Lamar Johnson – Unfairly incarcerated for 28 years.
By
John C Abercrombie
The name of Lamar Johnson is a recent addition to many as he is the center of a case involving wrongful conviction that recently saw him released after 28 years of imprisonment for a crime he did NOT commit. America prides itself on freedom and justice for all, but there are many cases involving long term incarceration for crimes that the prisoner did not commit.
In this post we will look at the case of Lamar Johnson and examine how and why this injustice occurred.
Johnson grew up in St. Louis, Missouri. At the time of the alleged crime, he was a twenty-year-old father of two, worked at Jiffy Lube and attended community college. He was not a saint and sold small amounts of crack cocaine to make extra money.
Johnson h as always maintained that he was with his girlfriend and their five-month-old daughter when ** was shot and killed. The location was about three miles from the incident. The girlfriend, Erika Barrow said that Johnson was there at the time and only left the house briefly, once to make a transaction. She said she had started changing their daughter and that Johnson was back by the time she started to clean up after the change. Minutes after Johnson returned to his friend’s house, he got a call that Boyd had been shot. The next day, Johnson learned Boyd was dead.
Greg Elking was the only witness to the shooting. Elking and Boyd both worked at a printing company and had soon become friends. Boyd also sold drugs and Elking was one of his customers. On the night of the shooting, Elking was looking to get high but didn’t have enough money. He says he brought an answering machine to make a trade, but Boyd didn’t want to sell him the drugs. Boyd reminded Elking that they had to work the next day. When Boyd was shot, Elking ran in terror. There is often mistrust of the police for many reasons, including rumors of unfair treatment rather than seeking the truth. Methods include unlawful interrogations lasting long enough to wear down the person until they falsely confess. Putting them in lineups that indicate a person that may not be the perpetrator. Other unlawful tactics being used to implicate innocent people.
After learning about Elking from Boyd’s girlfriend, investigators tried to reach the only eyewitness to the murder, but he was scared to come forward. He was still reluctant when he reached out four days later, but that changed when he met the lead detective, Joe Nickerson. “I thought he was straight out Nick Nolte from “48 Hours” — out of a movie — he was awesome,” he told “48 Hours.”
Elking says he told Nickerson that the two gunmen were wearing dark masks. He could tell they were dark-skinned Black men, but he only saw the eyes of one of the suspects through the masks. The shooting also occurred at night and on a dimly lit street, making it more difficult to see clearly.
Even though Elking said he did not get a good look at the suspects, he says Det. Nickerson insisted on showing him an array of several photos. Elking said one of them stood out because of the eyes. The photo was of Lamar Johnson. Elking says Det. Nickerson asked him to sign the back of it, but he refused. “Because I didn’t want nothing to do with this, because I couldn’t pick out no murderer,” he told “48 Hours.”
With a name from Boyd’s girlfriend and with what they considered a photo identification from Elking, investigators felt they had a reason to focus on Johnson. On Nov. 3, 1994, four days after the murder, Johnson was giving his friend, Phillip Campbell, a ride home. Officers pulled over the car and arrested both Johnson and Campbell. Police should be exploring all possibilities, not putting all their effort into convicting a person.
At the police station, Johnson agreed to do a photo lineup. He is in the third position, wearing white pants. Tactics like this are often to suggest the person to the person making the identification. Line ups should be more neutral. Det. Nickerson brought Elking in to try and make an identification. Elking viewed the lineup twice and did not make an identification. On the third viewing, Elking identified the person in the fourth position, who was a filler from the jail and not one of the shooters.
Elking was then asked to view a different lineup. Johnson was not in this one but the other suspect, Phillip Campbell, is in the fourth position. Elking was unable to make an identification.
Elking says that after he struggled with the lineup, he felt like he let Det. Nickerson down. According to Elking, he told the detective, “You tell me what the numbers were, and I’ll tell you if they were correct.” He says Det. Nickerson replied with three and four. “And I was like, you’re right, three and four.” Nickerson denies these claims. He declined “48 Hours”‘ request for an interview, but sent us a text saying in part, “I went where the facts, evidence and circumstances took me.” This sounds like an innocent statement, but he was following a hunch with can be unfair to a person being focused on.
Dwight Warren, the original prosecutor in this case, says he pressed Elking on his identification of Johnson. Elking said he was telling the truth, so Warren charged both Johnson and Campbell. In July 1995, Johnson went on trial, with Elking as the star witness.
To help bolster the prosecution’s case, one of their witnesses was William Mock, a jailhouse informant with a lengthy criminal history. He testified that he overheard Johnson and Campbell in a holding cell talking about the murder. When tactics like this are used there should be full disclosure as many times these people of such moral character as to bear false witness for favors.
Warren says he checked out his claim. “He was in two jail cells away. He was in a position that, to be able to hear that,” Warren told “48 Hours.” Johnson’s attorney, Lindsay Runnels, says Mock was not credible. Jurors should be aware of this, and withholding information is unfair to the charged party.
Lamar Johnson did not take the stand at his trial. The defense put his girlfriend, Erika Barrow, on the stand. She told the jury Johnson was with her at the time of the shooting. The jury came back with a guilty verdict after less than two hours. In September 1995, Lamar Johnson was sentenced to life in prison without the possibility of parole. The failure of a defendant to take the stand is NOT an indication of guilt. We often are indoctrinated with these ideas from too much television or movies that take literary license to push such beliefs.
With legal help, Johnson filed a motion for a new trial, but it was denied.
Years later, the Midwest Innocence Project took on his case. In their research, they discovered new evidence. In 2003, the star witness, Elking, then in prison for bank robbery, had written a letter to a clergyman admitting he lied at Johnson’s trial.
In the letter to the clergyman, Elking also revealed that law enforcement said they could help him financially and relocate his family. Detective Nickerson and the prosecutor’s office had put him in the witness protection program. Elking’s debts were paid, and his outstanding traffic warrants were cleared. Altogether, Elking received more than $4,000 in payment. None of this was revealed to Johnson or his attorney at trial, and the jury also never heard about it. This is unethical action on the part of authorities, but something which is seldom prosecuted, allowing the procedure to be used with immunity. These are people who should know better and should be held accountable for their action or failure to act.
In 2018, St. Louis Circuit Attorney Kimberly Gardner agreed to look at Johnson’s case. She had created a Conviction Integrity Unit to look at cases of possible wrongful conviction. When her team looked deeper, they found more red flags. One of them was that the jury never heard that the jailhouse informant was a racist with a hatred for Black people, nor did they hear the majority of his criminal record. Another flag was the timeline presented at trial.
Detective Nickerson testified at Johnson’s trial that Johnson could have driven from his alibi’s house to Boyd’s apartment in five minutes, even though it was about three miles away.
“48 Hours” correspondent Erin Moriarty evaluated out the drive with an investigator from the St. Louis Circuit Attorney’s Office. It took about 13 minutes just one way. Johnson’s girlfriend at the time, Erika Barrow, says there is no way that Lamar had left her sight for that long that evening.
For years, Johnson requested hearings to present this new evidence, but was repeatedly denied. With the help of the Midwest Innocence Project and the St. Louis Circuit Attorney’s Office, Johnson hoped a judge would hear his case. But even though Gardner was convinced Johnson was innocent and tried to get his conviction overturned, court after court, including the Missouri Supreme Court, said she didn’t have the power. Justice should at least be fair. When there are red flags, the sense of justice which includes being right over the rate of convictions should be the driving force.
In 2021, the Missouri Legislature passed a law that gave Gardner and other prosecutors the power to bring cases of innocence to the court. A year later, Johnson received the news he had been waiting to hear for 28 years — he would finally get a hearing to present new evidence in his case.
The week-long hearing began on Dec. 12, 2022, in a St. Louis courtroom. After opening arguments, Johnson’s team called their first witness: James Howard. While on the stand, Howard, who is serving a life sentence for a different murder, admitted he was one of the men who shot Markus Boyd.
Greg Elking was called up next to testify. He told the court that he felt pressured by Det. Nickerson to identify Johnson in the lineup. “And I’ve been living with it, 25, 28 years and I’m telling you … I just wish I could change time,” Elking said on the stand. Elkin is a White who was railroaded into bearing false witness.
On day four of the hearing, Johnson took the stand. He finally got to defend himself and assert his innocence in front of the judge. The prosecution asked him about his conversation with Det. Nickerson a few days after the murder. Johnson said he voluntarily participated in the lineup because he didn’t think he had anything to lose. “I didn’t commit the homicide. So why would I be concerned that I had everything to lose?”
After Johnson’s testimony, the State’s Attorney called their first witness, Det. Joe Nickerson. He denied pressuring Elking to identify Johnson. “Mr. Elking goes …’hey, I know who it is, it’s number three in the first lineup and it’s number four in the second lineup,'” he stated. The State’s attorney asked if he told Elking to say that. Det. Nickerson replied, “I didn’t tell him to say anything.”
Judge David Mason listened intently each day of the hearing. He even took over the questioning from the lawyers at points, making it clear when he believed something and when he didn’t. After five days of testimony, Johnson’s freedom was in Judge Mason’s hands. Johnson waited in a St. Louis jail, hoping for the best outcome.
Judge Mason called everyone back to the courtroom on Feb. 14, 2023 – about two months after the hearing ended. His decision was made. After finding clear and convincing evidence of Johnson’s innocence, Judge Mason overturned the conviction. Johnson was fully exonerated. Johnson finally got his wish and walked out of that courtroom a free man.
Lamar Johnson was convicted of Markus Boyd’s murder in 1995. He always insisted he was innocent, but it would take almost three decades for a court to agree.
On Feb. 14, 2023, in front of a packed St. Louis courtroom, Lamar Johnson became a free man. Judge David Mason exonerated Johnson after he spent 28 years behind bars for a murder he did not commit.
On the night of Oct. 30, 1994, in St. Louis, Missouri, Markus Boyd was sitting on his front porch, talking to his friend, Greg Elking, when two masked gunmen ran up to them. Boyd was shot and killed, but Elking was spared. The men vanished and Elking ran off.
When investigators began looking into the shooting, they spoke with Boyd’s girlfriend. She was in their apartment upstairs with their daughter when the shooting occurred. According to investigators, she told them that a man named Greg was on the porch with Boyd. And when they asked her who she suspected did this, she mentioned Lamar Johnson, a longtime friend of Boyd’s who she thought recently had a falling out with him.
As Johnson was released, he ran into difficulties with the law once again. While there is help for those who have served their sentence, he was exonerated, meaning there was no help for him. Help that included assistance in getting a job, housing etc. The law did not allow for any compensation for the 28 years he spent wrongly convicted. Thus, we release a person into a completely new world where technology has surged with no help, no money, no training and expect these people to survive and thrive. This is an area where we are completely unfair to expect much from the wrongly convicted. Fortunately, the public was more generous, and people contributed through a Go fund me account.
We should be just as zealous helping people who we have stolen freedom from as in convicting them or helping those who have served their time.
We also see citizenship rights stripped. Restoration of voting rights and other matters should be addressed as part of the restoration and reintegration process. Politicians seem as eager to correct this flaw in the system as they are the qualified immunity practices that protect the violation of citizens constitutional rights. It is time for the public to speak and get action.
America has five percent of the world’s population but twenty percent of the worlds prison population. Is this something to be proud of or should we change the underlying problems that start the process?
As you view the five videos included in this post, notice the lack of bitterness on the part of Johnson. His lack of focusing on the wrong and putting himself into living purgatory. This is much harder to do than say and a tribute to his positivity character.
Also, question why we find a significant number of Blacks subjected to these practices by law enforcement and the judicial system than others.
This is not the end of this post, there are five videos, related books and other items you may find useful.
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As we continue to look into the story of Lamar Johnson, it is important to see his mental attitude which allowed him to survive. We also are confronted with a story all too frequent involving the lack of fairness and full investigation into the crimes, conviction, and sentences of innocent people. This is totally unacceptable in America and should attract the attention of all.
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Lamar Johnson imprisoned for 28 years.
Man freed after 28 years in prison reflects on wrongful murder conviction
Earlier this week, a St. Louis judge overturned the murder conviction of Lamar Johnson, who spent nearly 28 years behind bars for a crime he didn’t commit. John Yang first profiled Johnson’s case in 2021 and spoke with him again Friday just days after his release from prison. It’s part of our series Searching for Justice.
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Levon and Kennedy: Mississippi Innocence Project
Books come in several forms, Kindle, Audible, hard cover, paperback and the price may vary. Find the form you desire and sample it before you buy it.
Two African American men from poor, rural Mississippi wrongfully convicted for crimes they didn’t commit. Lost years of their lives spent in jail and finally released a decade a half later thanks to the Innocence Project and DNA testing. This is their life for all to see.
In the early 1990s in a small disadvantaged community in rural Mississippi, Levon Brooks and Kennedy Brewer were wrongfully convicted in separate trials of capital murder. Brooks, despite an alibi, was sentenced to life and was imprisoned for 18 years. A few years later Brewer was convicted and sentenced to death. He was incarcerated for 15. In 2008 the Innocence Project in New York exonerated both men. Vanessa Potkin, longtime attorney at the Innocence Project, along with co-founder of the Innocence Project, Peter Neufeld, spent years investigating the two cases, and discovered a link between them that subsequent DNA testing substantiated. The results of that testing led authorities to the real perpetrator who was responsible for both murders and then to the exonerations of Brooks and Brewer. Without the work of the Innocence Project, Potkin, Neufeld, and a host of others, these photographs-of lives lost, forgotten, and then regained-would not have been possible. The photographs’ poignance is made all the more powerful as one contemplates their stark, deeply felt beauty against the haunting realization that they were almost never able to be made or seen at all.
The evidence against Brooks and Brewer consisted primarily of bite mark matching evidence. A prosecution expert testified that in both cases multiple bite marks covered the victims’ bodies and matched the defendants’ teeth impressions. A group of experts retained by the Innocence Project later determined that the marks were not bite marks at all. As a forensic discipline, bite mark matching has come under serious criticism in recent years and led to the exoneration of multiple other prisoners. This same prosecution expert testified not only in Brooks’s and Brewer’s cases, but a host of others in Mississippi and the region. The extent of the damage is still unknown.
In 2012, photographer Isabelle Armand came across an article about these two cases. Such a scenario seemed unbelievable. How, why, and where could this happen? How does one cope with wrongful conviction? For the next five years, she spent several weeks each year documenting Brooks, Brewer, their families and their environment. This intimate photographic essay, akin to looking in a mirror, puts faces on the victims of wrongful convictions. It seeks to raise consciousness, challenge popular perceptions about poverty and inequality in our criminal justice system, and demands that we confront these critical issues.
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Wrongfully convicted man spent 28 years in jail due to outdated Missouri law
Lamar Johnson spent the last 28 years in prison for a murder that he didn’t commit, despite two other people confessing to the crime, due to a Missouri law that only allowed motions for new trials within fifteen days of conviction. NBC News’ Hallie Jackson spoke with Lamar who has been freed because of the state trying to right past wrongs.
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Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights
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Seeking change, Beety began working in the Innocence Movement, helping to free factually innocent people through DNA testing and criminal justice reform. Manifesting Justice focuses on the shocking story of Beety’s client Leigh Stubbs—a young, queer woman in Mississippi, convicted of a horrific crime she did not commit because of her sexual orientation. Beety weaves Stubbs’s harrowing narrative through the broader story of a broken criminal justice system.
Drawing on interviews with both innocence advocates and wrongfully convicted women, along with Beety’s own experiences as an expert litigator and a queer woman, Manifesting Justice provides a unique outsider/insider perspective. Beety expands our notion of justice to include not just people who are factually innocent, but those who are over-charged, pressured into bad plea deals, and over-sentenced. The result is a riveting and timely book that will transform our very ideas of crime and punishment, what innocence is, and who should be free.
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Lamar Johnson, freed after wrongful murder conviction, talks with 5 On Your Side
Lamar Johnson, who served nearly 28 years of a life sentence for a murder that he has always said he didn’t commit, talked with 5 On Your Side’s Laura Barczewski about his plans for life after prison. In coming to his decision, Circuit Court Judge David Mason explained that there had to be “reliable evidence of actual innocence — evidence so reliable that it actually passes the standard of clear and convincing.”
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Book
Actual Innocence: Five Days to Execution, and Other Dispatches From the Wrongly Convicted
Extraordinarily powerful stories of ordinary people locked up for crimes they did not commit, and how they were freed against great odds.
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Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated lawyers are working to repair the damage.
In the last decade of this century, DNA testing has uncovered stone-cold proof that fifty-five completely innocent people were sent to prison and death row. At the Innocence Project, Barry Scheck and Peter Neufeld have managed to free forty-three wrongly convicted people and have taken up the cause of two hundred more. Pulitzer Prize winning columnist Jim Dwyer covered this courthouse revolution from its very first days. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten of these individuals–convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken witnesses, inept lawyers, and other all-too-common flaws in the trial system–and tell of the heroic efforts to free them.
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Lamar Johnson on fight for freedom and exoneration
Lamar Johnson spent 28 years in prison for a crime he didn’t commit. He joins “CBS Mornings” to discuss being exonerated, his decades-long fight to prove his innocence and what he would say to the witness whose testimony helped put him behind bars.
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Book
The Sex Offender: Falsley Accussed, Wrongly Convicted, Labeled for Life
A dedicated single father is destroyed by a promiscuous 17-year-old girl and an overzealous sex-crimes Detective. Despite a weak case, the prosecutor piles on the charges, successfully forcing an innocent man to accept a 2-year plea-bargain as opposed to a life sentence should he lose at trial. Avoid time consuming trials by over charging the accused,,, Justice-by-fear! The book will expose this accepted practice. Released from prison our once happy-go-lucky protagonist resides near the lowest rung on America’s ladder. But our felon (Dayne) is smart, he executes a plan to beat his whacky accuser, the punk-lying-Detective and The District Attorney who cared nothing about guilt or innocence. Briefly without giving away the twists, turns, and punchlines, I’ll tell only this. “A wrongly convicted man writes a controversial novel that entices, bribes, and guides his accuser into recanting”. Yep! It’s quite the spectacle when the accuser sits in the witness stand and calmly recants, while putting the onus on the Detective. The prosecutor stands and violently objects during the girls testimony. While waving Dayne’s best selling book over her head, “I object your honor! If you turn to page 332 in Dayne’s book you will clearly see that the witness is reciting word for word from his novel. This is a trick! You must throw this matter out of court this instant!!” Does the judge agree? Or does Dayne’s ,,,happy ever after,,, book ending come to life? It’s not that simple, you must read “The Sex Offender” to discover all. “The Sex Offender is not about sex. It’s about a father and a son torn apart by hyperbole, a corrupt system, fear spewing propaganda and bad people.
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Power Source Corded Electric
About this item
【Professional Hair Barber Clippers Set】The hair trimmer grooming kit includes cordless hair clipper ,nose hair trimmer and triple blade foil head shaver.T blade hair trimmer is also a beard trimmer for men that can be used on haircut,beard trimming,sideburns,precise trimming.Nose trimmer is used to gently and accurately trim nose hair.Bald Head Shaver is good at dealing with dense, short and thick hair.
【Sharp T-Blade & Ultra-thin Triple Blade 】The blade of this barber clipper adopts precision high carbon steel blade,. Our trimmers and razors are easy to remove excess hair.It is suitable for men, women and children. Whether you are cutting hair at home or a barber, this set of haircutting equipment can meet your needs.You can give it to your lover as a birthday gift, Christmas gift, Valentine’s Day gift.
【Large Capacity Battery & Smart LCD Display】The hair cutting kit built-in rechargeable high quality lithium ion batter.The mens clipper can use 180 minutes after for 2 hrs charging,the nose trimmer for men can use 150 minutes after for 1.5 hrs charging.The foil electric shaver can use 90 minutes after for 2 hrs charging.Smart digital display indicates when your hair clippers need to be oiled or charged.The USB quick connect charging port is convenient for you to charge at any time.
【Low Noise & Powerful Motor】The hair clipper(10W) and razor(5W) set has a powerful motor that provides a lifetime of superior performance(Speed:7000RPM),making the clipper for men faster and smoother.For quick and precise cuts on all hair types, without pulling hair, and help you create a variety of hairstyles. And the noise of the men’s hair clipper is low, less than 60 decibels, so you can stay away from the trouble of noise.
【Wireless & 4 Guide Combs】Wireless clipper and trimmer set for easy hair cutting. Hair trimmer set comes with 4 guide combs(1mm，2mm,3mm,4mm),easily meet your hair styling needs. Extra Replaceable Nose Trimmer Head can be easily replaced.All metal body,lightweight,compact and portable, it is suitable for business and travel.
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Exonerated after being imprisoned for years for crimes they didn’t commit.
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The two offers are offered by a different partner.
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While we don’t know about the make up of the jury, we see misconduct on the part of law enforcement and the judicial system. The misconduct occurred by not passing on information to the defense attorney as stated in the law. The purpose of the investigation is to find the truth, not to find a sacrificial lamb to take to slaughter. The failure to lawfully turn over this information resulted in an innocent man being incarcerated for 28 years. This should be disgusting to all Americans, not just the family of the innocent. Realize that this activity left unchecked will ultimately contaminate the rights of all.
It is the responsibility of all American citizens to see that the system is fair to all, least none of us have any guarantees of fairness.