Tuesday, December 11, 2007

James Johnson and another Case of Prosecutorial Misconduct

Prosecutor Mike Nifong apparently has not been the only North Carolina prosecutor engaged in misconduct, poor investigations and abuse of the public trust.

Please see the details of the case of African-American teen, James Johnson, below and visit www.ncprosecutorialmisconduct.com for additional information.

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On the afternoon of June 28, 2004, a shocking and terrible crime occurred in Wilson, N.C. Brittany Willis, a young white woman who had just graduated from high school, was kidnapped at gunpoint from a shopping center, taken to a deserted field nearby, raped and murdered. Her car was stolen.

The NAACP has deep sympathy for Brittany Willis and her family. The courts must punish people who commit such heinous crimes. However, the criminal justice system should not punish the innocent.

James Johnson, a young African American man who recently graduated from high school, reported the following to investigators and the NAACP to establish his innocence: On June 28, 2004, Kenneth Meeks, an African American youth aged 16, drove Ms. Willis’ stolen car to Mr. Johnson’s home. According to Mr. Johnson, Meeks honked the horn and begged Mr. Johnson to take a ride with him. Meeks showed him a handgun and admitted that he had just killed a young woman and stolen her car. At that point, Mr. Johnson feared for his life. Mr. Johnson further reported that Meeks drove to the crime scene and showed him where the body was. Then, Meeks drove to a carwash and tried to clean out the car. Mr. Johnson further reported that Meeks drove him back to his home and said that he knew Mr. Johnson would not report the crime. Julian Deans, a 19-year old classmate of Mr. Johnson, also told police that Meeks had discussed some of the details of his crime with him.

Mr. Johnson and Mr. Deans struggled with how to deal with Meeks’ confession. Three days later, they went to Mr. Johnson’s father, Arthur Johnson, for help. Trusting the criminal justice system, Arthur Johnson took James Johnson and Julian Deans to the police station without counsel. James Johnson voluntarily reported to the police that Kenneth Meeks confessed committing the crimes.

Within the next few hours, on July 2, 2004, the police arrested Meeks. Meeks discovered that Mr. Johnson provided information to police. Apparently angry with Mr. Johnson for informing the police, Meeks told the police that James Johnson was directly involved in the murder and rape of Ms. Willis. Meeks admitted that he was involved in the crimes. The police charged Meeks and Mr. Johnson with murder, rape, kidnapping and armed robbery. The prosecutors asked for the death penalty and no bond for Mr. Johnson. Julian Deans was charged as an accessory after the fact for not immediately reporting the crime.

In 2005, Meeks recanted his statement against James Johnson. Meeks admitted to his lawyer, his psychologist and several other people that he committed the crimes alone. In 2006, Meeks’ lawyer and his psychologist testified in court that Meeks admitted to them that Mr. Johnson was not involved in the crimes. Moreover, in a letter dated April 24, 2007 to the Wilson Daily News, Meeks wrote, “I committed the crime alone. James Johnson is innocent. For them to keep holding him is a crime in itself.”

James Johnson and Meeks took polygraph tests. Meeks’ test indicated that Johnson was not involved. James Johnson’s test confirmed that he was not involved.

Furthermore, there is no physical evidence against James Johnson. None of the DNA, blood evidence, hair and fiber evidence connected James Johnson to the crimes. There are no credible witnesses against James Johnson.

In April 2006, Kenneth Meeks pled guilty to first degree murder and six other charges. Currently, Meeks is serving a life sentence for Ms. Willis’ murder.

In December 2006, the District Attorney decided not to seek the death penalty against James Johnson, making him eligible for bond. In January 2007, the Court set his bond at $1 million. As a result of the NAACP North Carolina State Conference’s rallies, marches, vigils and lobbying, on September 24, 2007, after spending three years in jail, the Court reduced James Johnson’s bond to $60,000 and he was released from prison. Under pressure from the NAACP North Carolina State Conference, the Wilson County District Attorney’s Office asked the Court to appoint a special prosecutor to reconsider the case. The special prosecutor will make a recommendation to a Superior Court judge about whether to proceed.

In sum, all of the evidence shows that Meeks acted alone. James Johnson should be exonerated. Therefore, the NAACP demands that all charges against Mr. Johnson be dismissed.

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