Man to be executed in Texas for crime another confessed to
Ward Larkin
February 26, 2003. The problem is that Johnson's co-defendant David Vest
had already confessed to shooting Jeffrey Wetterman two months before
Johnson went to trial. Shockly, Johnson's trial attorneys didn't use
Vest's confession in Johnson's defense at trial. More shocking still,
until just recently none of Johnson’s appeals attorneys used Vest's
confession, either.
On February 29, 1996 David Noel Vest confessed under oath, with the full
advice and consent of his attorney, that he "did … intentionally and
knowingly cause the bodily injury to JEFFREY MICHAEL WETTERMAN, by
shooting him with a handgun". And even though it's undisputed that there
was only one triggerman – only one gun was at the crime scene and only
one shot was fired – it was co-defendant Michael DeWayne Johnson who was
sentenced to death on May 8, 1996, a little over two months after Vest's
confession. Amazingly, Vest confessed and Johnson was sentenced to
death. Vest was sentenced to 8 years in prison.
On September 10, 1995 Texas Michael DeWayne Johnson and David Noel Vest
drove into a gas station planning to pump some gas, then drive away
without paying. The plan went tragically wrong, for Jeff Wetterman ended
up dead, killed by a single gunshot to the face. His carotid artery and
spinal code were each severed.
McLennan District Attorney John Segrest violated Michael Johnson's
constitutional rights to a fair trial by knowingly presenting false
evidence to the court and to the jury. Knowing that David Vest had
already confessed under oath to having shot Jeff Wetterman, Segrest just
weeks later called Vest to testify at Johnson's trial. Not too
suprisingly, Vest reversed his sworn confession and testified at
Johnson's trial that it was really Johnson who shot Mr. Wetterman. But
the jury in Johnson's case never learned that Vest had already confessed
under oath to being the one who shot Jeffrey Wetterman.
Michael Johnson is about to be executed for a crime for which David Vest
confessed, and David Vest made that confession under oath before a Texas
State Judge before Johnson ever went to trial.
A webpage that details the factual background of the case, has an
analysis of how Michael Johnson was denied his constitutional rights,
and provides suggestions of what you can do to help, is available at
JIGSAW1695
From: Ward Larkin wa...@adelante.com
Date: 2/19/2003 1:15 PM Eastern Standard Time
Message-id: <3E53C9B2...@adelante.com>
http://www.adelante.com/michaeljohnson/index.html
===============================
The site is unclear in regards to Johnsons presence at the scene.
If he were present, then he is a co-conspirator to murder.
Obviously all the facts have not been presented here on this NG.
Euro
"Ward Larkin" <wa...@adelante.com> ??????:3E53C9B2...@adelante.com...
Yet another name of innocent executed on the list.
Euro
JIGSAW1695
From: "Euro" vs...@hotmail.com
Date: 2/19/2003 6:34 PM Eastern Standard Time
Message-id: <3e541...@news.meganetnews.com>
Euro
===============================
Sorry Euro, but he was found guilty. His appeals were denied. What more do you
want?
Jigsaw
Euro
"JIGSAW1695" <jigsa...@aol.com> 写入消息新闻
:20030219192946...@mb-ca.aol.com...
To be sure he is really guilty, not just "found" guilty. Is it too much to
ask?
Euro
JIGSAW1695
From: "Euro" vs...@hotmail.com
Message-id: <3e54c7b5$1...@news.meganetnews.com>
Euro
===============================
There is no credibile evidence that he is innocent. The prosecutor met the
burden of "guilt beyond a reasonable doubt. The defense could not counter their
argument.
Once Johnson was found guilty, the burden of proving innocence fell upon his
shoulders, So far he has been unable to show that he had nothing to do with
crime.
Now about the case. Vest admitted that he shot the victim, Jeff Wetterman, and
then recanted the confession. The question then becomes who asked that the
confession be surpressed. Was it the prosecution? Maybe, but unlikely.
In all probability it was Vests attorney.
Did Vest go to trial after he recanted his confession? Did the jury hear the
evidence against him and find him guilty, based on the evidence, of a lesser
crime.
The important thing to remember, is that if more than one person is present at
a homicide, all are equally as guilty of the crime.
Even if Vest's confession had been allowed in as evidence, under state law,
the very fact that Johnson was present at the crime makes him a co-defendant.
And that means he is subject to the verdict of the juror after hearing the
presented evidence.
As to your comment "To be sure he is really guilty, ot just "found" guilty, the
law states the jury must find him guilty beyond a reasonable doubt. That burden
was met by the jury.
I am just curious. What standard of guilt does a jury use in various European
countries to determine guilt?
Is it "guilt beyond a reasonable doubt"? Or is it "guilt for sure, with
absolutly no doubts?.
Jigsaw
JIGSAW1695
Date: 2/20/2003 11:38 AM Eastern Standard Time
Message-id: <hscfi-...@zeouane.org>
le 20 Feb 2003 16:38:00 GMT, dans l'article
<20030220113800...@mb-ca.aol.com>, JIGSAW1695 <jigsa...@aol.com>
a dit ...
{ snip }
You know, Jigsaw, you could have economised a lot of bandwidth on the
above, by just trotting out your usual response ...
'A verdikt [sic] off [sic] gulty [sic] is sinonemous [sic] with
fakshual [sic] gult [sic]'
Desmond Coughlan
===============================
Dezi, you are making a fool out of yourself with your half-baked replys.
If you had any intelligence at all, you would formulate a response that
counters the presented argument.
And once again you get spanked. Only no one spanked you, you spanked yourself.
You really should try to enhance your own image by actually presenting a
counter-argument.
Jigsaw
danh
news:20030220113800...@mb-ca.aol.com...
[...]
> The important thing to remember, is that if more than one person is
present at
> a homicide, all are equally as guilty of the crime.
Then why did Vest receive only an 8 year sentence - after he had confessed
to being the actual triggerman?
JIGSAW1695
From: Desmond Coughlan pasdespa...@zeouane.org
Message-id: <1tdfi-...@zeouane.org>
le 20 Feb 2003 16:48:35 GMT, dans l'article
<20030220114835...@mb-ca.aol.com>, JIGSAW1695 <jigsa...@aol.com>
a dit ...
{ snip }
>> You know, Jigsaw, you could have economised a lot of bandwidth on the
>> above, by just trotting out your usual response ...
>>
>> 'A verdikt [sic] off [sic] gulty [sic] is sinonemous [sic] with
>> fakshual [sic] gult [sic]'
>>
> Dezi, you are making a fool out of yourself with your half-baked replys.
>
> If you had any intelligence at all, you would formulate a response that
> counters the presented argument.
>
> And once again you get spanked. Only no one spanked you, you spanked
> yourself.
>
> You really should try to enhance your own image by actually presenting a
> counter-argument.
That's the spirit, Jigsaw !! Claim victory in the face of overwhelming
defeat !! You'll soon be ready to graduate from the FuckWit International
School of Losing Arguments.
Desmond Coughlan
===============================
Good argument (LOL) to a death penalty issue.
JIGSAW1695
Date: 2/20/2003 11:51 AM Eastern Standard Time
Message-id: <b3312f$8pj$1...@mailgate2.lexis-nexis.com>
[...]
===============================
You will have to ask the jury to answer that question.
Besides, the confession was surpressed and therefore did not legally exist. The
jury had to go on the evidence that was presented to them. Obviously, they did
not feel that there was enough evidence for a verdict of murder based on what
they heard.
Jigsaw
danh
Not quite, though nice attempt at using up the teflon supply. The question
isn't about the jury, but about the prosecutor who knew that the triggerman
had acknowledged his guilt but the prosecutor chose to pursue a death case
against the accomplice. This is the sort of backroom machinations that make
*all* dp cases suspect. If we can't trust the case that the jury receives,
we can't trust the rest of the prosecutorial decisions.
JIGSAW1695
From: "danh" da...@lexisnexis.com
Message-id: <b3378b$9g8$1...@mailgate2.lexis-nexis.com>
==============================
OK Danh, you have demonstrated that you can think things out.
Tell me why the prosecutor did what he did? (IYO)
Jigsaw
Ward Larkin
>
>
>>The important thing to remember, is that if more than one person is
>
> present at
>
>>a homicide, all are equally as guilty of the crime.
>
>
> Then why did Vest receive only an 8 year sentence - after he had confessed
> to being the actual triggerman?
>
>
> ===============================
>
> You will have to ask the jury to answer that question.
>
> Besides, the confession was surpressed and therefore did not legally exist. The
> jury had to go on the evidence that was presented to them. Obviously, they did
> not feel that there was enough evidence for a verdict of murder based on what
> they heard.
>
>
> Jigsaw
David Vest's confession was not legally suppressed by a judge. It was
either illegally suppressed by an overzealous prosecutor, or it was
shamefully ignored by Johnson's incompetent court appointed defense
counsel.
Moreover, the prosecution knew of Vest's confession (even if Johnson's
defense attorneys didn't) when Vest testified against Johnson. Vest's
confession was made on February 29, 1996. Opening arguments in Johnson's
trial didn't start until April 22, 1996.
It is clear and crisp that the prosecution knowingly presented false
information to the court and to the jury during Johnson's trial. This is
prosecutorial misconduct, and it deprived Johnson his constitutional
right (under the 14th amendment) to due process of the law.
Just as important as guilt or innocence is the fact that no person shall
be deprived of life, liberty or property without due process of law.
In other words, everyone is entitled to a fair trial. And Johnson didn't
get one.
danh
You still didn't answer the question, but that's not anything new.
> Tell me why the prosecutor did what he did? (IYO)
Don't know. I try not to speculate uselessly. That s/he did, undermines
the credibility of the dp - that's it's for the few whose crimes are totally
unconscionable. Doesn't seem like that fits this case.
JIGSAW1695
Date: 2/20/2003 3:13 PM Eastern Standard Time
Message-id: <egpfi-...@zeouane.org>
le 20 Feb 2003 20:11:44 GMT, dans l'article
<20030220151144...@mb-ce.aol.com>, JIGSAW1695 <jigsa...@aol.com>
a dit ...
{ snip Jigsaw being ripped a new one }
> OK Danh, you have demonstrated that you can think things out.
>
> Tell me why the prosecutor did what he did? (IYO)
'At which point, I shall reply, "But Dan, what's your point ?"'
Desmond Coughlan
===============================
Go back to sleep Dezi.
JIGSAW1695
Date: 2/20/2003 3:16 PM Eastern Standard Time
Message-id: <3E55379C...@adelante.com>
>
>
>>The important thing to remember, is that if more than one person is
>
> present at
>
>>a homicide, all are equally as guilty of the crime.
>
>
> Then why did Vest receive only an 8 year sentence - after he had confessed
> to being the actual triggerman?
>
>
> ===============================
>
> You will have to ask the jury to answer that question.
>
> Besides, the confession was surpressed and therefore did not legally exist.
The
> jury had to go on the evidence that was presented to them. Obviously, they
did
> not feel that there was enough evidence for a verdict of murder based on what
> they heard.
>
>
> Jigsaw
David Vest's confession was not legally suppressed by a judge. It was
either illegally suppressed by an overzealous prosecutor, or it was
shamefully ignored by Johnson's incompetent court appointed defense
counsel.
A prosecutor (or defense attorney for that matter) cannot surpress a
confession. Only a judge can do that.
===========
Moreover, the prosecution knew of Vest's confession (even if Johnson's
defense attorneys didn't) when Vest testified against Johnson. Vest's
confession was made on February 29, 1996. Opening arguments in Johnson's
trial didn't start until April 22, 1996.
It is clear and crisp that the prosecution knowingly presented false
information to the court and to the jury during Johnson's trial. This is
prosecutorial misconduct, and it deprived Johnson his constitutional
right (under the 14th amendment) to due process of the law.
the appeltte courts did not think that the prosecutor engaged in misconduct. If
they did, the verdict would have been overturned a long time ago.
==========================
Just as important as guilt or innocence is the fact that no person shall
be deprived of life, liberty or property without due process of law.
In other words, everyone is entitled to a fair trial. And Johnson didn't
get one.
That is your opinion. However the court differs and their opinon is the one
that counts.
Jigsaw
Ward Larkin
JIGSAW1695 wrote:
> Subject: Re: Man to be executed in Texas for crime another confessed to
> From: Ward Larkin wa...@adelante.com
> Date: 2/20/2003 3:16 PM Eastern Standard Time
> Message-id: <3E55379C...@adelante.com>
>
>
> A prosecutor (or defense attorney for that matter) cannot surpress a
> confession. Only a judge can do that.
> ===========
>
That's my point exactly. Only a judge can legally suppress material
evidence from use at a trial. If a prosecutor suppresses material
evidence, then it's illegal.
>
> the appeltte courts did not think that the prosecutor engaged in misconduct. If
> they did, the verdict would have been overturned a long time ago.
Again, you raise the correct point, but draw the wrong conclusion.
Johnson's appellate lawyers didn't raise the issue of Vest's prior sworn
confession during any of Johnson first round of habeas appeals. Thus,
the appellate courts, until last week on Johnson's first successor
application for writ of habeas corpus, never heard that argument.
JIGSAW1695
From: Ward Larkin wa...@adelante.com
Message-id: <3E554F5E...@adelante.com>
===============================
Euro
"JIGSAW1695" <jigsa...@aol.com>
??????:20030220113800...@mb-ca.aol.com...
In Europe, "guilt beyond a reasonable doubt" is usually sufficient (I say
usually because I don't know perfectly well all the national justice
systems), but comparison doesn't make reason. European courts don't
pronounce irreversible penalties.
What makes problem here is that you have an irreversible penalty imposed on
a person for a crime confessed by someone else.
For this reason, and in that case, "guilt beyond a reasonable doubt" is not
sufficient.
Euro
Dolly Coughlan Jr
<pasdespa...@zeouane.org> writes:
>Subject: Re: Man to be executed in Texas for crime another confessed to
>From: Desmond Coughlan <pasdespa...@zeouane.org>
>Date: Thu, 20 Feb 2003 23:00:01 +0000
>
>le 20 Feb 2003 18:00:21 GMT, dans l'article
><20030220130021...@mb-fl.aol.com>, JIGSAW1695
><jigsa...@aol.com> a dit ...
>
>{ snip }
>
>>> That's the spirit, Jigsaw !! Claim victory in the face of overwhelming
>>> defeat !! You'll soon be ready to graduate from the FuckWit
>>> International School of Losing Arguments.
>
>> Good argument (LOL) to a death penalty issue.
>
>Perhaps you'd have felt more at home, if I had asked you whether you smell
>your own farts, Jigsaw ...
>
>--
>Desmond Coughlan |desmond @ zeouane . org
>http://www.zeouane.org/
>http://www.zeouane.org/peinedemort/obsessive_litany.html
>__ __ _ __ ____________ ____ _
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>Subject: Re: Man to be executed in Texas for crime another confessed to
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Dolly Coughlan Jr, the legend continues!
Dolly Coughlan Jr
<pasdespa...@zeouane.org> writes:
>Subject: Re: Man to be executed in Texas for crime another confessed to
>From: Desmond Coughlan <pasdespa...@zeouane.org>
>Date: Thu, 20 Feb 2003 20:13:34 +0000
>
>le 20 Feb 2003 20:11:44 GMT, dans l'article
><20030220151144...@mb-ce.aol.com>, JIGSAW1695
><jigsa...@aol.com> a dit ...
>
>{ snip Jigsaw being ripped a new one }
>
>> OK Danh, you have demonstrated that you can think things out.
>>
>> Tell me why the prosecutor did what he did? (IYO)
>
> 'At which point, I shall reply, "But Dan, what's your point ?"'
>
>--
>Desmond Coughlan |desmond @ zeouane . org
>http://www.zeouane.org/
>http://www.zeouane.org/peinedemort/obsessive_litany.html
>__ __ _ __ ____________ ____ _
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>Subject: Re: Man to be executed in Texas for crime another confessed to
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Dolly Coughlan Jr
<pasdespa...@zeouane.org> writes:
>Subject: Re: Man to be executed in Texas for crime another confessed to
>From: Desmond Coughlan <pasdespa...@zeouane.org>
>Date: Thu, 20 Feb 2003 16:55:29 +0000
>
>le 20 Feb 2003 16:48:35 GMT, dans l'article
><20030220114835...@mb-ca.aol.com>, JIGSAW1695
><jigsa...@aol.com> a dit ...
>
>{ snip }
>
>>> You know, Jigsaw, you could have economised a lot of bandwidth on the
>>> above, by just trotting out your usual response ...
>>>
>>> 'A verdikt [sic] off [sic] gulty [sic] is sinonemous [sic] with
>>> fakshual [sic] gult [sic]'
>>>
>
>> Dezi, you are making a fool out of yourself with your half-baked replys.
>>
>> If you had any intelligence at all, you would formulate a response that
>> counters the presented argument.
>>
>> And once again you get spanked. Only no one spanked you, you spanked
>> yourself.
>>
>> You really should try to enhance your own image by actually presenting a
>> counter-argument.
>
>That's the spirit, Jigsaw !! Claim victory in the face of overwhelming
>defeat !! You'll soon be ready to graduate from the FuckWit International
>School of Losing Arguments.
>
>--
>Desmond Coughlan |desmond @ zeouane . org
>http://www.zeouane.org/
>http://www.zeouane.org/peinedemort/obsessive_litany.html
>__ __ _ __ ____________ ____ _
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Dolly Coughlan Jr
<pasdespa...@zeouane.org> writes:
>Subject: Re: Man to be executed in Texas for crime another confessed to
>From: Desmond Coughlan <pasdespa...@zeouane.org>
>Date: Thu, 20 Feb 2003 16:38:09 +0000
>
>le 20 Feb 2003 16:38:00 GMT, dans l'article
><20030220113800...@mb-ca.aol.com>, JIGSAW1695
><jigsa...@aol.com> a dit ...
>
>{ snip }
>
>You know, Jigsaw, you could have economised a lot of bandwidth on the
>above, by just trotting out your usual response ...
>
> 'A verdikt [sic] off [sic] gulty [sic] is sinonemous [sic] with
> fakshual [sic] gult [sic]'
>
>--
>Desmond Coughlan |desmond @ zeouane . org
>http://www.zeouane.org/
>http://www.zeouane.org/peinedemort/obsessive_litany.html
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Ward Larkin
Johnson a stay this morning, Tuesday, Feb. 25, 2003.
In short, the 5th Circuit found that Johnson made a prima facie showing
that
1) the claims presented in the proposed successive habeas corpus
application had not previously been presented in any prior application
to this Court;
2) the factual predicates for the claims asserted in the proposed
successive habeas corpus application could not have been discovered
previously through the exercise of due diligence;
3) the facts underlying the claims in the proposed successive habeas
corpus application, if proven and viewed in light of the evidence as a
whole, would be sufficient to establish by clear and convincing evidence
that, but for the constitutional errors asserted therein, no reasonable
fact finder would have found the applicant guilty of the underlying
offense.