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Despite claims of innocence, Carol Heath's daughter says Stacey Johnson is guilty
SHE WITNESSED THE MURDER OF HER MOTHER, BUT COURT DOCUMENTS SAY SHE MAY HAVE BEEN PRESSURED BY FAMILY AND PROSECUTORS TO HELP CONVICT STACEY JOHNSON
By Katlyn Gardenhire and Michael Buckner
thv11.com
LITTLE ROCK, Ark. (KTHV) - The Heath family have been waiting for Stacey Johnson to be executed for 2 decades and now that Johnson’s execution date has come and gone, they feel they may never get justice for their loved one.
Ashley Heath's mother, Carol Heath, was murdered in 1993 in her duplex apartment in DeQueen. She was beaten, strangled, and her throat was slit while her two young children watched. At the time, Heath was only 6-years-old and her brother Jonathan was only two.
Stacey Johnson was convicted for the murder of Heath's mother, but was given a stay of execution Thursday so his attorneys could argue for new DNA testing in the case. Johnson was originally set to be executed that evening.
While Johnson maintains his innocence, Heath said she knows he murdered her mother.
"He beat my mom, he raped my mom, he strangled my mom, he cut my mom's throat," Heath said. "There was blood everywhere, there wasn't a part of the living room that didn't have blood on it."
Attorneys for Johnson have called into question Heath's testimony at his second trial. His first conviction was overturned after Heath had been found "not mentally competent" to testify due to her age. During the second trial, she was allowed to testify after Johnson's defense was not allowed to see documents from Heath's second therapist.
Johnson's defense was able to unseal those documents after his second conviction was affirmed by the Arkansas Supreme Court. In those documents, it was discovered that her therapist said Heath's stories were "profoundly inconsistent" and had been under pressure from her family and the prosecutor to convict Johnson.
In a dissenting opinion, Justice Robert L. Brown gave several samples of the therapist's notes. The therapist wrote that the district attorney at the time told Heath she was the only one that could "keep [Johnson] behind bars." Her therapist also said that at times she was "parroting" other family members.
"Her grandmother told Ashley that she 'has to keep him behind bars,'" said the therapist in her notes.
According to the notes, the therapist claimed that Heath's grandmother "emphasized" how much responsibility was on Heath's shoulders and that if Johnson's sentence was overturned, "Ashley will feel total responsibility."
But, Heath said that even to this day she's scared of Stacey Johnson.
"With Stacey Johnson, it's getting to the point where I'm just done. I'm fed up, I'm sick of coming up here," she claimed.
Since Johnson was granted a stay of execution she feels there's no justice in Arkansas.
"I feel like if you're going to give somebody the death penalty, you should carry it out," she said. "If you don't want to do the death penalty anymore, you should give life in prison as the final punishment."
As for the lawyers and judges granting these stays, she thinks they're giving prisoners a second chance they don't deserve.
"It makes Arkansas look like you can go out and do the most destructive and hatred crime in Arkansas and get away with murder," she said emotionally.
Johnson's attorneys have asked for new DNA testing because they claim his original trial didn't allow for testing of sexual assault evidence. The attorneys also assert that Heath's boyfriend at the time had a history of domestic assault, but police never investigated him.
During the investigation of Carol Heath's murder, it was discovered she had been bitten on one of her breasts. The ex-wife of Heath's boyfriend testified that he abused her during their marriage, which included biting her breast at one point.
"This is not some sort of last-minute, hail mary pass," said Bryce Benjet with the Innocence Project. "Johnson asked for DNA testing in earlier appeals, but those requests were denied by state and federal courts. There have been revolutionary advancements in DNA testing since this case was initially investigated which could tell once and for all who actually committed this crime."
Despite the new motions to prove Johnson's innocence, Heath said she knows Johnson is guilty and she wants justice for her mom.
"Pull up all the crime scene photos of all the victims and tell me if any of these men deserve any clemency," she said.
While the law has promised closure in the form of executions, the Heath family still have an open wound from the death of Carol Heath that they wish they could close shut.
http://www.thv11.com/news/local/desp...ilty/433288561
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Arkansas Death Row Inmate Seeks DNA Retesting in Murder Case
An Arkansas man who was previously scheduled for execution is pleading for additional DNA testing to prove he's innocent in a 1993 murder.
DE QUEEN, Ark. (AP) — An Arkansas death row inmate is pleading for additional DNA testing to prove that he didn't kill a young mother in 1993.
Stacey Eugene Johnson has been twice convicted of killing Carol Heath. He was among eight inmates who were scheduled for execution in April, but the Arkansas Supreme Court granted a last-minute stay so he could seek further DNA testing in his case, the Texarkana Gazette reported. Three others also received stays and the other four were executed.
Witnesses at Wednesday's hearing in De Queen discussed the improvements in DNA testing since the original tests were run nearly 25 years ago.
"We've established that modern DNA testing methods can prove Mr. Johnson's innocence, and Arkansas law clearly established that Mr. Johnson is entitled to that testing," said Karen Thompson, a senior staff attorney with the Innocence Project, a nonprofit legal organization that works to overturn wrongful convictions.
Prosecutor Bryan Chesshir defended the DNA testing methods used in the case.
Evidence that could be tested includes hairs, swabs taken from the victim's wounds and other body parts, fingernail samples and clothing worn and used by the suspect during the murder.
Heath's death was caused by a throat cut, strangulation and blunt-force head injuries, said Dr. Frank Peretti, an associate medical examiner for the State Crime Lab.
Peretti said the DNA in hairs found on Heath's body matched Johnson's. The state Supreme Court ruled in 2006 that the hairs were retested three times.
"The final DNA test of the hairs indicated a statistical frequency distribution that the genetic material belonged to someone in the African-American population other than the appellant (Johnson) was 1 in 20 million," the ruling stated. "Another retest is not necessary."
If the appeal for retesting and the process fails to discover new evidence, Johnson's family said they'll try to clear his name even if he is executed.
https://www.usnews.com/news/best-sta...in-murder-case
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Judge denies death row inmate's bid for more DNA testing in SWAR murder case
By Marie Waxel
KSLA
DE QUEEN, AR - A circuit court judge has denied a request for more testing and retesting of evidence against a Southwest Arkansas man who is on the state's death row.
Stacey Eugene Johnson has been convicted in two separate trials in connection with the brutal 1993 murder of DeQueen, Ark., resident Carol Heath.
After more than 20 years, the Arkansas Supreme Court granted a stay of execution for the DeQueen man just days before his scheduled execution in April 2017.
The Innocence Project, a group of attorneys working with death row inmates throughout the country, took on Johnson's case in hopes of getting the 48-year-old man a new trial.
He petitioned for new DNA testing in November.
The circuit court judge denied his request earlier this month.
"It was a ruling we expected based on the evidence," prosecuting attorney Bryan Chesshir said. "It was a ruling based on law. It is based on all the previous appearances he has had on the hearings."
When contacted by KSLA News 12, Johnson's wife said she was unaware of the judge's decision.
There also has been no response to KSLA News 12's requests for comment from the Innocence Project's senior staff attorney in New York.
said .
Today's techniques and methods of testing are the same that were used in Johnson's trial in 1997, the judge opines in the ruling.
Furthermore, the ruling states, no new evidence has become available since Johnson's retrial.
"He had two jury trials. He had the opportunity to test all these items year after year and chose not to until right before it was time for his execution, which appeared to be a delay tactic," Chesshir said.
The prosecutor expects Johnson's defense team to appeal the circuit court judge's but is confident the outcome will be the same if the case reaches the Supreme Court.
"At that point and time, he will be put back in line for his execution," Chesshir said.
http://www.ksla.com/story/38300231/j...as-murder-case
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Arkansas death row inmate asks court for new DNA testing
The Associated Press
An Arkansas death row inmate who was spared from execution two years ago is asking the state Supreme Court to allow new DNA testing of evidence that his attorneys say could exonerate him.
Attorneys for convicted murderer Stacey Johnson and for the state appeared before the Supreme Court Thursday over the testing requested of evidence from the 1993 killing of Carol Heath. Johnson is appealing a lower court's ruling denying the request for additional testing.
Johnson was one of eight inmates Arkansas sought to execute in April 2017 before the state's supply of a lethal injection drug expired. Johnson and three other inmates were spared by the courts.
Arkansas doesn't have any executions scheduled. The last of the state's lethal injection drugs expired in January and the state has not replaced them.
https://katv.com/news/local/arkansas...ew-dna-testing
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Arkansas Court Denies Death Row Inmate's Bid for DNA Testing
LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court ruled Thursday that a death row inmate who was spared from execution two years ago is not entitled to new DNA testing of evidence that his attorneys say could exonerate him.
In a 5-2 ruling, justices upheld a lower court ruling denying convicted murderer Stacey Johnson's request for additional testing of evidence from the 1993 killing of Carol Heath.
Johnson's attorneys argued that there were major limitations in DNA testing when Johnson was convicted of killing Heath. The items they want tested include the rape kit and a towel that was found at the scene.
Johnson was one of eight inmates Arkansas sought to execute over an 11-day period in 2017 before its supply of a lethal injection drug expired. Johnson and three other inmates were spared by the courts and Arkansas ultimately put the other four men to death.
Arkansas doesn’t have any executions scheduled. The last of the state’s lethal injection drugs expired in January and the state has not replaced them.
https://www.usnews.com/news/us/artic...or-dna-testing
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Arkansas court rejects Stacey Johnson's petition for new DNA testing
By Associated Press
The Arkansas Supreme Court says it won't reconsider its ruling rejecting a death row inmate's request for new DNA testing of evidence that his attorneys say could exonerate him.
Justices on Thursday, Feb. 20 rejected Stacey Johnson's petition for rehearing over the court's decision last year that he wasn't entitled to additional testing of evidence from the 1993 killing of Carol Heath.
Johnson was one of eight inmates Arkansas sought to execute over an 11-day period in 2017, but he and three other inmates were spared by the courts. The state put the other four men to death.
Stacey Johnson remains on death row, but the state has no executions scheduled and no supply of drugs.
It's an on-going federal case, challenging its three-drug protocol.
https://www.thv11.com/article/news/c...5-9d786666cf97
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State officials ‘working closely’ on execution dates
While no time estimate was provided on when executions may continue in Arkansas, the office of Arkansas Attorney General Leslie Rutledge said they are working with Gov. Asa Hutchinson and the Arkansas Department of Corrections (ADC) to “ensure justice.”
U.S. District Court Judge Kristine Baker with the Eastern District of Arkansas ruled June 1 that Arkansas could continue with a three-drug protocol – midazolam, vercuronium bromide, and potassium chloride – to administer a death sentence by lethal injection. The ruling allows state officials to set, and reset in some cases, execution dates for death row inmates.
“As the Attorney General, I enforce the laws in the State and bring justice for families who have long been devastated at the hands of these murderers. Today’s final judgment reaffirms the constitutionality of Arkansas’s execution protocol.” Rutledge said following the June 1 ruling.
The AG’s office told Talk Business & Politics that death row inmates Don Davis, Jack Greene, Stacey Johnson, Timothy Kemp and Bruce Ward “have exhausted the legal process and are eligible for execution.” Ward, 63, was sentenced Oct. 18, 1990. Davis, 57, was sentenced March 6, 1992. Greene, 65, was sentenced July 1, 1999. Johnson, 50, was sentenced Sept. 23, 1994. Kemp, 59, was sentenced Dec. 2, 1994.
The AG’s office would not provide details on execution date discussions or provide a time frame for when executions might begin.
“The Attorney General is working closely with the Governor and the Arkansas Department of Correction to ensure justice for the victims and their families,” noted a statement from AG Communications Director Amanda Priest.
Greene was set to be executed in November 2017, but received a last minute reprieve from the Arkansas Supreme Court based on a need to assess his mental competency. Greene was convicted for the 1991 murder of 69-year old Sidney Burnett, a preacher living in Knoxville in Johnson County.
Gov. Hutchinson in 2017 set execution dates two at a time over an 11-day period starting April 17 and ending April 27. However, stays of executions were granted for Davis, Ward, and Johnson. Eventually executed that year were Ledelle Lee (April 20), Marcel Williams and Jack Jones (April 24) and Kenneth Williams (April 27).
According to the ADC, there are 30 people on death row. Of those, 15 are white, 14 are black and one is Hispanic.
https://talkbusiness.net/2020/06/sta...ecution-dates/
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The Eighth Circuit has denied a petition sought by Arkansas inmates Jason McGehee, Stacy Johnson, Bruce Ward, Terrick Nooner and Don Davis, subpoenaing the Nebraska Department of Corrections for information on their death penalty protocol in order to prove that Arkansas’s death penalty violates the Eighth Amendment.
https://law.justia.com/cases/federal...020-08-06.html
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Petition for writ of certiorari filed to SCOTUS on July 15, 2020.
https://www.supremecourt.gov/search....lic/20-48.html
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