Gary V. Johnson Case

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Gary V. Johnson # 176308

Gary V. Johnson was accused of murder and robbery of a hotel clerk.

Tha case against Gary Johnson was purely circumstantial. There were no eyewitnesses to the crime, no fingerprints or any physical evidence was found linking Mr Johnson to this crime, no murder weapon was found on him, and none has ever been found.

In the more than 20 years Gary V. Johnson has been incarcerated on Death Row no confession has ever been extracted from him.

No alibi witnesses were ever interviewed by the defense. But since his conviction, one alibi witness has come forward to support Mr Johnson's testimony with a sworn Affidavit of his whereabouts.

The State withheld Key Evidence that two other people were illegally in the building at the time of this crime, and were seen running away minutes after it occurred, to a getaway car.

Note: None of Gary Johnson's fingerprints were found on the cash box, or in either of the offices broken into, and of the twelve doors he would have had to come through and gone out of, NOT ONE FINGERPRINT was found belonging to Mr Gary Johnson, although the record is clear that he wore no gloves that day.

Gary V. Johnson is currently on Death Row in Youngstown, Ohio.

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Information on Gary V. Johnson's appeals, taken from the website of the Ohio Attorney General, Jim Peto.


Death Penalty Appeal - Detail Jim Peto Attorney General State of OhioJohnson, Gary V.County: Cuyahoga

Summary of Crime: On 4/26/83, Johnson murdered 26-year-old Eunice Graster at the Reno Hotel in Cleveland. Ms. Graster was a desk clerk at the hotel owned by Johnson's father. Johnson shot Ms. Graster and stole money from the hotel's office.

Ohio / State Procedural History

Original Trial
Indictment: 05/04/1983
Sentence: 01/02/1987

First Review of Original Trial
(Direct Appeal)
Court of Appeals Decision: 04/28/1988
Supreme Court Decision: 10/18/1989
First U.S. Supreme Court Review: 03/19/1990


Second Review of Original Trial
(Post-Conviction Action)
Filed in Trial Court: 10/03/1990
Trial Court Decision: 08/14/1995
Court of Appeals Decision: 08/29/1996
Supreme Court Decision: 01/15/1997
Second U.S. Supreme Court Review:

Re-Examine First Review/Original Trial
("Murnahan" Appeal)
Court of Appeals Decision: 02/17/1994
Supreme Court Decision: 08/03/1994

U.S. / Federal Procedural History
Request Writ of Habeus Corpus
U.S. District Court in Columbus
Judge: Nugent

Prisoner's Notice of Intent: 04/08/1997
Prisoner's Petition: 06/30/1997
State's Return of Writ: 09/02/1997
Prisoner's Traverse: 10/17/1997
Evidentiary Hearing:
District Court Decision: 11/02/1999

Review of Habeus Corpus Decision
U.S. 6th Circuit Court of Appeals
Notice of Appeal: 03/16/2000
Prisoner's Final Brief:
State's Final Brief:
Oral Argument:
Court of Appeals Decision:

Third U.S. Supreme Court Review
U.S. Supreme Court
Certiorari Petition:
Brief in Opposition:
Supreme Court Decision:



Current Status: ( as of: 12/31/2005)

Status In State Courts: No proceedings currently pending in state court.Status In Federal Courts: Case is currently pending a decision in the 6th Circuit Court of Appeals on Johnson's petition for rehearing en banc.

Case Notes:

On 10/18/89, the Ohio Supreme Court affirmed Johnson's conviction and death sentence on direct appeal. On 11/2/99, the federal district court denied Johnson's petition for a writ of habeas corpus.

On 3/16/00, Johnson filed a notice of appeal to the 6th Circuit. On 10/7/03, the 6th Circuit remanded to the district court for further review of Johnson's claims.

On 3/15/04, the district court denied Johnson's motion for certificate of appealability.

On 8/30/05, the 6th Circuit partially granted Johnson's motion for certificate of appealability and issued a briefing schedule.

On 9/13/05, Johnson filed a petition for rehearing en banc. On 10/6/05, the State filed a response.

On 10/14/05, Johnson filed a motion to hold case in abeyance pending resolution of his petition for rehearing en banc.


Days Since Death Penalty Imposed: 6938 (as of: 12/31/2005

[Eunice]

Gary Johnson murdered Eunice Graster becasue he was obsessed with her. He could have just as easily stole the money without a confrontation. This was his fathers hotel so what is the most that could have been done to him for stealing the money.? He had stolen money from him before. Gary, I know you were in love with Eunice...She was the most beautiful woman in the world.