Post by happyhaddock on Oct 20, 2006 13:44:49 GMT -5
Tenn. inmate's execution stayed
By ROSE FRENCH, Associated Press Writer
NASHVILLE, Tenn. (AP) - A man convicted of murdering his wife more than two decades ago was granted a stay of execution after his attorneys argued the prosecutor's star witness was given a secret deal of immunity to give condemning testimony.
Before the stay granted Thursday night, Donnie Johnson had been scheduled to be the first person to die in the state's electric chair in 46 years on Oct. 25.
State attorney general's office spokeswoman Sharon Curtis-Flair said the state was still deciding whether to challenge the ruling by the 6th U.S. Circuit Court of Appeals.
In 1985, Johnson was convicted of suffocating his 30-year-old wife, Connie, by stuffing a plastic garbage bag into her mouth.
Johnson, 55, has maintained his innocence and accused a work-release inmate of robbing and killing his wife.
Ronnie McCoy had testified he found the woman dead at a camping center Johnson managed and helped Johnson dispose of his wife's body by leaving it in her van at the Mall of Memphis.
McCoy testified he did not have a deal to testify, and the prosecution also told the jury in closing argument there was no reason for McCoy to lie.
State prosecutor Kenneth Roach also swore in an affidavit that McCoy did not receive immunity, according to the defense brief.
"As it turns out, in reality, McCoy had a very good reason to lie: To receive immunity from prosecution," the defense brief states.
Kelley Henry, one of Johnson's lawyers, said they have a sworn statement from McCoy's parole officer that indicates he did have a deal with the state to testify against Johnson.
Under the deal, McCoy was not charged or served any jail time for his alleged participation in the murder, Henry said.
By ROSE FRENCH, Associated Press Writer
NASHVILLE, Tenn. (AP) - A man convicted of murdering his wife more than two decades ago was granted a stay of execution after his attorneys argued the prosecutor's star witness was given a secret deal of immunity to give condemning testimony.
Before the stay granted Thursday night, Donnie Johnson had been scheduled to be the first person to die in the state's electric chair in 46 years on Oct. 25.
State attorney general's office spokeswoman Sharon Curtis-Flair said the state was still deciding whether to challenge the ruling by the 6th U.S. Circuit Court of Appeals.
In 1985, Johnson was convicted of suffocating his 30-year-old wife, Connie, by stuffing a plastic garbage bag into her mouth.
Johnson, 55, has maintained his innocence and accused a work-release inmate of robbing and killing his wife.
Ronnie McCoy had testified he found the woman dead at a camping center Johnson managed and helped Johnson dispose of his wife's body by leaving it in her van at the Mall of Memphis.
McCoy testified he did not have a deal to testify, and the prosecution also told the jury in closing argument there was no reason for McCoy to lie.
State prosecutor Kenneth Roach also swore in an affidavit that McCoy did not receive immunity, according to the defense brief.
"As it turns out, in reality, McCoy had a very good reason to lie: To receive immunity from prosecution," the defense brief states.
Kelley Henry, one of Johnson's lawyers, said they have a sworn statement from McCoy's parole officer that indicates he did have a deal with the state to testify against Johnson.
Under the deal, McCoy was not charged or served any jail time for his alleged participation in the murder, Henry said.