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Todd Willingham
Todd Willingham was wrongfully executed under Governor Rick Perry on February 17, 2004.

The article below says that Johnson wrote on the wall of his cell in blood, but does not say what the words were. We have heard from one source that the words were: “I didn’t do it.”

Oct. 19, 2006, 6:38PM
Texas inmate kills himself hours before execution

By staff and wire reports
Copyright 2006 Houston Chronicle

Facing lethal injection later in the day, condemned Texas prisoner Michael Dewayne Johnson beat the executioner to it today, fatally slashing his throat and arm in his death row cell just over 15 hours before he was scheduled to die.

Johnson, 29, was found in a pool of blood and unresponsive at 2:45 a.m. by officers making routine checks on him every 15 minutes at the Polunsky Unit of the Texas Department of Criminal Justice – why not look here for more information. Fifteen minutes earlier, he was talking to prison staff and awaiting breakfast.

“He had used some sort of metal blade or razor to cut his right jugular vein and an artery inside his right elbow,” prison system spokeswoman Michelle Lyons said. “He had made no indications that he was contemplating suicide.” Calling experts in Delaware practicing lawyers for criminal defense is important in such cases.

Words written in blood were on the wall of his cell, but prison officials declined to disclose the nature of the writing because Johnson’s death remained under investigation, Lyons said.

Johnson was taken to a hospital in Livingston, a few miles away, where he was pronounced dead about an hour after he was found.

He had been set to die after 6 p.m. Thursday for the 1995 slaying of Jeff Wetterman, 27, gunned down at his family-run gasoline station and convenience store in Lorena, just south of Waco.

On learning of the suicide, Bill Wetterman Jr., the victim’s brother, said he felt the state had been cheated out of justice. “We’ve waited 11 years for this,” he said of the scheduled execution. “It should have happened sooner.”

Johnson is at least the seventh condemned man in Texas to take his own life since death row reopened in 1974, but no other prisoner has killed himself so close to his scheduled execution time. On Dec. 8, 1999, inmate David Long was executed two days after he tried to overdose on prescription medication.

Authorities were not immediately certain where he would have obtained the piece of metal that had been attached to a small wooden stick, which Lyons described as resembling a Popsicle stick.

It also was unclear whether the metal was a razor blade or a metal piece that had been sharpened. Some inmates are allowed to shave but must check out a razor and return it to a corrections officer when they are finished, Lyons said.

Besides the routine 15-minute checks that begin for inmates 36 hours before their scheduled execution, officers on death row in Texas also routinely search the inmate’s cell every 72 hours for contraband.

An appeal to block the punishment was in the U.S. Supreme Court, where Johnson’s lawyer Greg White was asking justices to reconsider their rejection last week of an earlier appeal. White also said he had worked until 2 a.m. on another round of last-day appeals and had notified state and federal appeals courts they would be filed early Thursday.

“No point in filing that stuff,” White said. “It’s just sitting in a chair in my office.”

White also said he had no indication that Johnson was despondent.

“I’ve never seen him not in good spirits,” the lawyer said. “I’m not trained in those things, but just from a common person’s standpoint, we just never had conversation that he was near the end and ‘I’m doomed’ and any of that kind of stuff.”

Crawford Long, an assistant district attorney in McLennan County who prosecuted Johnson, said he also was surprised.

“We were prepared to be handling a last-minute filing with the Texas Court of Criminal Appeals,” Long said.

Johnson would have been the 22nd Texas inmate executed this year. The total is the highest in the nation among states with capital punishment.

As part of the usual procedure, he would have been taken about midday today from the Polunsky Unit, where the inmate population includes the state’s now 380 condemned men, to the Huntsville Unit’s death chamber, about 45 miles to the west.

In an interview with The Associated Press two weeks ago, Johnson said he remained optimistic.

“You never know what the courts are going to do,” he said.

Johnson, who as 18 at the time, insisted it was a companion, David Vest, who had gunned down Wetterman in September 1995 after the pair, in a stolen car, fled the store on Interstate 35 about 12 miles south of Waco because they didn’t have the $24 to pay for their gas.

“I never even saw the dude,” Johnson said. “(Vest) jumped back into the car and we took off. He hollered: ‘Go! Go! Go!'”

Vest blamed the shooting on Johnson, took an eight-year prison term in a plea bargain and testified against his friend. Vest is now free.

Johnson was involved with other teenagers in what authorities said was a stolen car ring in Balch Springs, near Dallas, when he was arrested for the Wetterman slaying. At the time of the shooting, he was in a stolen Cadillac. The 9 mm pistol used in the shooting also was stolen.

Johnson and Vest were heading to Corpus Christi for a day at the beach to celebrate Vest’s 17th birthday. With fuel low, and without cash, they pulled into the Lorena Fastime store on the Interstate 35 frontage road about 12 miles south of Waco. It was the practice at the store to help motorists with their fuel purchase.

“I guess Johnson was afraid if they drove off he’d get the license number and then police would be looking for them,” said Crawford Long, an assistant district attorney in McLennan County. “They didn’t have money to pay for the gas, and he just shot him in the head and killed him.”

A friend testified at Johnson’s trial that Johnson told him he shot Wetterman after Vest said, “Shoot!” Vest said he had uttered a similar-sounding expletive when he saw Wetterman come out to help them and knowing they didn’t have the $24 to pay for the gasoline.

“I’ve never signed a statement, never signed any confession,” Johnson said.

Vest, in his confession, admitted to the shooting. At Johnson’s trial, he testified his companion was the shooter. Vest’s confession improperly was suppressed by prosecutors using “trickery and deceit” and knowlingly using false evidence to deprive Johnson of a fair trial, Johnson attorney Greg White said in his Supreme Court appeal.

“What he’s trying to do is really ridiculous,” Long said. “We indicted Vest as if he was the shooter. We indicted both of them that way. And Vest signed a stipulation of evidence that the indictment was correct.

“Now his defense attorney is trying to say Vest was admitting to the crime and being the shooter. It’s simply not true.” Long also denied hiding the Vest confession, saying it was introduced to the trial judge and filed as part of the court record.

“He unquestionably was guilty,” Long said. “He had made admissions to a number of people.”

Four other Texas inmates are scheduled to die over the next month.

———

Chronicle reporter Allan Turner contributed to this report.

LIVINGSTON — Condemned prisoner Michael Dewayne Johnson committed suicide early today in his death-row cell, less than 18 hours before he was scheduled to be executed, a prison official said.

Johnson slashed his throat with a makeshift blade fashioned from a small piece of metal attached to a wooden stick, said Michelle Lyons, spokeswoman for the Texas Department of Criminal Justice in Huntsville.

Prison guards had been checking on Johnson’s welfare every 15 minutes, as is customary, when they found him unresponsive in a pool of blood in his cell, Lyons said. He was transported to a hospital in nearby Livingston, where he was pronounced dead, Lyons said.

There are some reports that he wrote on his cell in his own blood, “I didn’t do it.”

For information on Michael Johnson see http://www.adelante.com/michaeljohnson/index.html.

We have written before about the poor judgement that Sharon Keller has shown as presiding judge of the Texas Court of Criminal Appeals. Check out the article below from The Dallas Observer in 1999. Seems poor judgement was part of her business life too.

After the article below appeared in 1999, Keller changed the name of her company that leased the property to the strip club from Sharon Batjer, Inc to Northwest JJJ and her elderly mother was made president of the re-named company. Did she retain an interest in the ownership of the renamed company, which continued to lease property to the strip club? We don’t know, someone should ask her. While they are at it, they should ask her how many lap dances does she think had to be done in the club for the owner to pay her the monthy rent all those years the strip club was in operation.

Conservative Court of Criminal Appeals Judge Sharon Keller is landlord to a North Dallas topless bar

http://www.dallasobserver.com/Issues/1999-11-18/news/news.html

By Thomas Korosec
The Dallas Observer
Article Published Nov 18, 1999

A titty bar, $200 worth of beer and tequila shots, and a conservative Republican judge: a combo more volatile than atomic fission. The question is, Will the Texas GOP go thermonuclear when it learns one of its highest-ranking jurists, Court of Criminal Appeals Judge Sharon Keller, owns the building and property housing the Doll’s House, a Dallas topless joint?

Keller’s connection to the low-end strip bar emerged earlier this month when Flower Mound attorney S. Rafe Foreman asked that she be barred from hearing the appeal of one of his criminal clients because Foreman had sued the judge’s property company in an unrelated case. Last year, Foreman filed suit against Keller’s company, Sharon Batjer Inc., on behalf of a 16-year-old whose car was hit by a drunken driver who allegedly had consumed $200 worth of tequila shots and beer at the Doll’s House one night in November 1997. Batjer is Keller’s former husband’s name, and corporate and court records say she is president and majority shareholder in the company.

Foreman dropped Keller’s company from the suit and reached an out-of-court settlement with the bar’s owners, Dimitri Papathanasiou and Solinka Inc., earlier this year, court records show.

Keller, reached Friday in her court office in Austin, said Foreman’s motion in the criminal case linking her to the bar was filed solely “to discredit me…I don’t think it does.”

The judge says she was “not particularly familiar” with the leasing of the property to the Doll’s House. “Let me say it this way,” Keller says. “I own a considerable amount of property. For the most part I am unfamiliar with the details of ownership and leasing and tenants and all that stuff. I did not know I owned that particular property. I don’t know what my lease and tenant contracts are.”

Sharon Batjer Inc., which was incorporated in 1985, owns only one piece of real estate in Dallas County, appraisal district records show. It’s the Doll’s House property at 6509 E. Northwest Highway, near its intersection with Abrams Road. It’s valued on tax rolls at $1.3 million.

When asked how that constitutes widespread holdings with which she was unfamiliar, Keller replied: “That company is not my only asset.” Keller says she is familiar with the fact that the bar is at that location, two doors down from her family’s long-established business, Keller’s drive-in hamburger stand.

The subject of complaints from neighborhood groups over the years, the bar was the source of 17 police calls in the 12 months ending October 31, police records show. Police say one rape, two assaults, and four thefts were included in those statistics.

“Wow,” Keller replied when told of those numbers. “I didn’t know that.” She says she doesn’t plan to do anything in response to her ownership of the bar property becoming public. She says it is a legal business.

The outing of Keller’s strip-bar interest was done through an anonymous mailing that reached the Dallas Observer last week. Keller called the distribution of the court papers a clear case of politics and accused Foreman of filing them for political purposes — a charge Foreman denies. “I don’t anticipate this will be a problem,” Keller says. “I think people will see it as just an example of dirty politics.”

Keller has laid the groundwork for a run at the position of presiding judge on the appeals court, which rules on all Texas death-penalty cases and sits as the state’s highest court on criminal matters. (See “Dissed robes,” page 15.) Keller, a former prosecutor who won a first term in 1994, must run next year to retain a seat on the court.

“I’m disappointed this is being distributed,” Foreman says. “My client [in the initial civil suit] is a kid, and I haven’t wanted his identity revealed. My sole motivation is the protection of my client in the criminal case before the appeals court. You don’t want to have your client judged by someone you’ve sued.”

Last year, Foreman brought a $4.5 million suit on behalf of Blair Marcus McAnally, a 16-year-old who sustained two broken legs and a broken arm in a collision the suit claimed was caused by James Key. The suit alleged that Key drank a large amount of tequila and beer at the Doll’s House the night he ran his car into McAnally’s and that the bar continued to serve him after he was obviously intoxicated.

Foreman said that after he learned Keller’s company had no control over operations of the bar, he dropped it from the lawsuit. He said the bar’s lease with Keller’s company, which was redone earlier this year, helped demonstrate that there was no control. “The lease isn’t based on a percentage of table dances or drinks sold. It’s for a flat amount of money,” Foreman says.

Key’s insurance company paid $20,000 in damages early this year, and Foreman reached a confidential out-of-court settlement with the bar’s owners. Subsequently, Foreman began representing Timothy Paul Duke in a drunken driving case that landed in the appeals court in Austin. Keller removed herself from hearing Duke’s appeal on October 28, but said it was unlikely she would have heard that case anyway.

When he learned Keller owned the bar property, Foreman says, “I couldn’t believe it. This is one of the most right-wing, conservative judges…Yes, it shocked me.” Foreman says he found the Doll’s House to be so forbidding, his private detective refused to go in.

Keller has a reputation as a pro-prosecution judge who has broken with the appeals court majority in several cases in which she refused to overturn death sentences. In 1996, for instance, the court majority cited prosecutorial misconduct dating back 20 years and ordered a new trial for Kerry Max Cook, who was accused of a 1977 murder of a Tyler secretary. (See “Innocence lost,” The Dallas Oberver, July 15 and July 22.) Keller was one of three judges on the nine-member panel who voted to uphold Cook’s conviction.

We are having a march planning meeting Sunday Oct 15. The meeting time is 2 PM.

The address is:

1600 Wiskersham Ln #3084
Austin, TX 78741

It’s at University Commons Apartments off Riverside and Pleasant Valley. Yellow
buildings. The apartment is on the 3rd floor of Building U #3084.

Mapquest

The Austin Chronicle Best of Austin 2006 Critics Picks include:

Best Death Row Documentary: Ryan Polomski and Frank Bustoz’s ‘State vs. Reed’

Looking for a new project, these two filmmakers couldn’t have imagined the attention their award-winning documentary would garner, nor the focus it placed on its star, Rodney Reed. State vs. Reed lays out the the shaky circumstances surrounding Reed’s death-row conviction nine years ago, creating momentum for a new trial. The film will air locally next month, Tues., Nov. 7 and Sun., Nov. 12 on KLRU.
A Hand Made Production, 2505 E. Kent St., 417-2685; Digital Light and Sound, 4700 Staggerbush Rd #428, 535-7470; Oso Negro Productions, 907 E. 49th St., 743-9790; KLRU, 2504-B Whitis, 471-4811 imdb.com/title/tt808479/combined; www.dlightsound.com; www.klru.org

Read more on Rodney Reed at www.freerodneyreed.org.

State Vs. Rodney Reed trailer

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