Jackson Free Press

INDIANOLA—Arthur Johnson, 48, wrongfully convicted in 1993 of rape and burglary, went home with his family Monday, Feb. 25, for the first time in a decade and a half. Sunflower County Circuit Judge Ashley Hines still levied $25,000 in bail, even though DNA testing proves Johnson did not commit the rape. Johnson has already served 15 years of his 55-year sentence in Parchman.

On Friday, Jan. 4, 2008, the Mississippi Supreme Court ordered Sunflower County to review Johnson's case based on post-conviction DNA testing carried out by the Innocence Project. That test, performed in August 2005, proved conclusively that Johnson was not the perpetrator of the rape for which he was sentenced. ReliaGene Technologies of New Orleans completed the testing late in 2007 after delays attributed to Hurricane Katrina.

Emily Maw, Johnson's attorney and director of the Louisiana Innocence Project, said at the time: "I've never seen a Supreme Court act so fast in my life." Maw filed a request for post-conviction relief with the court in mid-December 2007. Typically, the court may take several months to respond.

Unlike the state Supreme Court justices, however, Judge Hines and Sunflower County District Attorney Dewayne Richardson apparently felt no compunction toward a quick resolution of the case. Before the hearing, Maw and the Johnson family were confident of Johnson's release, planning a celebration.

Johnson's oldest brother, Bennie R. Johnson Sr., 57, traveled from his home in Pennsylvania to attend the hearing. All four of Johnson's children, Arthur Jr., 19, Dorothy, 20, L.C., 23, and Timothy, 24, were in the courtroom, as were two of his surviving sisters, Bertha Hunter, 50, and Joyce Albert, 51, and a number of their children. No one seems to know exactly how many brothers and sisters Johnson has, or had, since many are no longer alive. His sister Bertha put the number at 15.

In a courtroom half filled with Johnson's family and supporters, in addition to a small coterie of reporters, Hines unwaveringly stuck to his schedule, hearing at least three cases before Johnson's, including a case where he sentenced a Parchman convict to an additional 16 years for possession of contraband—a cell phone. At Johnson's scheduled hearing time of 10 a.m., Hines ordered a 10-minute recess, which lasted closer to 20 minutes.

"There's really no reason not to release Arthur," Maw said.

But the judge was in no hurry to see him go free, ordering the $25,000 bail. Although DNA evidence has cleared him of the rape, Sunflower County has the right to re-try Johnson on all of the original charges, including burglary.

Maw worked to get the amount lowered so that his family could afford to pay it.

A $25,000 bail amounted to an "effective denial of bail," Maw said, and a "considerable hardship" for his family. She also brought up the recent case of Levon Brooks, who, based on a new confession, a Noxubee County judge released on his own recognizance 10 days ago pending a new hearing.

Hines, who seemed to pay little to no attention to Maw's pleas—she said he was in a bad mood—was unmoved, never once actually looking at her while she spoke, instead writing the entire time. Richardson opposed releasing Johnson on his own recognizance. Hines would take Maw's argument under consideration, he said, when she pressed him to make a decision. He would deal with it "as soon as I get off the bench," Hines said. "I'll get to it as soon as I can."

Maw proceeded to negotiate with the court behind closed doors after the hearing to ensure Johnson's release on Monday. In the meantime, the Sunflower County sheriff moved Johnson to his offices so that he could visit with his family.

Ole Miss law professor George Cochran, a board member of the Innocence Project, posted the refundable $2,500 cash bond allowing Johnson to go home to his family instead of spending another night behind bars.

Sunflower County will re-try Johnson in July. Although District Attorney Dewayne Richardson would not comment on what other evidence he might present at that time, the likelihood is that the victim's previous identification will come into play yet again.

Mistaken eye-witness testimony has been a factor in 77 percent of exonerations handled nationwide by the Innocence Project. No physical evidence linked Johnson to the crime for which he served 15 years, and he had no prior violent criminal history.

Previous Comments

ID

98905

Comment

Hines, who seemed to pay little to no attention to Maw’s pleas, was unmoved, never looking at her while she was speaking. Sounds like the Innocence Project is being treated like modern-day Freedom Riders.

Author

LatashaWillis

Date

2008-02-25T19:41:57-06:00

ID

98906

Comment

And they are, L.W. They are. Emily, Tucker and the others at the Innocence Project are my heroes. They are going where other Mississippians (including prosecutors and judges who will rot slowly in hell as a result) and freeing innocent people. They are saints.

Author

DonnaLadd

Date

2008-02-25T19:50:41-06:00

ID

98907

Comment

If Mr. Johnson is innocent, why was bail levied on him? Is there a retrial that will be taking place?

Author

golden eagle

Date

2008-02-26T11:44:47-06:00

ID

98908

Comment

It is my understanding that MS does not have a policy that would allow payment for false incarceration. Will he be able to bring any type of legal action to recoup bail money and some payment for this horrible injustice?

Author

justjess

Date

2008-02-26T13:32:26-06:00

ID

98909

Comment

"If Mr. Johnson is innocent .... " He has not been proved innocent, or even "not guilty." All he has gotten is a chance for a new trial. The wheels of justice move slowly, indeed. Thank you, Innocence Project!

Author

footsy

Date

2008-02-26T15:14:09-06:00

ID

98910

Comment

justjess, You are correct that there is no statutory provision for him to seek damages per se or simply be compensated for the years he lost. He could petition the legislature for a fee, but the likelihood.... next to none. The legal thought is he was fed and housed and only "lost" wages and the state could be credited with his "care". (this is not my opinion, just the legal theory There is a chance he could sue, and I have not researched prosecutorial misconduct in MS, but I know in other states, this is a HUGE leap and a difficult if not impossible case to prove.

Author

AGamm627

Date

2008-02-26T22:07:34-06:00

ID

98911

Comment

Other wrongfully convicted people in Mississippi -- most notably, Cedric Willis -- are sueing for wrongful conviction as opposed to seeking compensation for years lost in prison. Several bills were introduced this legislative session to address compensation for those wrongfully convicted. (HB409 & 640 / SB3010 & 3011.) All of the bills died in committee.

Author

Ronni_Mott

Date

2008-02-28T11:16:01-06:00

ID

98912

Comment

Ronni, I should have clarified my statement. They can sue, but there is large legal boundaries for them to jump through, and from a purely legal defense outlook, almost any suit they can bring could be beat.. However, due to the political pressure, it is likely a settlement may be reached, AS IT SHOULD, but in a strict legal world, they have a LARGE barrier to overcome. However the law does not work in an air lock, nor due juries. I am sure a settlement will be reached. Legally, the state and city probably has strong legal legs to beat any fiscal responsibility, but politically.... He was wrongfully convicted and lost a good chunk of his life he will get paid a morsel (not what he deserves, yet more than the state legally an owes him__and I mean "owes him" in the most strict legal interpretation of law) in order to save PR for the state AGamma627

Author

AGamm627

Date

2008-02-29T00:24:44-06:00

ID

98913

Comment

As for Mr. Johnson's "innocence," we very intentionally used this word. In America, we are innocent until proven guilty. And Mr. Johnson has not been proved guilty, even if they are determined to try again. Therefore, he is "innocent."

Author

DonnaLadd

Date

2008-02-29T00:32:24-06:00