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Thread: Cleamon Johnson - California

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    Cleamon Johnson - California




    Facts of the Crime:

    Cleamon "Big Evil" Johnson, described by police detectives and FBI agents as the city's most violent gang member, was sentenced to death in Los Angeles County on December 12, 1997, along with co-defendant Michael "Fat Rat" Allen, for the August 5, 1991 murders of two men at a South-Central Los Angeles carwash.

    In another case, prosecutors said an inmate known as "Big Evil" was assigned as a trusty after being sentenced to death for killing two people in South Los Angeles in 1991. Cleamon Johnson, a leader in the violent street gang 89 Family Bloods, was in County Jail awaiting trial on a new murder case at the time. While an inmate worker, prosecutors said, Johnson used his privileges to intimidate witnesses against him.

    Donald Ray Loggins worked at a local cable company, and since the birth of his son five months earlier, he had been as punctual as a Marine Corps reveille. He would pull into the driveway of his pleasant two-bedroom, South-Central Los Angeles home at 2:45 p.m. to watch the baby while his wife Violet got ready for her swing-shift job. But on August 5, 1991, Violet was sitting on the couch, cradling their child and staring at the telephone, wondering why her husband was so late.

    Loggins and his friend were killed because they lived east of Central Avenue, a dividing line between (Kitchen) Crips and Bloods. Evil says neither was a gang member, but Johnson, seeking to provide a newly recruited Blood with a mission to earn his stripes, spotted them and issued their death sentences.

    In total, police attribute more than 20 murders to Johnson. But even using the lower figure to which Johnson has confessed, that means he murdered as many people as "Freeway Killer" William Bonin or "Night Stalker" Richard Ramirez. In all likelihood, Evil's relative obscurity has to do with where the slaughter occurred. No celebrities among these victims. No Palos Verdes bankers or Newport Beach realtors. These were innocents just trying to survive, or young gang members in way over their heads. Johnson's defense tried to portray him as a victim of geography. "Evil is a product of 89th and Central," said Joe Orr, counsel for Johnson's co-defendant, Michael "Fat Rat" Allen. "With his charm, there's no telling how far he could have gone. He was talented, but his abilities were diverted to the streets. If he had been raised in a different area, this would not have happened."

    On August 5, 1991, Johnson ordered Allen to get an Uzi submachine gun and "serve" two men at a carwash at Central Avenue and 88th Street. Allen shot to death Donald Ray Loggins and Payton Beroit in broad daylight in front of more than a dozen witnesses, according to authorities. Loggins and Beroit were not gang members, but lived in rival gang turf. Johnson, who authorities say killed at least a dozen people during his reign as the shot-caller of his gang, the 89 Family Bloods, declared his innocence after he was sentenced. He called police a "lynch mob" and vowed to have his conviction overturned.

    For more on Allen, who died of natural causes on February 6, 2022, see: http://www.cncpunishment.com/forums/...rnia-Death-Row

  2. #2
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    CA Supreme Court reverses death sentence of 'Big Evil' gang leader

    In a rare double-reversal in a capital murder case, the California Supreme Court on Monday threw out the convictions and death sentences of notorious South Los Angeles gang leader Cleamon "Big Evil" Johnson and one of his cohorts for the August 1991 slayings of two rivals.

    The state's highest court unanimously ruled that the trial judge erred by discharging a juror during deliberations in the guilt phase of the trial for prejudging the case and relying on evidence that was not presented at trial.

    "Because the record does not show to a demonstrable reality that Juror No. 11 was unable to discharge his duty, the (trial) court abused its discretion by removing him," according to the court's ruling.

    Johnson, 44, and co-defendant Michael "Fat Rat" Allen, 39, were convicted of first-degree murder with special circumstances for the Aug. 5, 1991, killings of Donald Ray Loggins and Payton Beroit, who were shot three times each while sitting in a white Toyota Supra parked outside a car wash in the 8700 block of South Central Avenue.

    They have been on San Quentin's Death Row since Los Angeles Superior Court Judge Charles Horan sentenced them in December 1997, calling the death penalty the "only appropriate sentence in this case."

    Johnson was once described by police detectives and FBI agents as Los Angeles' most violent gang member. Police have attributed more than 20 murders to him, including the killings of witnesses to his "89 Family Bloods" gang's other crimes, and, according to the FBI, he admitted to 13 murders by his own hands.

    Johnson, who was 24 at the time, allegedly gave Allen the assault weapon used in the slayings of Loggins and Beroit. Allen — 18 at the time — volunteered to commit the crime after Johnson asked his fellow gang members who wanted to shoot Payton, authorities said.

    While the jury was deliberating in the guilt phase of the trial, Judge Horan discharged Juror No. 11 for making up his mind before deliberations began. Two jurors reported that he said on the second day of deliberations, "When the prosecution rested, she didn't have a case."

    An alternate juror replaced Juror No. 11 and the reconstituted jury convicted Johnson and Allen of first-degree murder with special circumstances and, after the penalty phase, recommended that they be sentenced to death.

    In its ruling, the California Supreme Court said Juror No. 11 had "only made reference to his previous state of mind at a single point during the trial" and there was no evidence that he "began deliberations with a closed mind, or declined to deliberate."

    "That Juror No. 11 was unimpressed by the strength of the evidence and unpersuaded by his colleagues' assertions during deliberations does not amount to prejudgment," the court said. "To conclude otherwise would threaten the ability of jurors to express minority viewpoints during deliberations and undermine the principle that both parties are entitled to the independent judgment of each individual juror."

    Horan also found that Juror No. 11 based an opinion of a witness' credibility on evidence that was not presented at trial. The witness, Carl Connor, claimed to have been near the scene at the time of the shootings and identified Allen as the shooter. Explaining why a timecard showed he was at work at the time, Connor said a friend had punched in for him.

    Juror No. 11 was skeptical of that testimony, saying during deliberations, "That's a lie. I know Hispanics, they never cheat on timecards, so this witness was at work, end of discussion."

    The Supreme Court said the juror "expressed no general bias against any group of which the witness Connor might have been a member. Rather, he drew on his own personal life experience to conclude this witness lacked credibility because of the explanation he gave for a critical discrepancy."

    http://www.wavenewspapers.com/news/l...135047878.html

  3. #3
    Administrator Helen's Avatar
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    LAPD detective's use of the N-word roils infamous gang murder case

    By Corina Knoll
    The Los Angeles Times

    At a Little Tokyo bar, drinks fueled a heated discussion among a group of lawyers and a Los Angeles police investigator.

    Then talk turned to police corruption.

    Veteran LAPD Det. Brian McCartin told his three companions about his experience encountering black gang members. He referred to them using the N-word.

    “What, you’ve never used that word in the privacy of your own living room?” he asked when the slur was met with shock, according to court documents.

    Among the group was Deputy Dist. Atty. Robert Rabbani, who was prosecuting Cleamon Johnson, a black gang leader known as “Big Evil” and charged with five murders. McCartin was his lead investigator.

    The May 2014 conversation, which was not turned over to the defense until earlier this year, has become a thorny legal issue in the pending death penalty case against Johnson and offers a glimpse inside a police department that tried over the last two decades to weed out the systemic, casual racism that was once an inherent part of its culture.

    Johnson’s attorneys argue that Rabbani should be disqualified from the case because he failed to hand over evidence of a law enforcement officer’s racial bias, despite their repeated requests for exculpatory evidence. By law, prosecutors are required to turn over “Brady” evidence — named for a landmark Supreme Court decision — which includes information that could undermine the credibility of government witnesses.

    They also argue McCartin’s words suggest that racism permeated his entire investigation.

    “The willful and deliberate cover-up of the incident in which McCartin’s racist beliefs were expressed brings into question … what other forms of racism or inappropriate conduct have been suppressed and what each agency feared in exposing this particular incident,” defense attorney Stephen Dunkle wrote in his motion for an evidence hearing.

    Los Angeles Superior Court Judge Curtis Rappe denied the motion in March, ruling that Rabbani had acted in good faith by reporting the exchange to his office’s discovery compliance unit.

    A prosecutor with the unit at the time concluded that McCartin had been referring specifically to gang members and that his use of the slur “taken in proper context, does not provide circumstantial evidence that he is biased against African Americans,” according to court documents.

    An appellate court panel of three judges ultimately sided with Rappe, although one dissented. The matter now rests with the state Supreme Court, which will determine whether the defense is entitled to a hearing that looks more closely at how prosecutors handled the incident.

    McCartin left the department in June 2015, taking a $485,000 payout as a member of the agency’s deferred retirement program, as well as an annual pension. Records show he now resides in Arizona. He could not be reached for this story.

    The Los Angeles County district attorney’s office said in a statement to The Times that it does not condone McCartin’s language and that its legal analysis was conducted only to determine if the detective’s comment was so racially biased that it had to be disclosed to the defense.

    Johnson’s defense attorney, who declined to comment to The Times, said in court documents that the appellate ruling could lead to “recusal of other members of the district attorney’s office or the office as a whole, as well as other possible sanctions.”

    An LAPD spokeswoman said the agency conducted an investigation into McCartin’s comments, but declined to comment further.

    A deadly reputation

    McCartin, who joined the department in 1983, spent years patrolling South Los Angeles. He was eventually put on the investigation into Johnson, whose Blood-affiliated gang, the 89 Family Swans, had a deadly reputation.

    In 1997, Johnson, along with Michael “Fat Rat” Allen, was sentenced to death in connection with the killing of Donald Ray Loggins and Payton Beroit, who lived in rival gang territory. Fourteen years later, the state Supreme Court voided the decision, ruling that the judge improperly removed a juror from the trial.

    Separately, Johnson was charged with the 1991 murder of Tyrone Mosley, who was shot at a gang party. Johnson acted as his own legal counsel. The 1999 case was thrown out after the jury deadlocked.

    On May 13, 2014, prosecutors retracted the first indictment and filed a new complaint against Johnson and Allen.

    Both men are again accused of killing Loggins and Beroit. Johnson is charged with the deaths of Mosley as well as two additional murders — of Albert Sutton in 1992 and Georgia Denise Jones in 1994 — and the attempted murder of Kim Coleman in 1991.

    Johnson’s attorneys argued the prosecution’s move was vindictive. While an appellate court said there was sufficient evidence to raise the issue, it denied the motion to dismiss the case.

    Debate turns ugly

    The day after the new charges were filed, Rabbani wanted to thank his investigator over drinks.

    Bringing along Leslie Hinshaw, a law clerk with the district attorney’s office who is now a prosecutor, Rabbani met up with McCartin at Justice Urban Tavern in downtown Los Angeles.

    The trio eventually made their way a couple of blocks over to Far Bar, where they mingled with other attorneys and watched the Stanley Cup playoffs.

    Peter Arian, then a deputy federal public defender, joined them. The group’s discussion grew heated as they debated controversial topics like drone strikes, Guantanamo Bay and the death penalty.

    At some point, Arian suggested that corruption within the Los Angeles Police Department was pervasive.

    McCartin responded with expletives and talked about his experience with gang members.

    His remarks were detailed in statements written by Rabbani and Arian. Hinshaw recorded her recollection of the night. The three accounts, filed in court in February of this year, varied in details, but the takeaways were similar.

    Rabbani wrote that McCartin “said something to the effect of, ‘I was out there with those niggers.’ … Referring to the gang members, he then stated, ‘They call themselves that.’”

    Rabbani and Hinshaw said the detective then suggested it was not unusual to use the slur in one’s own home.

    In an email he wrote to himself to memorialize the incident, Arian didn’t mention gang members but said McCartin used the slur while making a comparison of black residents.

    Rabbani, Arian and Hinshaw responded that it was racist and inappropriate. The group awkwardly dispersed.

    In a statement submitted to his office about three weeks later, Rabbani said he had known McCartin professionally for two years and had never heard the detective “express any kind of bias towards anyone, whether race-based, gender-based, religion-based or otherwise.”

    Rabbani later notified McCartin that he was looking into whether the racial slurs needed to be disclosed to the defense.

    “Detective McCartin expressed concern that he may lose his job. I told him … it was my legal obligation to pass this information on to my supervisors,” Rabbani said in court documents.

    In June 2017, the district attorney’s office notified the LAPD that McCartin had been added to its list of officers with credibility issues, according to court documents. Eight months later, the office informed Johnson’s attorney about McCartin’s racist comments.

    By then Rabbani, although still assisting with the case, had stepped aside as lead prosecutor due to health issues. Deputy Dist. Atty Jonathan Chung took his place.

    “It’s clear that McCartin’s statements were, as counsel is saying, disturbing. They were, in a way, racist,” Chung said at a March hearing, according to a transcript of court proceedings.

    “They have to be understood in the context of where they were said and why they were said. … It wasn’t racist in the sense that he was generalizing all African Americans with that general pejorative. What he was saying was that he had a particularly nasty view as it related to gang members.”

    The district attorney’s office said although prosecutors found in 2014 that they were not legally required to disclose McCartin’s statements, they did so in February “in an abundance of caution.”

    Chung, Rabbani, Hinshaw and Arian declined to comment.

    Johnson, 50, who was on death row at San Quentin State Prison before being transferred to a Los Angeles county jail, is expected to face trial next year.

    Complaints persist


    Decades of reforms at the LAPD have remade a department where officers once exchanged virulently racist messages over their patrol car computers with impunity. Since that era, the LAPD has undergone vast changes in terms of diversity, tactics within communities of color and discipline of openly racist attitudes.

    Longtime LAPD critics acknowledge the improvements, but complaints of racial profiling, excessive force against nonwhite residents and racism persist.

    In 2014, police officials and a disciplinary board recommended the removal of LAPD Officer Shaun Hillmann, who was caught on tape referring to a black man as a “monkey,” among other slurs. Hillmann, whose father and uncle worked for the department, had his job saved by LAPD Chief Charlie Beck, who instead imposed a 65-day suspension.

    Later, Det. Frank Lyga was recommended for termination after making racially charged statements, including one about a black off-duty officer he fatally shot. “I could have killed a whole truckload of them, and I would have been happy doing it,” he said.

    Lyga retired before he could be fired and was eventually awarded a $50,000 settlement from the city after filing a discrimination suit that alleged a black officer would not have been fired for the same comments.

    Civil rights attorney Connie Rice, a longtime critic of racism within government institutions who has advised recent LAPD chiefs on reforming the department’s culture, said the McCartin incident appeared to be more of a failure of the district attorney’s office.

    “This is more about the prosecutorial culture that hasn’t changed,” Rice said. “They’re still stuck in a mindset that you don’t prosecute cops, you don’t hold cops accountable. ... They’ve got too much baggage from the old culture, and they should have turned this information over.”

    http://www.latimes.com/local/california/la-me-lapd-racist-slur-20180701-story.html
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  4. #4
    Senior Member Frequent Poster NanduDas's Avatar
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    California Supreme Court lets new death penalty cases proceed, despite Gavin Newsom’s moratorium

    By Nico Savidge
    The Mercury News

    SAN FRANCISCO — The California Supreme Court on Thursday rejected attempts from two men to block prosecutors from seeking the death penalty against them, indicating the court will not stop new death sentences from being imposed, even as Gov. Gavin Newsom has halted executions in the state.

    District attorneys have continued to pursue capital cases since Newsom this spring imposed a moratorium on the death penalty while he is in office and dismantled the state’s execution chamber.

    Attorneys in two separate cases from Los Angeles County petitioned the state Supreme Court this summer to block prosecutors from seeking death sentences against their clients in part because a future governor could reverse Newsom’s action.

    The court rejected both petitions Thursday, allowing the cases against defendants Jade Douglas Harris and Cleamon Johnson to proceed in Los Angeles County, and potentially clearing the way for those men or others to be added to California’s death row, even as executions are on hold.

    The justices did not make any further statement explaining their decision, as is typical when the court denies petitions for review, and the action does not officially create a precedent.

    But Cliff Gardner, a Berkeley attorney representing several defendants in death penalty appeals, said defendants in other capital cases can probably expect the same response from the high court.

    “Unless there is a dramatically different record that comes to the Supreme Court, this ruling indicates they are not going to stop death penalty trials from going forward,” Gardner said.

    He said the action also underscores how fleeting Newsom’s reprieve from executions could be if another governor decides to reverse his action.

    “It’s not stopping DAs from pursuing capital cases and trying to put guys on (death) row,” Gardner said. “Gov. Newsom’s action speaks for Gov. Newsom and his administration.”

    California last executed a convicted inmate in 2006.

    Harris has been charged with shooting three people to death at a business in Downey in 2012, while Johnson is accused in a series of gang murders from the early 1990s.

    In each petition to the Supreme Court, attorneys argued that it would be impossible for jurors to consider the weight of imposing a death sentence because Newsom’s moratorium has led them to believe it won’t ever be carried out.

    Jurors may wrongly conclude the death penalty has been abolished in California, attorneys for Harris wrote, meaning “the courts can no longer safely rely on the premise that jurors recognize a death sentence as an ‘awesome responsibility’ rather than a symbolic verdict.”

    Prosecutors from the Los Angeles County District Attorney’s Office countered that jurors will be properly instructed that an execution could still be carried out if the jury orders it.

    “Nothing about the governor’s order alters the jury’s role in the system,” attorneys from the District Attorney’s Office wrote in response to Johnson’s petition.

    The Los Angeles County District Attorney’s Office declined to comment Thursday on the court’s decision. Lawyers for Johnson and Harris did not respond to requests for comment.

    https://www.mercurynews.com/2019/09/...mpression=true
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  5. #5
    Moderator Bobsicles's Avatar
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    Capital charges dismissed because of racism in LA gang case

    The death penalty is off the table for Cleamon Johnson, an alleged Los Angeles gang leader accused of killing five people during the 1990s. Now, even the special circumstances that would prohibit parole have been stricken.

    Last month, Los Angeles Superior Court Judge Curtis Rappé ruled that the racist conduct of the LAPD investigating officer and the failure of the DA to disclose his conduct for four years were grounds, under the Racial Justice Act, to dismiss all special circumstances on all counts against Johnson.

    Johnson was sentenced to death, with Michael Allen, in 1997 for the killing of Donald Ray Loggins and Payton Beroit. But in 2011, the state Supreme Court reversed Johnson’s convictions and ordered a retrial after finding that the judge had improperly removed a juror from his trial.

    In 2014, prosecutors filed new charges against Johnson and Allen in the Loggins/Beroit killings. They added three additional murder charges and one attempted murder charge, all of which occurred in the early 1990s, against Johnson.

    But as the Los Angeles Times reports, the day after filing the new charges, an LAPD detective made racist remarks over drinks with Deputy DA Robert Rabbani, who was prosecuting Johnson, Leslie Hinshaw, then a law clerk in the DA’s office, and Deputy Federal Public Defender Peter Arian. Detective Brian McCartin referred to his experience with gangs and used the n-word to describe gang members. Rabbani, Arian, and Hinshaw reportedly told McCartin that the word was racist and inappropriate, and all three later documented the conversation.

    But the prosecution did not report the remarks at the time to the defense in its request for exculpatory evidence, waiting four years before doing so. Sarah Sanger, Chair of the DPF Board, in her private capacity as an attorney on Johnson’s defense team, then argued that the conversation was evidence that the case was tainted by racism, violating the Racial Justice Act. (The bill, passed in 2020, applies only prospectively in cases in which judgment has not been entered before January 1, 2021. Johnson’s conviction was overturned, and he is still awaiting retrial, so no judgment had been entered.)

    After hearing testimony and considering hundreds of pages of written material, Judge Rappé dismissed all of the special circumstances. The decision means Johnson, if convicted (Allen died in the Men’s Central Jail in LA in February), could receive a sentence of life with parole.

    It is a significant victory in a case that the Sanger, Swysen & Dunkle law firm has been involved with since 2007, when senior partner Robert M. Sanger (a DPF board member) was appointed to file a habeas petition by the state Supreme Court, while Johnson was on death row. The court reversed his case in 2011, and the Los Angeles Superior Court, at Johnson’s request, appointed Robert Sanger to represent him for a retrial in January 2012. Shortly after passing the Bar, in late 2018, Sarah Sanger joined Johnson’s defense team.

    https://deathpenalty.org/capital-cha...-la-gang-case/
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    Senior Member CnCP Legend Mike's Avatar
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    ‘Big Evil’ was ‘programmed to kill’ in L.A. Now he’s eligible for parole after plea deal

    BY NOAH GOLDBERG
    The Los Angeles Times

    A notorious Los Angeles killer from the 1990s known as “Big Evil” is eligible for parole after serving more than 25 years on charges that once landed him on death row.

    Cleamon “Big Evil” Johnson, 55, pleaded no contest and was convicted Thursday of a sole count of murder in a case stemming from five murders in the early 1990s, when he was the leader of a small but disproportionately violent subset of the Bloods — the 89 Family Swans — in South Los Angeles.

    Johnson was once on death row at San Quentin State Prison for two of the five killings, but racist comments made by the lead LAPD detective on the case prompted a judge to decide that Johnson would no longer be subject to the death penalty or life in prison without the possibility of parole if he was convicted at retrial.

    The convicted killer has already been in state prison more than 25 years, meaning he is eligible for parole now, though that does not mean he will be granted it.

    “I was on this case for 16 years and I’m very pleased with the outcome,” said Bob Sager, Johnson’s defense attorney.

    Johnson’s no-contest plea Thursday came for the killing of Payton Beroit, who was gunned down along with his friend, Donald Loggins, at a carwash on 88th Street and Central Avenue in 1991.

    While Johnson pleaded no contest to the Beroit murder, charges were dropped against him in the killing of Loggins along with three others: Albert Sutton, Georgia Jones and Tyrone Mosley.

    Johnson’s case has been bouncing around the legal system for decades, with the California Supreme Court tossing his conviction in 2011 over a juror-related issue from his initial trial.

    But in 2014 the lead LAPD detective on the case, Brian McCartin, used the N-word when referring to Black gang members while hanging out with a deputy district attorney and a public defender. The information was not turned over to Johnson’s defense until 2018. The comments became a flash point in Johnson’s case. In May 2022, the judge on the case ruled that McCartin’s comments and the four-year delay in turning them over to the defense was unfair to the defendant.

    “Many unfortunate things happened in this case and it’s discouraging,” said Jon Lipsky, an FBI agent who worked the case in the 1990s.

    Though Lipsky said Johnson is a “stone-cold killer,” he also believed that McCartin’s comments and the failure to turn them over expeditiously was a legal violation.

    “I believe in the rule of law,” said Lipsky, speaking about the sentence of 25 years to life. “I think it’s a fair and just determination.”

    Still, Lipsky recalled Johnson as an “anomaly” in the Los Angeles gang world in the 1990s. While serving time at Ironwood State Prison in Blythe for a drug charge in the early ‘90s, Johnson ran his gang with violent efficiency, Lipsky recalled, ordering hits in code on phone calls. The breadth of the killings Johnson and his gang were accused of committing was astonishing, Lipsky said.

    “It was unparalleled,” he said.

    The single count of murder that Johnson is now legally responsible for is a far cry from what police once accused him of. Police attributed “more than 20” murders to Johnson and his crew, according to a report in The Times in 1998. Johnson himself admitted to 13 murders at the time, Lipsky said

    In 1998, Johnson told The Times that he was like an American soldier sent to “Vietnam ... programmed to kill.”

    “We couldn’t stop killing our enemies here, either. I was one of them sick individuals. They locked us away, but we needed help mentally,” he said. “I was the epitome of a gang member. I was real. ... Some people worshiped Allah or Jesus. I worshiped Bloods.”

    https://www.latimes.com/california/s...-member-murder
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