September 21, 2013 for more information: [email protected] New PA State and Federal Legal Challenges Filed to Overturn the Conviction of Lorenzo Johnson—An Innocent Man! Lorenzo “Cat” Johnson filed new legal challenges to his frame-up conviction in both the Pennsylvania state and federal courts. A new Post-Conviction Relief petition, filed August 5, 2013 and a Second Federal Habeas Corpus petition filed September 9, 2013 rips to shreds the falsified and coerced witness testimony that resulted in his 1997 conviction for a murder he did not commit. Lorenzo Johnson is serving a sentence of life without parole. In a recent statement to his supporters Johnson announced: “I’m proud to say today my Legal Team filed an “Actual Innocence” appeal on my behalf. In this appeal is all the Evidence/Witnesses that was withheld from my Legal Team and me for eighteen years that out-right clears me!” The legal filings unambiguously assert, “Lorenzo Johnson now demonstrates not only that he is factually innocent of the murder of Tarajay Williams, but that he was prevented from proving this at trial because the trial prosecutor withheld material exculpatory evidence … This exculpatory information, when viewed in combination with the newly discovered evidence offered herein, and with the prior suppressed evidence, proves that Petitioner was not simply ‘not guilty.’ This evidence proves he is innocent of the crimes with which he was charged, and that the Commonwealth had reason to know he was innocent but prosecuted him for murder nonetheless. His conviction also resulted from constitutionally ineffective counsel at trial and during his initial PCRA proceedings.” These legal challenges follow the outrageous action of the U.S. Supreme Court last year reversing a previous successful federal challenge to his conviction. Johnson unceasing fought his conviction on the grounds of his innocence. After sixteen and a half years of court battles, in October 2011 the Third Circuit Court of Appeals overturned Johnson’s conviction on grounds of insufficiency of evidence--in effect, a judicial acquittal. In January 2012 he left prison freed on bond granted by the federal district court judge after a hearing in which family, friends and four corrections officers testified to his good character. But the state would not stop its vendetta and appealed to the U.S. Supreme Court. Without allowing the standard legal briefing or oral argument, the Supreme Court issued a per curiam decision, in May 2012 and reversed the Third Circuit Appeals court that had overturned Johnson’s conviction. His conviction and life sentence were reinstated. Johnson voluntarily turned himself in and over the past year has been serving his life sentence at SCI Mahanoy, in Frackville, PA, while continuing his legal fight. The new evidence submitted in state and federal court comes from affidavits from both lay witnesses and from a Harrisburg police detective assigned to investigate Tarajay Williams’ shooting. They make clear that the Commonwealth withheld from Mr. Johnson exculpatory evidence that would have demonstrated his innocence, corroborating his alibi (that he was out of the state when the shooting took place) and would have shattered the credibility of Carla Brown, the primary witness against him. The linchpin to the prosecution’s case was always Carla Brown, a confirmed crack addict – who acknowledged she was very high on cocaine the night of this shooting. At trial, Brown gave testimony riddled with inconsistencies. Brown was the only person to testify that Lorenzo Johnson was at the bar before the shooting, while two witnesses from the bar who knew him said they had not seen him at the bar that night. Brown was the only person who claimed to have seen Mr. Johnson near the alley where the shooting took place. The new evidence includes Brown’s admission, screamed out while telling counsel never to come looking for her again, that she was not in the Midnight Special bar the night of the shooting. The statement from the detective establishes that Brown was aggressively questioned by the Harrisburg police who “had to work on her over the course of a few months to get her to tell the truth.” The witness the prosecution used to establish a motive for the shooting, Victoria Doubs, had been given a plea deal by the prosecution, but that deal was kept from Johnson during the trial. Two friends of the victim have provided affidavits confirming that the prosecution’s evidence against Lorenzo Johnson was false in all regards: (1) the motive for the shooting was a fabrication—the events never happened; (2) Brown was lying when she testified that Johnson was in the bar that night or in the bar doorway or alley at the time of the shooting. Three people confirm that Johnson was not in Harrisburg, but on a trip to NYC on the night the shooting occurred. Additionally, two witnesses point to the identities of the two men who participated in the shooting and affirm that Lorenzo Johnson was not one of them. Carla Brown is identified in new witness affidavits as being outside the bar with those men and the victim. As the new affidavits show, numerous witnesses were threatened by police into remaining silent or falsifying their trial testimony. Some were threatened with being charged themselves with the shooting death of Tarajay Williams. As Mumia Abu-Jamal said in his September 8, 2013 commentary, “CAT Back (In Court)”: “In fact, Cat’s entire case is predicated on police intimidation and prosecutorial deals of witnesses –those who could’ve proved not only that he was innocent – but innocent beyond a shadow of a doubt. That’s because on the night Tarajay Williams was killed, Cat wasn’t in Harrisburg. He wasn’t even in Pennsylvania. But cops and prosecutors have the tools of intimidation in their hands – prison. And using such tools, they can twist witnesses like pretzels. They can, literally, make them say anything. And they did. But now, the case is fast unraveling, like wet toilet paper. Cat is back in court –stronger than ever.” To help Lorenzo “Cat” Johnson win this fight for his freedom please read more about his case and help by protesting his frame-up conviction and demand his release. FreeLorenzoJohnson.org. Sign the Johnson’s petition to the prosecution, PA Attorney General. As the legal battle continues, Lorenzo and his family need to see each other as much as possible. Please made a financial contribution here to help defray the costs of travel to SCI Mahanoy as well as phone calls and other work the family is doing in the fight for his freedom. FREE THE INNOCENT, Lorenzo “CAT” Johnson * * * Lorenzo’s new PCRA (Post-Conviction Relief Act) petition was filed in the Court of Common Pleas in Harrisburg, PA by his attorney Michael Wiseman of Philadelphia, representing him pro bono. The new federal filings, the Second Habeas Corpus Petition and Memorandum of Law and Motion to the Third Circuit Court of Appeals, were filed by attorney Amy Gershenfeld Donnella, of the Federal Community Defenders Office and Michael Wiseman, both of Philadelphia, PA. The Jeffrey Deskovic Foundation is co-counsel and assisted in the investigation, and in overall support to Lorenzo. Unsubscribe / Change Profile Powered by YMLP
Posted on: Sun, 22 Sep 2013 17:38:06 +0000
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