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Paul Beasley Johnson’

Florida Supreme Court nixes cop killer execution because of shoddy prosecution

Thursday, January 14th, 2010 by Dara Kam

The Florida Supreme Court today threw out the death sentence of convicted cop killer Paul Beasley Johnson because “the record here is so rife with evidence of previously undisclosed prosecutorial misconduct that we have no choice but to grant relief.”

In October, Gov. Charlie Crist ordered Johnson to be put to death by lethal injection in November.

The high court stayed the execution and heard oral arguments on the case in which Johnson was convicted of going on a drug-induced killing spree in Polk County in 1981. Johnson was convicted of murdering three men, including a Polk County Sheriff’s deputy.

In its ruling today, the court found that prosecutors intentionally got a jailhouse informer to get information from Johnson, take notes and give the notes to investigators. Prosecutors then lied about their role in soliciting the information at Johnson’s trial in 1981.

At a later trial in 1988, a different prosecutor used the same testimony that helped persuade the jury to hand down a 7-5 vote in favor of the death penalty, the court ruled today.

Johnson’s death sentence is now thrown out and he will have to be resentenced.

The court blamed Hardy Pickard, the original prosecutor, for today’s ruling.

“His misconduct tainted the State‘s case at every stage of the proceedings and irremediably compromised the integrity of the entire 1988 penalty phase proceeding. This is not a case of overzealous advocacy, but rather a case of deliberately misleading both the trial court and this Court. It must be emphasized that in our American legal system there is no room for such misconduct, no matter how disturbing a crime may be or how unsympathetic a defendant is. The same principles of law apply equally to cases that have stirred passionate public outcry as to those that have not,” the ruling reads.

“In our system of justice, ends do not justify means. Rather, experience teaches that the means become the end and that irregular and untruthful arguments lead to unreliable results. Lawlessness by a defendant never justifies lawless conduct at trial…The State must cling to the higher standard even in its dealings with those who do not. Accordingly, we must grant relief,” the opinion concludes.

Justice Ricky Polston dissented and Justices Peggy Quince and Charles Canady recused themselves.

Supreme Court halts cop-killer execution

Wednesday, October 28th, 2009 by Dara Kam

paul-beasley-johnson-100x1001The Florida Supreme Court has issued a stay in next week’s execution of convicted cop-killer Paul Beasley Johnson.

Johnson, whom Gov. Charlie Crist scheduled to be put to death on Thursday, went on a killing spree 28 years ago after a drug binge.

The Court issued the indefinite stay because of “significant issues raised” in Johnson’s appeal regarding prosecutorial misconduct, the order reads.

Johnson’s lawyers argued in his appeal that his conviction is tainted because a jailhouse witness who testified against him was working secretly for prosecutors, who later denied their connection to the inmate.

The inmate later recanted his testimony and said he was instructed by prosecutors to take notes about what Johnson said, which he did.

Prosecutors later denied that, but Johnson’s lawyers found written notes that showed they were in contact with the inmate and had told him to “keep his ears open and take notes.”

Johnson, 60, was found guilty of the 1981 murders of a cab driver, a good Samaritan who gave Johnson a ride and a deputy in Lakeland.

After getting high on crystal meth and running out of drugs, Johnson robbed and killed cab driver William Evans in Polk County. He then approached Amy Reid and Darrell Beasley in the parking lot of a restaurant and asked them for a ride to a friend’s house. Johnson asked the pair to pull over in a wooded area so that he could go to the bathroom and then shot and killed Beasley. Reid escaped and called the Polk County Sheriff’s office.

Johnson then started a shoot-out with two deputies who responded to Reid’s call. They later found the body of a third deputy, Theron Burnham, in a drainage ditch. Burnham had been shot three times.

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