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Thread: Stacey Eugene Johnson - Arkansas Death Row

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    Stacey Eugene Johnson - Arkansas Death Row


    Carol Heath




    Facts of the Crime:

    Carol Heath was brutally murdered in her duplex apartment in DeQueen on either the night of April 1, 1993, or the early morning hours of April 2, 1993. She was beaten, strangled, and had her throat slit while her two young children, Ashley, age six, and Jonathan, age two, were home. The facts regarding the murder and its aftermath are gleaned from pretrial and trial testimony.

    http://murderpedia.org/male.J/j/john...cey-eugene.htm

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    February 16, 2010

    May Execution Date for AR Death Row Inmate

    For the third time since last month, an execution date has been set by the governor for an Arkansas Death Row inmate.

    Governor Mike Beebe today set May 4th as the execution date for Stacey Eugene Johnson, 40. Johnson was convicted of the 1994 murder of Carol Heath in De Queen and sentenced to death.

    On January 25th, Beebe set April 12th as the execution date for Don W. Davis, 47. Davis was sentenced to death for killing a Rogers woman in 1990.

    On January 14th, Gov. Beebe set a March 16th execution date for Jack Harold Jones, 45. Jones was sentenced to death for raping and killing Mary Phillips and attempting to kill her 11-year-old daughter Lacey back in 1995.

    Last month, Arkansas Attorney General Dustin McDaniel had asked the governor to set execution dates for Jones, Davis and Johnson.

    The last time Arkansas executed an inmate was in November 2005.

    Executions in Arkansas had been put on hold while the U.S. Supreme Court heard a Kentucky case challenging the lethal injection procedure.

    http://arkansasmatters.com/content/n...ext?cid=292641

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    March 29, 2010

    Death row inmate Stacey Johnson makes case before parole board

    A man sentenced to die for killing a De Queen woman by slashing her throat while her young children were home denies committing the crime and asked to be saved from the death penalty.

    Stacey Eugene Johnson, 40, told the Arkansas Parole Board meeting in Varner Monday that he didn't kill Carol Jean Heath and asked the board for clemency. He said he was on his way to Alburquerque, N.M., when Heath was killed.

    Johnson's attorney, Jeff Rosenzweig, said evidence that another person may have committed the murder was excluded from Johnson's trial and that a judge prohibited retesting of DNA evidence.

    Johnson is to be executed May 4.

    A clemency recommendation by the board would be sent to Gov. Mike Beebe to approve or reject.

    http://www.todaysthv.com/news/news.aspx?storyid=101836

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    March 30, 2010

    Victim's family: "Justice is the death penalty"

    A death row inmate wants his scheduled execution stopped. Stacey Johnson, 40, is asking for clemency saying new evidence could clear him of the brutal murder of a mother in front of her children. But her kids are all grown up now and want Johnson to die for his crime.

    Melissa Cassidy addressing the parole board about her sister Carol Heath who was murdered in April 1993 at her home in DeQueen.

    “She was my only sibling,” Cassidy said fighting back tears. “We were best friends. She died way too young and she should not have died.”

    Heath’s killer Stacey Johnson is asking to be spared lethal injection on May 4, saying DNA retesting could prove his innocence. But the state says retesting has already strengthened his guilt.

    “That DNA ratio grew substantially after retesting,” Lauren Heil with the attorney general’s office said. “From 1 in 250 to 1 in 720 million.”

    “People can lie, people can hide stuff,” prosecuting attorney Bryan Chesshir says. “But DNA doesn’t lie.”

    In addition to DNA, Heath’s six-year-old daughter saw the crime happen and identified Johnson twice in a photo lineup. Now almost 23, she is still a protected witness so we could not show her face during the hearing.

    “The only reason these two kids are alive today is because she was smart enough at six years old to grab her two-year-old brother and hide in the closet,” Chesshir says.

    However, her aunt left no mistake on where the family stands.

    “Stacey Johnson does not deserve clemency for taking my sister away, not just from me, but from my parents and her children,” Cassidy says.

    Heath’s daughter was too overcome with emotion to read her prepared statement. However an attorney read the statement for her and told the parole board she suffers from a list of psychological dysfunctions from witnessing her mom's murder on her 6th birthday.

    The parole board could make their decision on whether to recommend clemency as early as tomorrow. If they do, Governor Beebe has the final decision on whether to grant it.

    http://www.cwarkansas.com/news/local...Z4L8_8VOA.cspx

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    April 1, 2010

    Board rejects convicted killer's clemency request

    LITTLE ROCK, Ark. (AP) - The Arkansas Parole Board has unanimously rejected the clemency request of a death row inmate convicted of killing a De Queen woman in 1993.

    The decision released Wednesday and dated Monday shows all six members of the Parole Board agreeing that 40-year-old Stacey Eugene Johnson's death sentence should not be reduced.

    Johnson is to die by lethal injection on May 4 for the death of Carol Jean Heath. Heath was killed in her home - her throat slashed - while her 6-year-old daughter and 2-year-old son hid in the home.

    Johnson on Monday asked for clemency - saying he did not kill Heath and was on his way to Albuquerque, N.M., at the time of the crime.

    Heath's daughter - Ashley Heath - asked that Johnson's execution be carried out as scheduled.

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    April 5, 2010

    Judge stays executions for 2 death-row inmates

    A federal judge today stayed the scheduled executions of 2-death row inmates who joined a lawsuit challenging Arkansas' lethal injection procedure.

    U.S. District Judge Leon Holmes dismissed the lawsuit but stayed the executions of condemned killers Don W. Davis and Stacey Eugene Johnson pending appeal. Davis was set to die April 12 and Johnson was scheduled to die May 4.

    Last month, death-row inmate Jack Harold Jones Jr. filed a lawsuit challenging the state Methods of Execution Act, approved last year by the Legislature. The lawsuit claims the law is unconstitutional because it hinders his ability to pursue a legal claim by denying him access to the actual lethal injection protocol that will be used to execute him.

    Holmes agreed to hear Jones lawsuit and stayed his scheduled March 16 execution. Davis, Johnson and 4 other death-row inmates later were allowed to intervene in the case.

    In today's ruling, Holmes described the lawsuit as "speculation," but granted the stays for Davis and Johnson because he had previously granted a stay for Jones.

    "The issues raised are serious and the plaintiffs are entitled to appeal the dismissal of their complaint," Holmes wrote. "Absent a stay of execution, Davis and Johnson could suffer irreparable harm. The balance of harm and public interest support a stay of execution."

    Davis was convicted of capital murder and sentenced to death for the 1990 execution-style slaying of Jane Daniel of Rogers.

    Johnson was sentenced to death for the 1993 slaying of Carol Health, who was killed in her De Queen apartment.

    Jones was sentenced to death for raping and killing Bald Knob bookkeeper Mary Phillips in 1995. Phillips' daughter also was severely beaten in the attack.

    (Source: The Arkansas News Bureau)

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    April 10, 2010

    Appeals court lifts stay of Momday execution in Arkansas


    LITTLE ROCK, Ark. (AP) — A federal appeals court has lifted stays of execution for two Arkansas death-row inmates, one of them scheduled to be put to death Monday.

    A three-judge panel of the 8th U.S. Circuit of Appeals, in a 2-1 decision, on Friday decided to lift the stays that had been imposed last Monday.

    Jeff Rosenzweig of Little Rock, lawyer for one of the inmates, Stacey W. Johnson, said he would ask for reconsideration of the matter by the full 8th Circuit Court, "and if that's unsuccessful, we'll go to the U.S. Supreme Court."

    The other inmate involved in Friday's ruling by the 8th Circuit, Don W. Davis, is scheduled to be executed Monday. He was given the death penalty for the 1990 execution-style slaying of Jane Daniel of Rogers. His lawyer, Deborah R. Sallings, did not immediately return a call seeking comment.

    http://www.fox16.com/news/state/stor...Ark/Y1D5XAy_xE

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    April 30, 2010

    Court Stops Execution Set For Tuesday

    Little Rock, AR (AP) - The Arkansas Supreme Court has stopped next week's scheduled execution of a man convicted of killing a DeQueen woman in 1993.

    In an unsigned order, justices stopped next Tuesday's execution.

    Forty-year-old Stacey Johnson was condemned in the death of Carol Jean Heath and the state Parole Board last month rejected Johnson's clemency request. Heath's throat was slashed while her young daughter and son hid in her home.

    Courts are considering whether protocols governing executions are constitutional. Justice Elana Wills did not participate in the decision. She formerly worked for the attorney general's office, which represents state government.

    http://www.katv.com/news/stories/041...ss_news_731033


    Supreme Court halts Johnson execution

    The state Supreme Court on Thursday stayed next week's scheduled execution of a death-row inmate convicted of killing a De Queen woman in 1993.

    Stacey Johnson was scheduled to be put to death Tuesday. The high court stayed the procedure in a 1-sentence, unsigned order Thursday.

    Johnson was sentenced to death for the slaying of Carol Jean Heath, whose throat was slashed while her young children hid in her home.

    Earlier this month, the state's highest court stayed the execution of condemned killer Don W. Davis just hours before he was to be put to death April 12 in the 1990 execution-style slaying of Rogers resident Jane Daniel.

    Another execution is scheduled next month. Gov. Mike Beebe on Monday set May 24 for Jack Harold Jones to be put to death for the 1995 rape and murder of Bald Knob bookkeeper Mary Phillips, whose daughter also was severely beaten in the attack.

    (Source: The Arkansas News Bureau)

    -----------------------------------------------------------------------------------------------------

    On June 21, 2010, Johnson's certiorari petition was denied by the US Supreme Court.

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    Inmate Personal Information

    DOB: 11/26/1969
    Race: Black
    Gender: Male

    Crime and Trial Information

    * County of conviction: Sevier
    * Number of counts: One
    * Race of Victim: White
    * Gender of Victim: Female
    * Date of crime: April 1 or 2, 1993
    * Date of Sentencing: 09/23/1994

    Legal Status

    Current Proceedings:
    Post Certiorari

    Attorney

    Jeffrey Marx Rosenzweig

    Court Opinions

    Johnson v. State, 934 S.W.2d 179 (Ark. 1996) (reversing conviction and sentence and
    remanding for new trial), cert. denied, 520 U.S. 1242 (1997); Johnson v. State, 27 S.W.3d 405
    (Ark. 2000) (affirming conviction and sentence after retrial), cert. denied, 532 U.S. 944 (2001);
    Johnson v. State, 157 S.W.3d 151 (Ark. 2004) (reversing the denial of Johnson's Act 1780
    petition to "retest the negroid hairs introduced into evidence at his trial," and remanding for
    the circuit court to order DNA retesting of the hairs to determine if Mr. Johnson can be
    excluded as the source of those hairs), cert. denied, 125 S.Ct. 326 (2004); Johnson v. State, 235
    S.W.3d 872 (Ark. 2006) (affirming denial of post‐conviction relief); Johnson v. Norris, 2007 WL
    2343883 (E.D. Ark. 2007) (denying habeas corpus); Johnson v. Norris, 537 F.3d 840 (2008)
    (affirming denial of habeas corpus), cert. denied, 129 S.Ct. 1334 (2009).

    Legal Issues

    On appeal to the 8th Cir.:
    (1) whether trial court's decision to deny murder defendant's request for access to juvenile witness's psychotherapist records was contrary to federal law;
    (2) whether the denial of records constituted a Brady violation;
    (3) wheter defense counsel was ineffective;
    (4) whether state court's determination that Arkansas capital murder aggravating circumstance was not unconstitutionally vague constituted an unreasonable application of federal law; and
    (5) whether petitioner's Sixth Amendment right to jury selected from fair cross‐section of community was violated by change of venue.

    In Johnson v. State, 157 S.W.3d 151 (2004):
    (1) DNA evidence

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    Marcel Wayne Williams v Ray Hobbs

    A federal appeals court has upheld the dismissal of lawsuits by death-row inmates that challenged the way Arkansas conducts executions.

    The 8th U.S. Circuit Court of Appeals on Friday denied the appeals on grounds that the lawsuits only speculated about possible problems and didn't identify constitutional violations.

    Marcel Wayne Williams filed one lawsuit and seven other condemned inmates joined in a similar court action.

    The inmates argued that the state shouldn't be allowed to change its lethal injection procedures without proper notice and that the uncertainty heightened their anxiety about suffering as they are being killed.

    The state has no scheduled executions.

    http://www.therepublic.com/view/stor...eals-Arkansas/

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