NORWICH – The man guilty of committing the first murder in the City of Norwich for almost two decades made his final appearance at the Chenango County Courthouse Friday, getting 20 years to life for his crime.
Acting Judge Martin E. Smith recommended that Daniel L. Brown Sr., 46, of Norwich, never be released from prison.
“In my view, Mr. Brown, you should spend the rest of your life in prison because we, as a society, can never chance again that you might lose your temper. And I fervently hope that every day of the rest of your life, you remember Tammy Periard and what you did to her and what you did to her family,” said Smith.
“There are, no doubt, many people who feel the justice you are about to receive is not justice, that you should forfeit your life for taking the life of Tammy Periard. Or failing that, that you should be sentenced to life imprisonment with no hope of ever being paroled,” said the judge.
The judge sentenced Brown to the agreed-upon plea bargain, but recommended to the parole board that will convene 20 years from Monday that when Brown becomes eligible, he never be released.
Two members of the victim’s family appeared before the court to address Brown Friday – Pamela Periard and Susan Kohout, both sisters of the deceased.
“We have been left with a vacant hole in our hearts that can never be filled. It’s an ache so deep that it cannot be explained. We can no longer share long walks, laughter, tears or our secrets with Tammy. We worry more about each other and fear more for our children’s safety. We are no longer friendly people, nor do we speak to strangers on the streets as we once did, for the trust that has been broken,” said Pamela.
“Because you had a bad day, you decided to take her from us. Well, you also took from your own family. But then again, I really don’t think you care. If you wanted to hurt someone that day, why didn’t you take your own life? One that didn’t mean anything to anybody? Maybe someday someone will take yours and it will be the devil. I hate you Daniel, and I hope you burn in hell,” said Susan in the family’s final words to the court before sentencing.
District Attorney Joseph McBride also made an emotional statement to the court.
“I’d like to put what happened on March 26th (the day of murder) on the record here today. The victim in this case, Tammy Periard, went to Mr. Brown’s house to help him out and to try and find him a new place to live. For that kindness, she was met by Mr. Brown who, at that time, hit her in the head at some point, with a stick, smashed her head into a column, raped her, robbed her and strangled her to death. And judge, the evidence shows that after he did that, he went out and used the money that he had taken from Tammy to buy more drugs,” said McBride.
McBride revealed the day Brown was arrested by the Norwich Police Department, he lied to officers. The DA said Brown reported that “he had nothing to do with this homicide that he committed and that he had robbed some black men and the black men were going to kill him and that maybe the victim was at his house and was killed by the black men,”
McBride made two last remarks to the court before sentencing, saying, “Judge, the most important thing is that the parole board knows two things: One, that this family chose to have him plead to the lesser count to spare them the public anguish of re-living this event. And two, to make it clear that, I hope, they have the strength to never let this man walk the streets again.”
The only words Brown had for the court were, “Yes, your honor. I’m truly sorry for what happened. And I can’t bring her back. And it should have never happened. I let a lot of things get in the way, you know, like my drug addiction and a lot of other things, and it should have never happened. That’s all I got to say. I want to tell the parents that I’m sorry. I deeply and truly am sorry.”
During sentencing, Smith commented on Brown’s long drug-motivated criminal record beginning in 1977. Smith also said Brown had actually appeared before him on Aug. 30, 1991 for a prior drug count after violating his probation three times. At that time, Brown admitted he had been convicted of 12 prior drug-related crimes.
“And that as a result of your abuse of alcohol, prescription drugs, cocaine and heroin, you ‘lost your temper’ when Tammy Periard confronted you for abusing drugs. This, of course, is the same Tammy Periard who the very night before, on Sunday March 25th, finding you passed out on your driveway, helped you back into your house. Only to return to your home the very next morning to be raped and killed by you. All because you lost your temper,” said Smith.
The judge also read the Department of Probation’s official report to the court, quoting, “ He (Brown) has been given plenty of opportunities to get his life under control. All in all, the defendant blamed his crime on his drug abuse.”
The judge said, “It is almost you saying to this court Tammy Periard should have known better than to mess with you when you were so strung out on drugs.”
Brown admitted to the murder Nov. 5 by pleading guilty in Chenango County Court to second degree murder. The crime took place March 26 in his Henry Street apartment. Periard was Brown’s apartment manager at the time. The victim was reported missing by her family two days before being discovered, following a huge search effort conducted by several local and state law enforcement agencies.
The victim’s mother, Beverly Cornell, did not speak in court, saying she was too emotional. While leaving the courtroom she commented, “I’m just glad this part is over. I just hope the family can move on.”