Latest / DA CREW Podcast / SEASON 2 DA CREW PODCAST EPISODE _4 _HOST SHANETTE W JOHNSON

Transcript

SEASON 2 DA CREW PODCAST EPISODE _4 _HOST SHANETTE W JOHNSON · DA CREW Podcast

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Hello, Hello, heyo, and welcome to the Crew podcast. I am
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1:07
Let's talk about it? What's your hopes? At Johnson join me every
1:11
first and third Monday of the month at eight pm Easter Standard's time. It's
1:19
Cam on and let's talk about it. Will you? Good evening and welcome
2:02
to Let's Talk About It. I am your host at Johnson. I am
2:07
so excited to be with you on today my first podcast. I am using
2:16
this platform tonight to talk to my husband, JAYN Johnson about his wrong for
2:24
conviction and I'm just waiting for him to to come up in any minute.
2:35
Please forgive me. I am a little nervous. This is my first time
2:42
doing this, so I'm gonna try to relax my nerves. As soon as
2:47
he come up, We're gonna sit back, We're gonna talk, We're gonna
2:52
I'm gonna ask him some questions about his about the wrong for conviction that he's
2:59
been face and he's been incarcerated for the last fourteen years for a crime that
3:06
he didn't commit. So with well, no more talking for me, because
3:14
I'm a little nervous. I have Wine on the phone. Wine Hello,
3:21
Hello. So I was just sharing with everyone about the wrong for conviction,
3:28
and first I would like for you to give them a little insight on you
3:38
let him know who Wine Johnson is. Well, Win Johnson is. For
3:47
one. I want to thank you for around me to use your platform to
3:54
get my message out on this wrongful conviction. That's and foremost un Johnson.
4:01
I'm fifty four years old, born and raised in Compton, California. I
4:08
am a father of seven children, five grandchildren. I had my own businesses
4:15
when I was when I was out in the world, in the free world,
4:21
our own mom brobecue spot, and also drove over the road trucks.
4:29
I drove over the roads. Okay, you sound just as nervous as I
4:34
do. So we just we just gonna just go like we normally just talk.
4:41
So okay. In July of twenty nine, twenty on nine, am
4:51
I correct, tell us what happened that day. Let let us know what
4:58
Let the listeners know what happened. I want to start from the beginning and
5:02
then we get into the meat of the of how everything you know, start
5:10
from let the listeners know how everything went down, and then we'll take on
5:15
to the trial. Well, July twenty first, two thousand and nine,
5:23
was William, the worst day of my life. I was uh, I
5:29
was uh picked. I was picked up. I was picked up for my
5:33
place of business and taken into custody for homicide which a person lost his life.
5:43
His name is of viberthough human as and you know, my heart goes
5:46
out to his family. I was arrested for for homicide which I did not
5:53
commit. And even the Julia of twelve said that I did not commit.
5:58
Okay, so we're going to get to that part. So to day that
6:02
that you're was arrested. Were that was there a warrant did they have for
6:08
warrant for your arrests? Uh, No, it wasn't. It wasn't a
6:15
warrant out for my arrest. I was picked up, and I guess the
6:18
detective was hoping I had any information, which I didn't when he when he
6:26
when I was picked up. So basically, they wanted you to make up
6:33
a story or give them some information or or what you know, can you
6:41
explain that a little more for me or you know, when I was I
6:46
was asked by the detective or I was told by the detective, okay,
6:53
you know pretty much he wanted me to implement myself in a crime that I
6:58
did not commit. So pretty much he was saying, be him, which
7:02
is a detective on this case wanted me to uh implement myself or give him
7:10
some information on this case, which I didn't have any. And he said,
7:15
man, he said, the first horse to the finish line wins the
7:18
race. So many he's saying that anyone that offered him information pretty much will
7:25
be charging the people that was involved in this case. Also, uh didn't
7:30
never get charged in this case because again he said, the first horse to
7:34
the finished life wins the race. Okay. So since you didn't have no
7:43
information, they went to the next to someone else. Did you broke up
7:50
since you didn't have no information to give them he went to someone else,
7:57
he went to someone else. Yes, and I ended up with to charge
8:01
and what was the charges? First degree murder after deliberation and first agree fellery
8:07
murder. Okay? So with that, with them two charges, how long
8:16
did it take them to get you before the judge? Before your trials actually
8:26
started? It took believe like the close of two years for me to go
8:33
to my first trial. And then my first trial was a mistrial, and
8:39
I believe it was like four four months later, made of September, like
8:46
four or five months later I had my second trial which I was found not
8:50
guilty of first degree murder after deliberation, but I was found guilty of surly
8:54
murder. Okay. So you said it took you most twenty seven months altogether
9:03
for both trials for me to be convicted to twenty seven months? Twenty seven
9:09
months, So why did it take so long before before the first trial started?
9:13
Why did it take so so so long the first Well, the witness
9:22
that was in this case had a fair case that he was that he was
9:30
arrested for, and they wanted to see where the detectives offer him a deal
9:35
too. Pretty much implement me in this in this case, and I found
9:39
all that out in the interrogations that he had, so pretty much my lawyers
9:46
wanted to wait to see what the deal was before we end up on the
9:52
trial. Okay. So you said that your first trial was a mistrial because
10:00
is uh lack of evidence? No evidence? Okay, So we went to
10:07
so you get to the second trial. The day of jury, the day
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they was picking a jury. What was going on outside of the court the
10:16
day they was picking jury? Uh, well, around lunchtime when when when
10:22
the judge dismissed the potential jewels for lunch, it was a rally going on
10:28
outside on the courthouse. Uh, in the on the courthouse steps. It
10:35
was a rally speaking about murdered victims. So they were having a rally speaking
10:43
on uh, how to put murders away for life, unsolved murders, and
10:50
so on and so forth. It was a rally for victims of murder.
10:54
So with the rally going on outside of the court and then jury was on
11:01
lunch, did your lawyer partition in the court, or go to the judge
11:09
and ask them to look into that, or you know, to throw out
11:15
that that jury because I would think that the jury is tainted with the pro
11:22
the protests that's going on outside the the court. So you know what what
11:28
happened, you know, let us know what happened. Well, we came
11:33
back in. Well when when when everybody came back in after LUNs, my
11:39
attorneys went to, well, actually, judge can approach They went and approached
11:45
the judge and and and let her know that it was a rally going on
11:48
outside, and they petitioned her to dismiss this jury pool because they wasn't sworn
11:56
in yet, so it wasn't prejudiced on either side, so it wouldn't have
12:01
hurted anything to dismiss this jury pull and come back another day. So my
12:07
lawyers were saying that I wasn't going to get a fair trial. But the
12:11
judge refused to And her name was Christine Hoppis, that was the judge on
12:16
my trial. She refused to give to dismiss this jury pool and said that
12:22
she would just ask certain individuals or over half her were out there at this
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rally just watched the whole rite throughout the whole lunch period, which was like
12:33
an hour hour and a half. But the judge refused to dismiss the pool
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and just said that she would ask by a raise of hands, who did
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an effect over like I said, over half of him. It was seventy
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two seventy two people or seventy two potential jewds there in the courtroom, and
12:52
over half of them raised their hands as saying that they seemed the trial and
12:58
then went on from there. So she started then she asked how many did
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it affect? Multiple raise their hands. Uh. We end up going into
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the to the chambers and she asked them, you know how it affects you
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and different things like that. Five of them said that it really affected and
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they they was dismissed. The other one said that they can uh be partial.
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Uh, but at the same time, I have case later said that
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if one drill was affected, potential drill was affected, all of them were
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affected and you must get rid of all of them. But she refused to
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do that. Did she give up? Did she give a reason why she
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wasn't going to just dismiss the the jury the potential jurors. Yes, she
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just she dismissed the five but said that they couldn't that they were affected by
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it. A couple of ms crying and the air and the chambers and everything,
14:03
but she just said that, uh, she wasn't gonna dismiss it because
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she wasn't fin the start of new trial. But again, if you if
14:13
they always out there and seeing they're human beings and speaking on the murders,
14:18
it has an effect on people and when they when they when they're out there
14:22
rallying it, it's speaking of how to put murders away for life. Because
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some people got away with it. Some people wasn't. Uh, the murders
14:33
that was the victims of the rally having their cases wasn't closed. And so
14:39
by me being on trial for murder, it affected the jilly from day night.
14:46
Okay. So let's start with your charges. You said that your first
14:56
charge was uh murder deliberation first, okay, and the second charge was second
15:07
charges personally murdered, which was seveny murdered. So it's the A and a
15:11
B that's what makes them different, Okay, but they all run the same.
15:16
We are running the same. Uh. The first we know that the
15:20
deliberation is the actual body that's been murdered. Uh, which would be a
15:28
murder happened in the commission of a seventy which makes it seven murder. Okay,
15:35
So doing your trial now we we we're we're fins to going to the
15:41
trial age, doing your trial. When the witness was on stage, I
15:48
mean up on on a witness stand, did he mentioned to the that he
15:58
found deprecated anything when the detective came to him, Because I was reading into
16:07
your transcripts and it was they were saying that that the witness and his wife
16:19
made up stories before the detectives came to to pick you mush Uh. Yeah,
16:29
when he was in his interrogation and also understand he admitted Kim Ryan and
16:36
making up story so that he wouldn't get in trouble just throughout his home his
16:42
home time, I mean his own interrogation with the detective. Uh. He
16:47
was he was so well. He made up stories and if he felt right
16:52
there detective was believing him, he would stick with that story. But when
16:56
the detective would jump down on anything instead that he was lying, he would
17:02
change his story to something else. And this is what he was staying on
17:06
the stand. But he made up stories throughout the whole uh uh interrogation.
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He's speaking this on the stand. What he's saying that he's making up stairs.
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He admitted to lying. Uh, admitted to just fabricating everything. And
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so because he was facing where an indictment he had been in battled on the
17:30
floor fil case, so he was looking for a deal. So also in
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your transcripts, it says that it said that the camera was cut off and
17:45
when it was interrogating the witness, but the volume was still the volume was
17:56
still okay. So yeah, so pretty much the detective tone uh toe ROI
18:04
was operated the camera time the camera up with the the the audio was still
18:10
on, and the detectives tell him, helly, you must say it like
18:14
this. We only friends in this and you need to you need to say
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exactly what we're telling me to say. So you need to do it this
18:22
way. Pretty much coercion me uh uh uh, pretty much telling him what
18:27
to say in this trial. Uh you know this terrogation Okay, so much
18:37
so I also read that his wife said that he called he called them and
18:42
asked them, asked her to leave the house. Uh. From what I
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from what I learned over my research and my cases that the drug build will
18:56
downe uh out the witness is actually the one that I believe pulled the trigger
19:04
to kill this guy, and he killed his friend to keep the money that
19:08
was involved in the whole drug bill. Ah. And when that happened,
19:15
he thinks he's not knowing that he's that he's deceased at this time. So
19:19
he ended up I guess, getting up getting the phone, of getting the
19:23
phone and calling his wife to get out of the house because he didn't know
19:27
where he went after he's been shot. So throughout all that, throughout all
19:33
that incident, he was he told his wife and his all this is in
19:38
the transcripts, uh to get out of the house and go to his mother's
19:42
house with stay down street. Uh. Later on, when they found out
19:47
that that Roberto was deceased, they ended up going back home. Uh.
19:52
I believe made up stories over the month, the month that he was before
19:57
he was interrogated. Uh, and look back at work, is nothing happened,
20:03
just living his life. Oh wow. So when the victim's wife got
20:14
on the stage, I also read hers and my heart goes out to her
20:22
where she was saying that they asked her, how did your husband sound,
20:32
did he sound like he was in any distress or anything? How did he
20:36
sound? And she said normal that you know he wasn't under no distress or
20:44
anything. So I also read that the witness said that you, Juan Johnson,
21:02
did not rob him, but my but you was charged with you,
21:10
uh felony murder, and under my stand in Colorado murders felling, the murder
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statue is that you have to commit a felony in order to be convicted of
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felony murder? Am I right? Or am I wrong? So so pretty
21:34
much when he was understand, I mean, when she's understand, I'm gonna
21:40
talk about uh, Roberta's white first when she was understand it was waiting fact
21:48
first. When when uh the witnesses understand, he say, but me and
21:56
Roberto was fighting over the door for me to get actually listen to the car,
22:00
which is another riding made up. Uh. So, and he was
22:04
on the phone at this time with his wife. Uh. And so when
22:10
they asked their wife, how is his sound when he got off the pound,
22:14
she said that he was after he was Mama, he said, I
22:18
love you just to know he and I behind. So she said hurry because
22:23
the food is cooked food for you. That's what she said. Understand.
22:27
So there was no fighting over the door because, like I said, this
22:30
is another story had't made up. And yes, I'm gonna have to call
22:37
you right back. Okay, So right now I am talking to my husband,
22:47
Jayan Johnson. He's currently incarcerated in Denver on a road. I it
22:57
kind of reading his trend scripts and talking through to him. It's it's unbelievable.
23:08
It's unbelievable when you have a detective saying that the first person to the
23:18
that that gives that that implements someone wins instead of going basing off the truth.
23:30
You have no search warrant. You never went to the house, went
23:34
to his house or his business to see if, if if you can find
23:45
any evidence putting him on a scene or or anything. You know, it's
23:48
just it's just mind boggling. And I just didn't understand it. I just
23:59
don't understand it. Wand you're back. So I was just sharing, you
24:08
know, just sharing my little thoughts. You know, I'm still a little
24:14
nervous, and you know, this is our first time really speaking like out
24:18
like this, but it just it's just mind boggling when you know, reading
24:27
your transcripts and talking to you, listening to your your case and stuff,
24:36
how you can actually be charged with felling me murder? And the witnesses on
24:42
the stand saying that wine didn't rob me. Yes, you said that,
24:52
and so so understand and they asked him, uh, you know why,
24:59
Joshu, He says no, So that would be one of the elements that
25:03
has to be proven in the court, in the court of by the prosecution
25:08
and by me not being ever being charge of the robbery. Another defended his
25:15
robbery, which is one of the elements again for Fellerily murder. So it
25:19
has to be And I am built if I'm maney, I can lead Colorado
25:26
fallery murder. Ruse states where the prosecution must prove to render a conviction of
25:32
fellerly murder in Colorado, and he says good. Only two elements of prosecutor
25:37
must prove for a conviction of Fellerly murder to hold a felling us too,
25:41
that it was attempted in a person not participating and defenerity was killed. Well,
25:48
it says the two elements above must be present for a federally murdered in
25:52
charge. A conviction requires proof beyond a reason a doubt of homicide which I
25:57
was found not guilty of, bre the felony which I was never charged with
26:03
in my charging documents, and the connection between the between both of the crimes
26:08
must must be together. And they said mohamside must be proven to beyond the
26:12
reason without and the underlying felamy must be proven to beyond the reason without.
26:18
So that's what makes this felony murder conviction that I'm that I'm convicted of illegal
26:25
because again I was found out guilty of murder and I was never charged little
26:29
felony, which the prosecution said around the hunter. So if it's if you
26:37
need a felony to go with the murder, to have to get felony murder
26:45
under their statue, you have to have underlying felony, right, yes,
26:52
So why wasn't you Why wasn't you able to against the robbery charge because I
27:04
was never charged with it. So how did you get when I was when
27:10
I was charged with murder? The public defenders, the attorneys that I had,
27:15
we defended against the murder, which was the prosecution home uh uh the
27:22
prosecution Manny spoke on that Roon Joson committed murder. There was never that Roon
27:29
Joson committed robbery, but he mentioned it in the trial in passing saying that,
27:34
oh Jan Jason committed murder, committed murder, Oh he'll by the way,
27:38
and the commission of alevating robbery. So when when this is going on,
27:44
abalvator robbery is one robbery. But when when I finished, when the
27:48
when we was at the end of the trial and the Joss gift for uh
27:53
jury, what you don't I just I just want to go back real quick.
28:00
So because you know this, you know, even when we talk you,
28:06
I always go back to it because this robbery robbery? How can you
28:12
How can someone mentioned the word robbery, the DA mentioned robbery and not and
28:21
they won't give you a chance to defend against it or you know, are
28:26
you You wasn't in charge with it, So how can you defend against something
28:33
just by word of mouth? I don't I don't have a clue. I've
28:40
been petitioning the court. I had to do it myself because Amayer process of
28:56
petition in the so every time I petitioned them. But they're not answering my
29:06
my my issues. But they're going around and saying that Oh, it should
29:12
have been brought up before when I had a appeals leader which never brought up
29:18
anything about the funding murder. He brought up issues about the rally, uh,
29:23
protective posting on the Ryan witness and different things of that nature, but
29:29
never anything about funding murder. So the courture told me that I procedurally bought
29:34
from bringing up the fact that I was another charged with Robin when I've convicted
29:40
of family murder without a murder uh, a conviction of the family which is
29:47
rob boll How can you not bring that? How come the courts uh it's
29:53
saying that you can't bring that out once again? You know, that's just
29:59
that's just my just blowing my mind right there, that this is their law
30:07
and they're saying that you have to have an underline felony in order to tie
30:14
it. In order for it to be felony murdered. They need to do
30:21
that. The felony have to go with that, the underlying have to go
30:25
with that. So how could they not charge you for for that? Well,
30:36
they didn't charge you for that, but how can they not let you
30:40
defend against something that you you know that they saying that you did by the
30:45
word of mouth. They just mentioned the word robbery. So oh so now
30:49
we're gonna throw robbery off in there. How can that you? I mean,
30:59
like, come on, let's make it make sense. It don't make
31:03
sense again, I was found by guilty of murder or first agree murdered by
31:08
a jewry of twelve. I was never charged of trying or convicted of a
31:17
seventy which is required for seveny murder. And like I said when I was
31:22
going through twelve, Uh, the DA am a prosecutor with mintioning but agnivotal
31:32
robbery. But they're gonna prove aggregate to robiley. But again it never charged
31:36
me with any robbery. When when they passed out to Julia instructures, the
31:41
Juilli instructure have the instruction of a simple robbery, so that would be two
31:47
different robberies. But they're mentioning in my pride at this time. Well again,
31:52
uh, they give a vertic time for murder. They gave me a
31:57
vertet time. They gave a vertic time for murder in the first lee.
32:01
They are still give a vertictime for felmy murder. But they never gave a
32:06
feller. They never gave a verdict time for a robbery because it was never
32:13
charged. Now they charged me with the murder and everything, and they had
32:16
a murdy confident. But all I'm asking the court here is how do I
32:22
how am I to get through this felly murder when again, uh, none
32:25
of these none of these laws or RUSS follows. But again they never addressed
32:32
my issues. They only go around it to say, but, oh,
32:36
it should have been brought up here, your procedure, borrow your your your
32:39
case is successive because it should have been brought up before. So they never
32:45
answered none of my emotions or petitions that I petitioned the court. So it's
32:54
been a back and forth I've been in my felty five. See he went
33:00
up by the way to the United States District Court and they said that they
33:04
can't address my issue because they wouldn't have exhausted in the state courts. And
33:10
this is what I've been dealing with throughout this time. Uh, you know,
33:15
went back and forth with these corps. So pretty much they're treating me
33:19
as I as I am a professional attorney and telling me that they're not going
33:25
to hear my case. Yeah, and also and also I was looking at
33:37
your your charging documents. I was looking at the the the verdict forms,
33:45
I was looking at the jury instructions and stuff, and I noticed that in
33:53
the jury instruction for robbery, it doesn't have the victim's name in it,
34:09
and it has the witness name in it. The judge gave uh an instruction
34:17
on robbery with the witness name in it, and on the charging document right
34:30
here you it has the the victim name in it. But on in the
34:39
journey struck instructions that the judge gave, it had the witness name in it.
34:50
And when the witness was on the stage, the witness said, Ryan
34:53
Johnson did not rob me, right, So how is that? How?
35:05
Now? You know? It's just like I still I still don't Understan,
35:10
I still don't understand. Did you exalt? We have a question, did
35:19
you exalt all your kills? Right now? I mean, right now in
35:27
the Supreme Court, I have I have a claim the District court Appeals Court
35:34
di not for double jeoffardy because I've seen in addition a double jeopardy plan.
35:40
So I am the court right now waiting on a decision. Okay, okay,
35:49
So you know it's just like it just blow it just blows my mind
35:52
that you have all these wrongful conviction men and women serving time on wrongful con
36:07
wrongful convictions, you know, bens By just by a word of mouth because
36:13
somebody making up stories. Are you know, the the d A or the
36:20
prosecutors just wanna just you know, just just want to win a case or
36:29
whatever they're doing. And it just it just blows my mind that you can
36:32
actually take away somebody freedom for something they didn't do. An manu faction at
36:43
a fractures there have case le h has been overturned due to the fact that
36:52
the Finch was overturned. Uh one question that I have Uh he was uh
37:01
uh a putting it of the predicate offense. But he was still convicted of
37:07
for charge. But when he went to the Supreme Court, the Supreme Court
37:14
overturned it because there was no predicate offense. Okay, But okay, so
37:22
the Supreme Court, now you said they overturned his case because it wasn't no
37:28
predicate offense, right, So you, I mean, you don't but what
37:36
they charge you doesn't the crime that they have you in there on the what
37:42
the charges they have you in there on you it's not a predicative offense.
37:46
You didn't get the chance to defend against the the the robbery charge. No,
37:54
no, and you know again with your charging documents. I'm gonna just
38:07
show this as you can see, this is the charging document and you can
38:14
see the chargings. Okay, the charges on there and it's not it's nothing
38:21
on their pertaining to robbery. Those are the two charging documents. That's the
38:29
charges that he was charged with. Well, thank you one for sharing some
38:37
of your story with us on this evening. I would like for you to
38:44
come back again and sit with me and talk with me and stuff and things
38:51
and stuff. We're where, we're not nervous. This is the first time
38:57
that I was I spoke out against something. I always was a listener.
39:09
I never was a talker. I just sat back and I just listened.
39:14
But things like this, it needs a voice. We have men and women
39:21
that's incarcerated that doesn't have a voice, that what I mean, that don't
39:27
have a voice, that don't have family members or anyone that can speak out
39:32
on their behalf. And this is the reason for this platform. If you
39:43
know someone, are you just want to come in and sit down and talk
39:45
to me, call me, you know, I would. I would love
39:50
to have you. We need to stand up against this people that the officers
39:57
are getting away with killing people every day and they have body camera to see
40:07
it. Just in Denver last month, the verdict came back when they killed
40:14
this young African American man, Elijah. I want to say about two a
40:21
year or two ago. One and two of the officers was found uh was
40:30
acquitted and one officer, one officer was found guilty. You know what his
40:40
sentence was. He's out with a with an anklet on his wrist, on
40:47
his leg. Six months, six months probation, six months probation. Here
40:59
you is you. You have men and women behind the wall behind that's locked
41:05
up with and they don't have they didn't commit these crimes. When are we
41:15
gonna stand up and say enough is enough? When are we gonna use our
41:21
voice for something positive instead of talking about people using our tongue going Because your
41:30
tongue is the most deadly thing on your body. We can either use it
41:37
to speak life or we can speak death. And I'm gonna use minds to
41:42
speak life into someone. I thank you guys for joining me on today and
41:52
let me talk, letting you know, get get used to this feeling.
41:55
I thank you, and I hope that you guys join me again on Let's
42:00
Talk about It. You can join me on the first and third Monday of
42:06
the month at eight pm Eastern Standard time and five pm Pacific Standard time.
42:14
Remember, use your voice and speak up, even if it be even if
42:21
it gets shaky. Thank you once again, and please join me again on
42:25
Let's talk about It. Have a blessed night, Let's talk about it.
42:35
What's your hope? Shenet Johnson join me every first and third Monday of the
42:39
month at eight pm Eastern Standards