State of Ohio vs. Melvin Johnson
Mar 09, 2009OUTCOME: Case dismissed and Client released.
The case was set for Jury Trial commencing Monday, March 9, 2009. Mr. Johnson was under indictment on two (2) counts. Count 1 charged Aggravated Murder, in violation of ORC 2903.01(A)(F), Felony/Life ... . To this Count 1 was added both a Firearm Specification and a Repeat Violent Offender Specification. Count 2 charged Possession of Weapons While Under Disability, in violation of ORC 2923.13(A)(2)(B). On the morning that jury selection was to commence, the Court dealt with several pretrial motions filed by Attorney Smith. One of the motions was a Motion to Suppress Testimony of the State's Identification Witness. The following is taken directly from the Judgment Entry dismissing the case in its entirety: "[The identification witness] appeared as a Material Witness under confinement. He was arrested in Columbus, Ohio. He testified under oath that he did not witness the shooting death of [victim]; that he did not identify the Defendant, Melvin E. Johnson as the perpetrator. He does know the Defendant by the street name 'Poohder'. [Identification witness] further testified that he did not identify the Defendant from a photo array; that his purported signature to the left of the photo array involving [the picture of the Defendant] is not his signature. [Identification witness] further denied that he authored the signed statement identifying "Poohder" as the perpetrator. [Identification witness] does admit that he authored the cursive on the first three (3) lines of the statement, but the next group of lines is not in the same hand writing. These next group of lines are in block printing. [Identification witness explicitly denies that this is in his hand. [Identification witness] further testified that he was brought to the station house at or about 7 a.m. by a relative. Under the totality of the circumstances, this Court has no choice but to order that the alleged identification of Defendant, Melvin Johnson, by [identification witness] must be suppressed. First of all, he is a reluctant witness and emphatically denies that he is an eyewitness to the crime. Secondly, his alleged statement, according to his testimony is not in his own hand writing. The State is not able to offer any explanation for the difference in the hand writing. Even if we assume that there is a neutral explanation, this eyewitness will not identify the Defendant. Accordingly, his alleged identification is suppressed. Under the circumstances, the State of Ohio has advised the Court that it has no other evidence, direct or circumstantial, linking the Defendant to this murder. Thus, the State has moved to dismiss this indictment. This Court has no choice but to grant the motion. [Therefore], [t]he indictment in 07-CR-1509 is hereby dismissed without objection from the State of Ohio. The Defendant is ordered released."
