Innocence Fact Sheet

[Gary V Johnson]

The following was sent to us by a supporter of Mr. Johnson.


INNOCENCE FACT SHEET


GARY V. JOHNSON


Was accused of murder and robbery of a Hotel Clerk.


Is another victim of the American Justice system, wrongly convicted?


The case against Gary Johnson was purely circumstantial


NO FINGER PRINTS of Gary V. Johnson have been found at the crime scene.


There were NO EYE WITNESSES to the crime.


There is NO PHYSICAL EVIDENCE linking Gary V, Johnson to this crime.


No murder weapon was (ever) seen on Gary V. Johnson.


No murder weapon has ever been found,


NO CONFESSION has ever-been extracted from Gary V. Johnson in 18 years.


NO Alibi Witnesses were ever interviewed by the defense.


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 this crime to a get away car.


This means that NONE of Gary Johnson’s finger prints were found in the cash box or in either one of the offices broken into.

Furthermore, of the twelve doors he would have had to come in through and gone in and out of, NOT ONE finger print was found belonging to Mr. Gary Johnson!


Not one fingerprint was found belonging to Mr. Johnson and the record is clear that he wore no gloves that day.

[scotkaz]

Hi there

Where is Gary? And do you have more info on his case?

sounds so typical of wrongful convictions

[MXB]

He's in Youngstown, another black guy, need I say more!

[khadijahmalik]

Please help Gary Johnson/Sha'bba Malik he is innocent.

[MXB]

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)

[khadijahmalik]

My father told me and our mother that he has a to do a brief on July 24th and then the state has got 3 months and then 3 judges have an argument and then they dicide if my father can come home and I hope he can come home soon.

from Khadijah Malik

[MXB]

Thanks for telling us this Khadi...and best wishes to your Dad.

Malc