ST. LOUIS: A Missouri judge on Tuesday overturned the conviction of a man who has served nearly 28 years of a life sentence for a killing that he has always said he didn’t commit.
Lamar Johnson, 50, closed his eyes and shook his head slightly as a woman on his legal team patted him on the back when Circuit Judge David Mason issued his ruling.
Before announcing his decision, Mason said that in weighing the case, there had to be “reliable evidence of actual innocence — evidence so reliable that it actually passes the standard of clear and convincing.”
A court official said after the hearing that Johnson would be “processed out” but should be available soon outside of the courthouse.
St. Louis Circuit Attorney Kim Gardner filed a motion in August seeking Johnson’s release, prompting a hearing in December before Mason.
“Today the courts righted a wrong — vacating the sentence of Mr. Lamar Johnson, following his wrongful conviction in 1995,” Gardner said in a statement after Tuesday’s hearing. “Most importantly, we celebrate with Mr. Johnson and his family as he walks out of the courtroom as a free man.”
Gardner said she’s “pleased that Mr. Johnson will have the opportunity to be the man and member of community that he desires.”
The Missouri attorney general’s office argued at the December hearing that Johnson should remain in prison.
Johnson was convicted of murder for the 1994 fatal shooting of Marcus Boyd. Police and prosecutors blamed the killing on a dispute over drug money. From the outset, Johnson maintained his innocence, saying he was with his girlfriend miles (kilometers) away when the crime occurred.
Gardner said an investigation conducted by her office with help from the Innocence Project convinced her that Johnson was telling the truth.
Boyd was shot to death on the front porch of his home by two men wearing ski masks on Oct. 30, 1994. While Johnson was convicted and sentenced to life, a second suspect, Phil Campbell, pleaded guilty to a reduced charge in exchange for a seven-year prison term.
Johnson testfied at the December hearing that he was with his girlfriend on the night of the crime, except for a few minutes when he stepped outside of the home of a friend to sell drugs on a corner several blocks from where the victim was killed.
“Did you kill Marcus Boyd?” an attorney asked.
“No, sir,” Lamar Johnson responded.
Johnson’s girlfriend at the time, Erika Barrow, testified that she was with Johnson that entire night, except for about a five-minute span when he left to make the drug sale. She said the distance between the friend’s home and Boyd’s home would have made it impossible for Johnson to get there and back in five minutes.
The case for Johnson’s release was centered around a key witness who recanted his testimony and a prison inmate who says it was he — not Johnson — who joined Campbell in the killing.
James Howard, 46, is serving a life sentence for murder and several other crimes that happened three years after Boyd was killed. He testified at the hearing that he and Campbell decided to rob Boyd, who owed one of their friends money from the sale of drugs.
Howard testified that he shot Boyd in the back of the head and neck, and that Campbell shot Boyd in the side.
“Was Lamar Johnson there?” asked Jonathan Potts, an attorney for Johnson.
“No,” Howard answered.
Howard and Campbell years ago signed affidavits admitting to the crime and claiming Johnson was not involved. Campbell has since died.
James Gregory Elking testified in December that he was on the front porch with Boyd, trying to buy crack cocaine, when the two gunmen wearing black ski masks came around the house and began the attack. Elking, who later spent several years in prison for bank robbery, initially told police he couldn’t identify the gunmen.
He agreed to view a lineup anyway. Elking testified that when he was unable to name anyone from the lineup as a shooter, Detective Joseph Nickerson told him, “I know you know who it is,” and urged him to “help get these guys off the street.”
Saying he felt “bullied” and “pressured,” Elking named Johnson as one of the shooters. Gardner’s office said Elking was also paid at least $4,000 after agreeing to testify.
“It’s been haunting me,” he said of his role in sending Johnson to prison.
Nickerson denied coercing Elking. He testified in December that Elking’s identification of Johnson was based on all that he could see of the shooter’s face — his eyes. Johnson has one eye that looks different than the other, Nickerson said. “You can clearly see it.”
Dwight Warren, who prosecuted Johnson in 1995, said that beyond Elking’s testimony, the main evidence against Johnson was an overheard jail cell conversation. A jailhouse informant, William Mock, told investigators at the time that he heard Campbell and Johnson talking when one of them said, “We should have shot that white boy,” apparently referring to Elking.
Warren acknowledged that convicting Johnson would have been “iffy” without Mock’s testimony.
At the December hearing, Special Assistant to the Circuit Attorney Charles Weiss sought to raise credibility concerns about Mock, noting that he sought release from incarceration as a reward for aiding the case. He had been successful in getting probation after a similar jailhouse revelation years earlier in Kansas City, Missouri.
Nickerson described Johnson as a violent drug dealer who had been arrested in killings “probably three times” before Boyd’s death, but was never convicted because witnesses wouldn’t testify.
Judge Mason heard that, paused, then asked, “You sure this isn’t a situation where you guys were in a little bit of a rush to make a conviction?”
“Not at all, Your Honor, not one bit,” Nickerson responded.
In March 2021, the Missouri Supreme Court denied Johnson’s request for a new trial after then-Attorney General Eric Schmitt’s office argued successfully that Gardner lacked the authority to seek one so many years after the case was adjudicated.
The case led to the passage of a state law that makes it easier for prosecutors to get new hearings in cases where there is fresh evidence of a wrongful conviction. That law freed another longtime inmate, Kevin Strickland, last year. He had served more than 40 years for a Kansas City triple killing.
Judge vacates conviction of man imprisoned nearly 3 decades
https://arab.news/b27fc
Judge vacates conviction of man imprisoned nearly 3 decades
- Lamar Johnson was convicted of murder for the 1994 fatal shooting of Marcus Boyd — police and prosecutors blamed the killing on a dispute over drug money
- The case for Johnson’s release was centered around a key witness who recanted his testimony and a prison inmate who says it was he — not Johnson — who participated in the killing
Russia ‘guilty’ over downed Azerbaijan plane: Azeri president
- An Azerbaijan Airlines jet crash-landed in Kazakhstan on Dec. 25, killing 38 of the 67 people on board
- Moscow has admitted its air defenses were operational in the area at the time, which it said was under attack from Ukrainian drones
An Azerbaijan Airlines Embraer 190 jet crash-landed in Kazakhstan on December 25, killing 38 of the 67 people on board, after being diverted from a scheduled landing in the southern Russian city of Grozny.
Moscow has admitted its air defenses were operational in the area at the time, which it said was under attack from Ukrainian drones.
Russian President Vladimir Putin has apologized that the “incident” occurred in his country’s air space but has not responded to claims the plane was hit by Russian weapons.
“The guilt for the death of Azerbaijani citizens lies with representatives of the Russian Federation,” Azerbaijani President Ilham Aliyev said on Monday, according to a statement published by his office.
Aliyev was meeting surviving crew and family members of crew who died in the incident.
The Azerbaijani leader, who is close to Putin, has issued rare fierce criticism of Moscow over the crash, demanding an apology, admission of guilt and the punishment of those found responsible for the “criminal” shooting of the plane.
On Monday he said Russia’s “concealment” of the causes and “delusional versions” being put forward “cause us justifiable anger.”
Initial statements by Russia’s air transport agency that the plane had been forced to divert after a bird strike have triggered fury in Baku.
Aliyev said air defense measures for Grozny – the capital of Russia’s southern Chechnya region, where the plane was set to land – were only announced after the plane had been “shot from the ground.”
“If there was a danger to Russian airspace, then the captain of the plane should have been informed straight away,” Aliyev said.
He also questioned why the plane was sent hundreds of kilometers (miles) across the Caspian Sea to the Kazakh city of Aktau for an emergency landing.
“Why it was directed to Aktau, we have no information,” Aliyev said.
Azerbaijan says preliminary results of its investigation show the plane was hit accidentally by a Russian air defense missile.
Russia has opened its own criminal probe but has not said whether it agrees with Baku’s assessment.
The plane’s black boxes have been sent to Brazil for analysis.
Hundreds of Afghans seeking US resettlement arrive in Philippines for visa processing
- Group of around 300 Afghan nationals, comprising mostly children, arrived from Kabul on Monday
- Under Philippines’ rules, they can stay in the country for no more than 59 days
MANILA: Hundreds of Afghan nationals arrived in the Philippines on Monday to process special immigrant visas for their resettlement in the US, as part of an agreement between Manila and Washington.
The Philippines agreed last July to temporarily host a US visa-processing center for a limited number of Afghan nationals who had worked for American forces in Afghanistan and were left behind during their chaotic withdrawal from the country in 2021.
A group of about 300 Afghan nationals arrived from Kabul on Monday and were issued “the appropriate Philippine entry visa,” said Department of Foreign Affairs spokesperson Teresita Daza.
“All applicants completed extensive security vetting by Philippine national security agencies,” Daza added
“As part of its agreement with the Philippines, the US government is supporting all necessary services for those SIV applicants temporarily in the Philippines, including food, housing, medical care, security and transportation to complete visa processing.”
The applicants were also vetted by US security agencies and had undergone medical screening prior to their arrival.
The group of Afghans will stay at a billet facility operated by the US State Department’s Coordinator for Afghan Relocation Efforts and are only permitted to leave for their embassy consular interviews
Under the Philippines’ rules, they can stay in the country for no longer than 59 days.
The Philippines was chosen as a location for the visa processing as the US Embassy in Manila is “one of the largest” and “has the capacity to process them efficiently and smoothly without having to sacrifice the normal operations,” a Philippine official said.
The Afghan nationals who are processing their visas in the Philippines comprised mostly children and “will be the only group” under the agreement between Manila and Washington, a US State Department official told Arab News, speaking on condition of anonymity.
More than 160,000 Afghans sought resettlement when the Taliban took over Afghanistan as international forces withdrew from the country in 2021 — two decades after the US invaded it.
Thousands of others are in third countries awaiting visa processing. Many of them had worked for the US government.
South Korea’s Yoon set to avoid arrest by warrant deadline
- Anti-graft investigators sought an extension to the warrant that expires at the end of Monday
- The anti-graft officials have sought more time and help because of the difficulties they have faced
SEOUL: Impeached South Korean President Yoon Suk Yeol appeared set to evade arrest ahead of a Monday night deadline after anti-graft investigators asked for more time to enforce a warrant.
The former star prosecutor has defiantly refused questioning three times over a bungled martial law decree last month and remained holed up in his residence surrounded by hundreds of guards preventing his arrest.
Anti-graft investigators sought an extension to the warrant that expires at the end of Monday (1500 GMT) and asked for support from the police, which said the force would help and may arrest anyone shielding Yoon.
“The validity of the warrant expires today. We plan to request an extension from the court today,” said CIO deputy director Lee Jae-seung, whose authority has been refuted by Yoon’s lawyers.
The request was officially filed on Monday evening and an extension can be granted all the way up to the midnight deadline. If the warrant expires, investigators can apply for another one.
The anti-graft officials have sought more time and help because of the difficulties they have faced, including being met by hundreds of security forces when they entered Yoon’s presidential compound on Friday.
“We will consider the option of arresting any personnel from the Presidential Security Service during the execution of the second warrant,” a police official said Monday, speaking on condition of anonymity.
The country’s opposition Democratic Party has also called for the dissolution of the security service protecting the impeached president.
If authorities detain Yoon, who has already been suspended from duty by lawmakers, he will become the first sitting president in South Korean history to be arrested.
But they would only have 48 hours to either request another arrest warrant, in order to keep him in detention, or be forced to release him.
While officials have been unable to get to Yoon, the joint investigation team has gone after top military officials behind the martial law plan.
The prosecution’s martial law special investigation unit on Monday indicted Defense Intelligence Commander Moon Sang-ho on charges of playing an integral role in an insurrection and abuse of power.
Yoon would face prison or, at worst, the death penalty if convicted for insurrection over briefly suspending civilian rule and plunging South Korea into its worst political crisis in decades.
But both he and his supporters have remained defiant.
“We will protect the Presidential Security Service till midnight,” said Kim Soo-yong, 62, one of the protest organizers.
“If they get another warrant, we will come again.”
Early Monday dozens of Yoon’s lawmakers from the People Power Party turned up in front of his presidential residence and police blocked roads.
“I’ve been here longer than the CIO now. It doesn’t make sense why they can’t do it. They need to arrest him immediately,” said anti-Yoon protest organizer Kim Ah-young, in her 30s.
The initial warrant was issued on the grounds that Yoon has refused to emerge for questioning over his martial law decree.
His lawyers have repeatedly said the warrant is “unlawful” and “illegal,” pledging to take further legal action against it.
The vibrant East Asian democracy will find itself in uncharted territory either way — its sitting president will have been arrested, or he would have evaded court-ordered detention.
US Secretary of State Antony Blinken arrived in Seoul early Monday, and did not meet Yoon but held a joint news conference with Foreign Minister Cho Tae-yul.
He praised Seoul’s democratic resilience but his focus was shifted away from domestic politics when North Korea fired what appeared to be an intercontinental ballistic missile into the sea as he met Cho.
South Korea’s Constitutional Court has slated January 14 for the start of Yoon’s impeachment trial, which if he does not attend would continue in his absence.
A prosecutors’ report for his former defense minister seen by AFP Sunday showed Yoon ignored the objections of key cabinet ministers before his failed martial law bid, evidence the court may take into account.
South Korea’s Constitutional Court has up to 180 days to determine whether to dismiss Yoon as president or restore his powers.
Former presidents Roh Moo-hyun and Park Geun-hye never appeared for their impeachment trials.
Malaysia’s jailed ex-PM Najib wins appeal to seek home detention for corruption sentence
- Najib set up the 1MDB development fund shortly after he took office in 2009.
- Investigators allege at least $4.5 billion was stolen from the fund and laundered by Najib’s associates through layers of bank accounts in the United States and other countries
PUTRAJAYA: Malaysia’s imprisoned former Prime Minister Najib Razak on Monday won an appeal to pursue his bid to serve his remaining corruption sentence under house arrest.
In an application in April last year, Najib said he had clear information that then-King Sultan Abdullah Sultan Ahmad Shah issued an addendum order allowing him to finish his sentence under house arrest. Najib claimed the addendum was issued during a pardons board meeting on Jan. 29 last year chaired by Sultan Abdullah that also cut his 12-year jail sentence by half and sharply reduced a fine. But the High Court tossed out his bid three months later.
The Court of Appeals, in a 2-1 ruling on Monday, ordered the High Court to hear the merits of the case. The decision came after Najib’s lawyer produced a letter from a Pahang state palace official confirming that then-Sultan Abdullah had issued the addendum order.
“We are happy that finally Najib has got a win,” his lawyer Mohamad Shafee Abdullah said. “He is very happy and very relieved that finally they recognized some element of injustice that has been placed against him.”
The lawyer said Najib gave a thumbs-up in court when the ruling was read.
He said it was “criminal” for the government to conceal the addendum order. Shafee noted that a new High Court judge will now hear the case.
In his application, Najib accused the pardons board, home minister, attorney-general and four others of concealing the sultan’s order “in bad faith.” Sultan Abdullah hails from Najib’s hometown in Pahang. He ended his five-year reign on Jan. 30 last year under Malaysia’s unique rotating monarchy system. A new king took office a day later.
Home Minister Saifuddin Nasution Ismail has said he had no knowledge of such an order since he wasn’t a member of the pardons board. The others named in Najib’s application have not made any public comments.
Najib, 71, served less than two years of his sentence before it was commuted by the pardons board. His sentence is now due to end on Aug. 23, 2028. He was charged and found guilty in a corruption case linked to the multibillion-dollar looting of state fund 1Malaysia Development Berhad.
The pardons board didn’t give any reason for its decision and wasn’t required to explain. But the move has prompted a public outcry over the appearance that Najib was being given special privileges compared to other prisoners.
Najib set up the 1MDB development fund shortly after he took office in 2009. Investigators allege at least $4.5 billion was stolen from the fund and laundered by Najib’s associates through layers of bank accounts in the United States and other countries, financed Hollywood films and extravagant purchases that included hotels, a luxury yacht, art and jewelry. More than $700 million landed in Najib’s bank accounts.
Najib is still fighting graft charges in the main trial linking him directly to the scandal.
Death toll from the German Christmas market attack rises to 6
- A woman succumbed to her injuries, prosecutors said Monday
- More than 200 people were injured in the Dec. 20 attack
BERLIN: The death toll in the attack on a Christmas market in the German city of Magdeburg last month has risen to six as a woman succumbed to her injuries, prosecutors said Monday.
Prosecutors in Naumburg said the 52-year-old woman died in a hospital, German news agency dpa reported. Authorities have said that the others who died were four women aged 45, 52, 67 and 75, and a 9-year-old boy.
More than 200 people were injured in the Dec. 20 attack.
Authorities have identified the suspect, who was arrested immediately after he drove a rented car through the crowded market early on a Friday evening, as a Saudi doctor who arrived in Germany in 2006 and had received permanent residency.
They have said he does not fit the usual profile of perpetrators of extremist attacks. The man described himself as an ex-Muslim who was highly critical of Islam, and on social media expressed support for the far-right.
