These kind of stories always stump me. They are both heartening, and horrifying at the same time.
Rickey Johnson was released on Monday from the Louisiana State Penitentiary at Angola after over 25 years. DNA evidence proved that he was not guilty of the rape of a Many, LA woman in 1982 for which he received a life sentence. The story is heartening in many ways. Simply the fact that his name was cleared…that he will be able to spend his later years as a free man…and that he will be compensated by the State of Louisiana under new legislation passed last year…gives you faith that sometimes the right thing gets done.
But, the fact that this fellow was “railroaded” (obviously) is horrifying. In his original trial the physical evidence did not directly tie him to the rape. After the Innocence Project got involved in his case, and current Sabine Parish DA, Don Burkett got the ball rolling on new DNA testing, it became evident that Johnson was not the rapist, rather a man convicted of raping another woman in the same apartment complex a year later was.
The Innocence Project has this story leading on their web-site. You can read it here
This from the Times of Shreveport article: Entire article here
“Johnson was arrested for the rape of a woman in Many in July 1982. The victim in the crime said a man broke into her home at 1 a.m. and stayed for several hours, during which he raped her. She later identified Johnson in a photo array that included an eight-year-old photo of Johnson and just two other photos, both Many men.
The victim was unable to distinguish any marks on Johnson, including the gold tooth in the front of his mouth, despite her testimony of looking at her attacker's face during the entire four hours he remained in her bedroom. At the trial, the state also relied upon evidence from the victim that her attacker infected her with syphilis during the rape. Johnson did not have clinical syphilis at the time of his examination, a physician testified at his trial. Still, Johnson was convicted of the rape in January 1983 and sentenced to life without parole.
The Innocence Project took Johnson's case last year. When DNA evidence matched to a vaginal swab collected after the rape did not match Johnson, Burkett had the sample submitted to the Northwest Louisiana Criminalistic Laboratory. The evidence matched a DNA profile in a database of offenders, pointing to John C. McNeal who was imprisoned in 1984 for the April 1983 rape of a woman living in the same apartment complex as the first woman. McNeal's mother also lived in the apartment complex.
Burkett said he's always taken the position that if DNA can prove innocence, then there's no use fighting it. It's important, he added, that guilty people be convicted, but just as important that innocent people are not convicted. As for McNeal, Burkett plans to seek an indictment against him for the rape, but he has no timetable. "I really think someone ought to take him out and horse whip him for what he did to this man." As for Johnson, he harbors no ill will toward McNeal or the rape victim. He wished both well as he hugged tightly onto his family.”
We see these stories occasionally, and even more now that DNA science has progressed. What really chaps me is that local news reports say that it took 13 years for Johnson to get to the right people, just to get a simple DNA test. Fortunately, he had not been sentenced to death.
These kind of cases really bother me. Things like this reinforce my opposition to the death penalty. This is not a post about the death penalty, but many on “death row” have been cleared…after getting the right lawyer, or right group on their side. I don’t understand why it is so difficult for someone claiming their innocence to get a shot at a new DNA test. 10 convicted felons have been cleared through the work of The Innocence Project in Louisiana, and about 225 nationwide.
I often wonder how many guys got “the needle,” or even worse “Old Sparky” at Angola over the years that were innocent. Food for thought.
great post!!
ReplyDelete