Latest / DA CREW Podcast / JUAN JOHNSON- DA CREW PODCAST SEASON 2_ bonus EPISODE _ HOST SHANETTE W JOHNSON

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JUAN JOHNSON- DA CREW PODCAST SEASON 2_ bonus EPISODE _ HOST SHANETTE W JOHNSON · DA CREW Podcast

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to writing your books. We'll go ahead, Yeah, I like the way
2:16
it's up. Hello, Hello, Hello, and welcome to the Crew podcast.
2:28
I am the Visionary Queen Angela and welcome to season two. I want
2:35
to thank you for tuning in and for all of your support throughout season one.
2:40
We're back them Divas of the Airways, So thank you for joining us
2:47
tonight. Share this with someone in your surf. Let's talk about it.
2:53
What's your Hostnett Johnson? Join me every first and third Monday of the month
2:59
at him Easter Standards and let's talk about it. Will you welcome and thank
3:43
you for joining me for another episode of Let's Talk About It? I'm your
3:51
host at Johnson Tonight. Why Johnson would be joining me? We're going to
3:57
do a brief catch up catch up from the last time he was here.
4:01
Wine is currently in Denver, Colorado, serving a life sentence about the posibility
4:11
of parole on a room for conviction, which occurred fourteen and a half years
4:16
ago. I'm gonna have him to come on now and give us a brief
4:28
detail about what happened. Also in studio, I have a long time friend
4:34
of his that will be joining us. Ken. Welcome, Ken. How
4:40
are you doing today? I'm doing okay? And yourself, how are you?
4:47
I'm doing well. Thank you this evening. I'm currently on the phone.
4:56
He can hear you. I have no em We're doing but uh,
5:06
because you know, I had forgotten about that, I had a bonus show
5:12
air for today. Wine decided to step in for me to fill in.
5:18
So Win give us a brief description of what's going on. Well, Uh,
5:29
you know, I'm suffering in life without the possibility to row for a
5:32
crime that I did not commit. I maintained my interests throughout this whole ordeal.
5:39
I've been petitioning the corpse and been unsuccessful. Uh, relief for my
5:47
condition, everything that's about it. I mean, I'm sure, and how
5:58
is she legal? What they did to me? But yet be the nighted?
6:04
Okay, So we talked all the time about this culture case. We
6:13
talked about how when the third when the jury was being chosen, that it
6:23
was a rally outside of the courthouse. We talked about well, I don't
6:30
know if we touched on how the juror went to sleep doing a trial,
6:36
right. And we talked about a few more things, But we really haven't
6:43
talked about the thirty forty seed that you had submitted to the appellate courts in
6:53
twenty nineteen, could you give us a let us know what's going on with
6:58
that. Well, they did not mind, uh pretty far bush and some
7:04
of the things that they denied it about. We're saying, uh, some
7:09
of the things I didn't bring up, so pretty much they saying that I
7:15
didn't bring up any authority saying that that what they did was wrong. So
7:23
from what what I'm I'm gonna quote what the court uh voting this ordation to
7:30
this says. Even so, Juan Johnson does not cite any authority and we
7:34
are not aware of any for the proportion that the prosecutor had to separately charge
7:39
the the predicated offense supporting the Felton Wayer charge, And because the complaint followed
7:45
the language of the fellas must standy and listed the word robbery as a predicated
7:51
offense, it was substantially sufficient and conferred to on the controller. And so
7:59
probably is is that I was never charged with the predicate of offense, which
8:03
is robbery, and that is the requirement of the statue at the rule of
8:09
murder is sad if they do the prosecution had to st h they didn't do
8:24
in my case because like when I went to traveler. I had to rid
8:30
the second trial. I went, Uh, they found that gear for the
8:37
first murdered after deliberation is the body. But and I was convicted of fel
8:43
here however, never charged with charge. Question So with the robbery charge,
9:01
well, it wasn't no robbery charge because you wasn't charge that in your charging
9:09
documents. When you want on when you want to trial, what was you
9:16
going on trial for? Were you going to trial for the murder charge or
9:20
the robbery charge? Well, I went to trial on the murder charge.
9:26
So I went to I went to trial, and I guilty of the murder
9:33
of first degree murker after deliberation. However, Emily, murder is a subsection
9:39
our first degree murder. Uh, I have to have an additional element,
9:43
which is a predicure offense. The robbery in itself. As they are led
9:48
that happens again, they never charged me m saying that the prostitution proved anything.
10:09
If they don't have a murder home, they have a worker for the
10:11
murder. They had a working forem for a fell murder. So basically so
10:20
basically you just you're telling us that you went on trial for murder. You
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was a quit of that yes, but with the robbery charge you, they
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never charged you or charged you, tried you, so you never you never
10:41
ever had a chance to defend against the robbery. It was always about okay,
10:54
mh, I'm I tried the excution activated robbery. Never never continued against
11:13
robbery because they never said they just mentioned it in asty. So when the
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time came to give the jury and stretches R and B H robbery, they
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instruction a Jillian structure or simple robbery when the elements will to be proven.
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That was never two different robberies. And that's two different robberies. But they
11:41
mentioned in my child, but my chargey would not one of them. And
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you never had a chance to defend against it. So my question to you,
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m hm, how does that stand? Okay? And all this time
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the court in the emotions saying uh, miss missus something else. They also
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said to my I don't want to cut you off. We got rod Rod
12:30
has joined us at any time. If you guys have anything to say,
12:33
please join in. If you have any questions, go ahead and just you
12:39
know, so we can get to go ahead. Okay, I just want
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to say, what the what the court said this here? If John to
12:52
contends that it's complaining information with legally insufficient because it did not separate charge him
12:58
with the robbery. But it's because now he did not read this contention in
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his sunny farest seat motion. Well, like bo said, want me to
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address it. And so Donna see that they've talked told me throughout this this
13:13
this uh dell, I'm trying to get releaf for my first convention court did
13:24
not properly uh addressed to do it right because the first division court didn't move
13:33
on my suddenly said I have to address it or review it or anything.
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And so that's one way. But they now I'm not giving me the relief
13:48
that excusing me, which is overtime case. Okay, so Roy can do
13:58
you guys have anything I mean hearing is your take on that? What could
14:05
we do to getting back in court? Okay? Yeah, right now?
14:16
Mhm. They don't sealed his records. The records they said, only giving
14:24
him access to certain things. We have we have soldiers joining us one how
14:35
are you doing? So they have his bill, so he's only having access
14:48
to certain records, to certain things in inside that records, inside of his
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records. Even though the alleged robbery, said why did not want so over?
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That wasn't putting, but yet because the jury that was well whenever rally
15:13
was going on or changing from the party beginning and the whole thing, what
15:16
it was saying was how to put murderers away from life? I had time
15:20
for murder at this time that my my funny defenders addressed to court and asked
15:26
him, can we please dismiss this jury? Who who knows my crime is
15:31
not going to get a fair trial? They just said no. So all
15:35
the time everybody call who's the railroad? Mm hmmm. So we have a
15:46
question of the question is why are your records still? You tell me,
15:54
and we are going all records, all court records is public public. Sure,
16:07
George, you got to go for a judge to get certain items out
16:12
of your records to follow your motions. Yes, yes, So when I
16:17
filed motion to the Federal court on my habeas corpus, uh, jardge thee
16:22
me I think his name Whitehill on White Side. Uh, he tells me
16:26
that he feels like I need the paperwork that I was requesting, which was
16:30
diverted forms and the Julian structures at the time. Uh. He denied me
16:36
those those doins and I'm posting, I'm post so access to any and everything
16:41
in the records. I was denied that. So I think properly position my
16:48
hapeist corpus at the time. Well Rod can soldier any and you guys have
16:56
anything, Well, it's gonna take him with a good go ahead. He's
17:02
gonna take him with a good attorney. The judges, the courts don't like
17:07
nobody to go pro say, and they don't pay attention to someone that's not
17:12
an attorney. And they do that to us all the time. We have
17:17
to find an attorney who will fight for day. Okay, did you know
17:26
I have reached out. I have reached out to some lawyers over there,
17:40
and they passing them, They passing them, They saying just be They also
17:45
signed the judge saying that the word robbery can just be mentioned. They can
17:51
just mention the word so and they could convict you on just mentioning it.
18:03
No, no, no, they can't, they can't. You have to
18:07
be pop right, Yeah, yeah, the robbery is the predative defense have
18:15
to be proven. Yeah, they they they convicted him of felony murder and
18:22
it has to have a felony for that uh, for that verdict to stand
18:29
or for that judgment to stand, and they don't have a predative defense.
18:34
Yeah, she's proven now Gaulty of murder, so it's like they had they
18:41
charged him twice for one body. Okay, all right, my daughter have
18:55
a friend and she's trying to get in touch with Kim Kardashian that's helping her
19:00
friend. And he's one of the guys that was doing that Hollywood running in
19:06
the restaurants. He was one of the little first guys that got caught and
19:11
Kim Kardashian is trying to help him. So we're trying to get this her
19:15
to hear this, but I'm not for sure is she going to help her
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not? But that's my aim. Okay, that's that's what it's going to
19:30
take. It got to take a good attorney because when you go pro say,
19:34
they don't even want to listen to us on pro see and it's hard
19:38
to find. Yeah, it's hard. I stopped for Warriors and they all
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said it's because the word robbery. So how much do y'all think a lawyer
20:08
will cost to go back into court on this for drawing the lawyers we've been
20:15
seeing they want at least ten thousand dollars. Okay, okay, well,
20:22
the only thing we can start doing is putting up a PAM. That's just
20:26
a good pain. We got to find an attorney that will not sell us
20:30
out. That's the hardest thing. In Denver. We don't have no powerful
20:34
black attorneys that will fight for us. Oh man. All they would have
20:41
to do is put on the suit, went out the obvious. I mean
20:47
he's been pointing out since for ten years now, thirteen years. Yeah,
20:52
I mean, it's real simple. But they don't want to hear it coming
20:56
from him. They don't want to take that helse. They don't want to
20:59
take him. They don't want it from him. Yeah, you know.
21:03
Yeah, anybody that's seen the case, any of them lawyers that don't seen
21:08
the case, don't want to you know, mess up. They background to
21:12
burn the bridge, That's what I'm saying. Yeah, you know, and
21:18
it's going to burn bridges for them. They wouldn't be able to practice in
21:21
Denver no more for show, you know. So it's a lot of people
21:25
kind of cover they ass and make sure they be all right instead of doing
21:30
us the right bro. Yeah, and that's what's going on with Yeah,
21:38
so we just got we just got. You got to have somebody who's not
21:48
scared to fight the system, and right now they're scared to fight the system
21:52
because what they might lose. Yeah, that's that's the initial problem with with
22:00
everybody that's been contacted. You know, I don't know some civil rights lawyers
22:04
that that should be able to jump on it. But can they practice in
22:08
Denver in Colorado? You know, we need somebody that can go to jump
22:14
state. Yes, because in Colorado it's you're not gonna find nobody able be
22:19
they practice because that's what they're gonna have to do. Yeah, that's what
22:23
they're gonna have to do. The vacation in a slam. Yeah, they
22:30
can mention robbery. But in the paperwork in the court documentary, the guy
22:37
that supposedly had got robbed said in the court I have the papers too that
22:41
said that, No, Juan Johnson didn't try to rob me. As a
22:45
matter of fact, he spoke on on his behalf saying that he stopped the
22:52
guy that was acting like he wanted to rob it. You're like, God,
22:55
this ain't happening. Yeah, you know, so I don't know how
23:02
they throw a robbery at the end of the thing to the juror and uh,
23:07
you know, well I know how they do it, they like they
23:08
always do. But yeah, well and you got to have a good mouthpiece
23:15
they did that day. They didn't have a good mouthpiece of fight. Then
23:19
well, yeah, the first time going through that, it was day mouth
23:23
beat that Dad was up there talking, letting me slide say brother, So
23:33
it's his first time going through that, so he didn't know what to do.
23:37
Yeah, yeah, you know what I'm saying. So yeah, and
23:45
right now it's not too late. We just gotta find somebody. Go ahead.
23:56
See what you said again, she was gonna say something. I was
24:02
just wondering. Yeah, the connection is real bad. It's highness down here.
24:10
So that's why keeping off. Okay, So basically to get a good
24:27
lawyer, someone that's not afraid to speak. Say that one more time.
24:38
He was breaking up a little bit. Okay, Well, basically he's gonna
24:48
a good lawyer. Yes, and good attorney soon has won it all out.
24:56
Yes, good by project. It is the project right now to speak
25:07
right, it's instant. Yes, the turn where I'm at right now.
25:26
But that's when I talked to the people times that people man just because they
25:32
proved the murdered, but stays no words the rules that the legislation but to
25:53
follow in the prosecution follow and that is what we have to prove the predicate
26:00
of sense and emerge it into the governing whether account and unfounderstand and in my
26:08
fate right even charge with the belief. You know, they mentioned the world
26:27
up they were getting. So this is what I say. If somebody's walking
26:32
the street pic pibook, take them straight to prison without even going to court
26:38
and getting life sent to the pop world. That's what happened to me.
26:45
Because one you have no other charges to charge me with. Yeah, and
26:55
so again I got to call it the public defenders. They're overwhelming, so
27:02
they department investigation they need to do. And this is why a lot of
27:06
the things with a fluid, because they just let it happen and the course
27:12
not then uh to be by unbiased Uh where they're not. They don't take
27:21
anything. But when they take the prosecute side, why because I'm basic because
27:29
the two cases because uh maybe guy the case, but I'm still seeing the
27:38
thing and they do one uh found beauty in the other got overturned to the
27:48
longer. But they were charged the convicted of it vacation with vacation wants us
28:00
telling them with the books. So I'm just sitting in prison. Yeah,
28:08
well, and it was torched. They had a fair very form found that
28:18
guilt. One was found acquitted of the rest forced to go on wed like
28:30
her is not overturned. Her intention was to go and burglarize the place.
28:33
But she's still burglary. But when the course overturned her burglary condition, they
28:38
overturned the fellowy Murderton, who was premise also selling me. All I'm saying
28:45
is in my case, I was never charged with their underlying fellow And we
28:49
see that now, and we see it in your charges in the proper the
28:56
paperwork. All you have to do is looking documents. You cannot list point
29:03
and say that that this is a charge crime because it's listed now. You
29:07
just put the word robbery in the felony murder count. The word robbery.
29:14
You don't put the elements of which robbery you're telling me that I have to
29:17
defend against again if you charge me with their word robbery, where's the very
29:22
poem for robbery? Yeah? Yeah, because all the research I've done on
29:29
felony murder, everyone has been charged with seleny murder has been charged with the
29:33
predicate offense also of course, And so didn't they just rewrite the felony murder
29:45
statue. They just changed the felon murder statue in twenty or twenty one,
29:53
overturned it due to the fact it was first degree. Now they're done turn
29:57
it into second degree with forty eight. It's up to the judges question.
30:04
So they took the right sentence off of for selany munner down. So class
30:11
want is a class too. But my what I say on that is if
30:15
it was wrong when they just changed it to that means it was wrong back
30:22
then when you when you convicted me, Yeah, your whole conviction was wrong
30:26
because even and when the judge did the when e was given the jury instructions
30:36
with the robbery thing, he mentioned the witness and not the victim, and
30:41
the witness name is nowhere in the charging document charging document. As long as
30:47
you know with the with robbery, you only in your charging documents. I
30:52
only see the homicide. I don't see no, I don't right, I
30:56
don't see no underlying for credit can offense that can turn it into a fella
31:03
the murder, and so I don't understand understand it's it's it's playing as day.
31:12
You do understand it's wrong. It doesn't understand they fucked up. They
31:21
don't want to admit it. They don't want to give money or let him
31:23
out. They don't want to do anything they want him to do. Just
31:27
struggle and do whatever he can do on his end. They're not they're not
31:33
worried about it. They're gonna sweep it under the table as long as they
31:37
it can be swept. They're not. They're not gonna do a motherfucker thing.
31:41
I got a question the lawyers you talk to, and they said,
31:45
no, they have to do is mentioned robbery? Is they saying that he
31:51
can't go back to court? Or they don't what? What? What?
31:56
Basically they don't don't know. They don't want to touch you without the money,
32:05
They don't. They just they just pass it on to somebody else.
32:08
That's that's all they're doing to you know. They say justice is blind,
32:15
but actually justice is not ring at all. Just picking up under that that
32:22
little thin cloths, looking at the money in the hand, trying to see
32:25
how much money they can be passed on over the you know in today hand
32:32
just pop just yeah, just getting the money and passing the case on.
32:39
Yeah. Man, that's some cold ship. Yeah. So we need to
32:49
probably check online, uh, from attorney that can practice in Colorado, somebody
32:55
that will fight for him, because these attorney here in Colorado don't have no
32:59
balls. So he won't never win with these attorneys here in Colorado. So
33:05
we have to follow attorney to come into Colorado. Yes, he was able
33:08
to practice law in Colorado. Okay, they have to Okay, they have
33:14
to be able to practice day law. Yes, yeah, okay, Okay,
33:17
I understand that. And he already did eight ninety footwork. All they're
33:24
going to have to look at the paperwork and present it. That's it is.
33:30
Yeah. Every attorney that I talked to for him could never answer the
33:35
question. None of them would ever answer that question. The law says this,
33:40
and they're not going by the law, and that's not fair. Today
33:44
they yeah, that's what's unfair. Okay. Well, on my end,
33:52
I'm still trying to get in touch with old girl Kardashian got say only plug,
33:59
I got it. My little daughter, Uh friend is messing with her.
34:02
He trying to get out of jail. So that's the plug I got.
34:07
We can save up some money and we can find up an attorney.
34:09
Uh. I'm willing to put it in the pot. I grew up with
34:13
uh Tana. I called him China. You know what I'm saying. I
34:15
grew up with him. Yeah, I grew up with him from day one.
34:19
You know what I'm saying, since we was like nine years old.
34:21
So he's been a good brother to me. I went down a couple of
34:25
times and he looked out for me and my kids and all that. So
34:29
he already know I stand at in his life. So you know what I'm
34:31
saying. We can find a good attorney and he ain't gonna buck us.
34:36
Uh. I say, let's let's let's let's see what we can do.
34:39
And I don't care why you I don't Spanish. As long as they'll fight
34:45
for him. It doesn't matter about a couple. Somebody who will fight for
34:49
him. Yeah, yeah, exactly. He was standing there with their suit
34:52
on and they present the paperwork. They ain't got to do, no fighting,
34:57
nothing. All of that work has done. It's just need to be
35:00
presented and they want by any suit to represent it. Yeah, and they're
35:07
scared. They must be scaring everybody out of the courtroom because it's a slam.
35:10
I done. Why won't you just take that? Because they got to
35:15
pay him. That's why you know the lost fans where they got to pay
35:17
everybody that's wrongly convicted. Yeah, well I know that, I know that,
35:21
I know why they want. I'm talking about somebody stand up for him
35:24
in court and just look wrong, this wrong, this is wrong. Let
35:29
him out. Well, it's like a little gang system. You know what
35:31
I'm saying. We're gonna spook to all your buddy that think he coming.
35:35
You know what I'm saying. That's that's what they're doing out there. What
35:37
what what y'all telling me? You know what I'm saying, That's what I
35:42
see. So, you know, since we got so many followers, it
35:45
gotta be somebody out there that's listening to us. They can tell us an
35:49
attorney who can back fall in Colorado. That's all we do know. Mhm
35:58
yeah right, Well, I truly truly thank you guys for stopping by talking
36:07
to us, But uh, we got a lot of work to do.
36:16
This is justice. Uh, it's gonna continue to happen. Until someone finally
36:23
say enough. It is enough, until somebody finally speak up and speak out
36:29
and that's not scared to go up against the legal establishment. Yeah, and
36:38
I see money many I see any of our people? Yes, yes,
36:45
yes, yes, you got the statistics it says you got you got twenty
36:52
two people serve six hundred in eighteen years all over the round convicted. Yes,
36:59
and eighteen years out of twenty two people. Yeah, nofly convicted.
37:09
Well, they know that, they know that, and they know we just
37:13
don't have the money to fight. And then if we do fight, we
37:15
gotta get somebody who will fight for us and not take her money. Yeah,
37:21
that's the problem that we have. And if we find somebody to move
37:27
on this case, they're gonna have to beat chaperone because they're gonna they're gonna
37:32
try to make it hard for him in and out of Denver. Yes,
37:37
yes, you know what I mean. It's just journey, a journey cockler
37:45
recruits. We're gonna need some head busters go down there with them. Yeah.
37:57
Well, our time is almost out, and I just want to say
38:02
thank you guys for coming. And it's behalf of your it's hard, yes,
38:14
question people to speak up you have since we have so many people listening,
38:20
but can't we put an email or something that somebody can give us some
38:25
uh information of somebody that they know might be interested in this case on your
38:32
proadcast. Do you have an email? You know, I have an email
38:44
that they can reach me at. They can reach me at let's talk about
38:50
it at outlook dot com. They or nine five one six' six nine
39:06
four four five zero's. So I think that's what we need to let them
39:13
know when we get ready. Just like to say again coming on and speaking
39:19
up for your brother, and you're welcome back anytime, anytime, because the
39:30
we got a lot of work to do, Yes, we got we got
39:34
a lot of work to do, a lot of fight. It's too many
39:38
black men and brown men that's wrongly incarcerated, and we just need to all
39:47
come together and use our voice as one and just speak up and speak out
39:53
and say enough is enough. Thank you, Thank you so much much.
40:00
Well family, This is the end of tonight's episode. Just for joining us.
40:10
I hope you enjoy this week. Remember this week is Holy week.
40:20
Be a servant to somebody, use your voice, speak up, even if
40:25
your voice is shaky. Thank you and have a blessed evening. I really
40:39
think if we can put a phone number up all things, where has it?
40:54
All? The blue sky's as the blow from the log, and some things