunzio ran into the house and took Annie outside while calling the authorities. He said he lied to the police that Ms. Gianunzio was home the whole time. He said they followed the ambulance to the hospital where Annie spent the next 12 days until her death. 


Prosecutors slammed Brown in cross examination with questions about “all of his lies” throughout the trial and discussions with the authorities. Brown admitted in court he lied about the whereabouts of Ms. Gianunzio during his testimony. State prosecutors said he lied about several other things concerning previous statements. Prosecutors also questioned why Brown did not call the police. Brown said it was because he did not have enough information about Annie. 


“You went to light a candle for her but didn’t call 911?” asked prosecutor Cameron Williams. “You knew all the information to get a paramedic there, but you didn’t call 911 because you didn’t know her last name?” 


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