ST. LOUIS: A Missouri judge on Tuesday overturned the conviction of a man who has served nearly 28 years of a life sentence for a killing that he has always said he didn’t commit.
Lamar Johnson, 50, closed his eyes and shook his head slightly as a woman on his legal team patted him on the back when Circuit Judge David Mason issued his ruling.
Before announcing his decision, Mason said that in weighing the case, there had to be “reliable evidence of actual innocence — evidence so reliable that it actually passes the standard of clear and convincing.”
A court official said after the hearing that Johnson would be “processed out” but should be available soon outside of the courthouse.
St. Louis Circuit Attorney Kim Gardner filed a motion in August seeking Johnson’s release, prompting a hearing in December before Mason.
“Today the courts righted a wrong — vacating the sentence of Mr. Lamar Johnson, following his wrongful conviction in 1995,” Gardner said in a statement after Tuesday’s hearing. “Most importantly, we celebrate with Mr. Johnson and his family as he walks out of the courtroom as a free man.”
Gardner said she’s “pleased that Mr. Johnson will have the opportunity to be the man and member of community that he desires.”
The Missouri attorney general’s office argued at the December hearing that Johnson should remain in prison.
Johnson was convicted of murder for the 1994 fatal shooting of Marcus Boyd. Police and prosecutors blamed the killing on a dispute over drug money. From the outset, Johnson maintained his innocence, saying he was with his girlfriend miles (kilometers) away when the crime occurred.
Gardner said an investigation conducted by her office with help from the Innocence Project convinced her that Johnson was telling the truth.
Boyd was shot to death on the front porch of his home by two men wearing ski masks on Oct. 30, 1994. While Johnson was convicted and sentenced to life, a second suspect, Phil Campbell, pleaded guilty to a reduced charge in exchange for a seven-year prison term.
Johnson testfied at the December hearing that he was with his girlfriend on the night of the crime, except for a few minutes when he stepped outside of the home of a friend to sell drugs on a corner several blocks from where the victim was killed.
“Did you kill Marcus Boyd?” an attorney asked.
“No, sir,” Lamar Johnson responded.
Johnson’s girlfriend at the time, Erika Barrow, testified that she was with Johnson that entire night, except for about a five-minute span when he left to make the drug sale. She said the distance between the friend’s home and Boyd’s home would have made it impossible for Johnson to get there and back in five minutes.
The case for Johnson’s release was centered around a key witness who recanted his testimony and a prison inmate who says it was he — not Johnson — who joined Campbell in the killing.
James Howard, 46, is serving a life sentence for murder and several other crimes that happened three years after Boyd was killed. He testified at the hearing that he and Campbell decided to rob Boyd, who owed one of their friends money from the sale of drugs.
Howard testified that he shot Boyd in the back of the head and neck, and that Campbell shot Boyd in the side.
“Was Lamar Johnson there?” asked Jonathan Potts, an attorney for Johnson.
“No,” Howard answered.
Howard and Campbell years ago signed affidavits admitting to the crime and claiming Johnson was not involved. Campbell has since died.
James Gregory Elking testified in December that he was on the front porch with Boyd, trying to buy crack cocaine, when the two gunmen wearing black ski masks came around the house and began the attack. Elking, who later spent several years in prison for bank robbery, initially told police he couldn’t identify the gunmen.
He agreed to view a lineup anyway. Elking testified that when he was unable to name anyone from the lineup as a shooter, Detective Joseph Nickerson told him, “I know you know who it is,” and urged him to “help get these guys off the street.”
Saying he felt “bullied” and “pressured,” Elking named Johnson as one of the shooters. Gardner’s office said Elking was also paid at least $4,000 after agreeing to testify.
“It’s been haunting me,” he said of his role in sending Johnson to prison.
Nickerson denied coercing Elking. He testified in December that Elking’s identification of Johnson was based on all that he could see of the shooter’s face — his eyes. Johnson has one eye that looks different than the other, Nickerson said. “You can clearly see it.”
Dwight Warren, who prosecuted Johnson in 1995, said that beyond Elking’s testimony, the main evidence against Johnson was an overheard jail cell conversation. A jailhouse informant, William Mock, told investigators at the time that he heard Campbell and Johnson talking when one of them said, “We should have shot that white boy,” apparently referring to Elking.
Warren acknowledged that convicting Johnson would have been “iffy” without Mock’s testimony.
At the December hearing, Special Assistant to the Circuit Attorney Charles Weiss sought to raise credibility concerns about Mock, noting that he sought release from incarceration as a reward for aiding the case. He had been successful in getting probation after a similar jailhouse revelation years earlier in Kansas City, Missouri.
Nickerson described Johnson as a violent drug dealer who had been arrested in killings “probably three times” before Boyd’s death, but was never convicted because witnesses wouldn’t testify.
Judge Mason heard that, paused, then asked, “You sure this isn’t a situation where you guys were in a little bit of a rush to make a conviction?”
“Not at all, Your Honor, not one bit,” Nickerson responded.
In March 2021, the Missouri Supreme Court denied Johnson’s request for a new trial after then-Attorney General Eric Schmitt’s office argued successfully that Gardner lacked the authority to seek one so many years after the case was adjudicated.
The case led to the passage of a state law that makes it easier for prosecutors to get new hearings in cases where there is fresh evidence of a wrongful conviction. That law freed another longtime inmate, Kevin Strickland, last year. He had served more than 40 years for a Kansas City triple killing.
Judge vacates conviction of man imprisoned nearly 3 decades
https://arab.news/b27fc
Judge vacates conviction of man imprisoned nearly 3 decades
- Lamar Johnson was convicted of murder for the 1994 fatal shooting of Marcus Boyd — police and prosecutors blamed the killing on a dispute over drug money
- The case for Johnson’s release was centered around a key witness who recanted his testimony and a prison inmate who says it was he — not Johnson — who participated in the killing
Zelensky says Ukraine’s victory ‘depends’ on United States
Zelensky has said he will outline a plan to end the war by November
KYIV: President Volodymyr Zelensky said Wednesday that Ukraine’s plan to defeat Russia depended on Washington’s support, speaking as US Secretary of State Antony Blinken visited Kyiv.
“As for the plan for victory... it depends mostly on the support of the United States. And other partners,” Zelensky said in a press conference.
His remarks come just under two months before US elections that could be challenging for Ukraine if Donald Trump is back in the White House.
Trump aides have suggested that if he wins, he would leverage aid to force Kyiv into territorial concessions to Russia to end the war.
Zelensky has said he will outline a plan to end the war by November.
He has argued that a surprise incursion by Ukrainian troops into Russia’s Kursk region allows Kyiv to enter potential negotiations from a position of strength.
Ukraine held a peace summit in June in Switzerland with leaders and top officials from more than 90 countries but did not invite Russia.
Zelensky has since said Moscow should be included in the next gathering.
The Kremlin has ruled out talks since the assault in Kursk, and has demanded Ukraine cede swathes of territory for a ceasefire.
Philippines deadliest place for environmental defenders in Asia, rights group says
- Global Witness recorded 17 killings of environmentalists in Philippines in 2023
- Colombia was the deadliest country for environmental activists, with 79 killed
MANILA: The Philippines is the deadliest country in Asia for environment defenders, the latest Global Witness report shows, with the country recording the most environmental killings in the region for over a decade.
At least 196 environmentalists and land activists were killed globally in 2023, according to UK advocacy group’s estimates released earlier this week.
The figure brings the total number of people killed for trying to protect their homes, community or the planet to 2,106 since 2012, when Global Witness started its monitoring.
Colombia was the deadliest country for environmentalists and land rights defenders in 2023, the Philippines was fourth.
“Colombia had record-high defender killings in 2023 with 79 deaths: the highest annual total ever recorded by Global Witness Followed by Brazil (25), Mexico (18) and Honduras (18) and the Philippines (17),” the report read.
At the same time, the Philippines was the third — preceded only by Colombia and Brazil — in the total number of such killings since the first Global Witness report, with 298 environmental and land activists killed between 2012 and 2023.
The report also highlighted “cases of enforced disappearances and abductions, pointed tactics used in both the Philippines and Mexico in particular, as well as the wider use of criminalisation as a tactic to silence activists across the world.”
Besides the Philippines, only two other Asian countries are featured in this year’s report: India, where five activists were killed, and Indonesia, where three such killings were recorded.
Jashaf Shamir Lorenzo, environmentalists and head of research at BAN Toxics Philippines, told Arab News that environmentalists were oppressed in a number of ways.
“The most extreme cases include red-tagging, abduction, and even killings ... It seems that environmentalists who are most at risk are those who get in the way of big industries, big politicians. It doesn’t really differ much from what we see happening to journalists, human rights defenders, and activists,” he said.
“We need the government to really take action — environmental concerns have always been a big part of political platforms for decades, but major incidences of abuse point towards a lack of commitment to not only protect the environment, but to protect its stewards.”
He said impunity of the abusers has been aided by government inaction since the times of President Ferdinand Marcos Jr.’s predecessor, Rodrigo Duterte, who was in office from 2016 to 2022.
“Ever since Duterte, the government has been really lenient with these things,” he said.
“Unless the government really commits to protecting the environment, these abuses will only worsen.”
UK summons Iranian charge d’affaires over transfer of ballistic missiles to Russia
- “UK Government was clear in that any transfer of Ballistic Missiles to Russia would be seen as a dangerous escalation and would face a significant response”: Ministry
LONDON: Britain’s foreign ministry on Wednesday summoned Iran’s charge d’affaires, the country’s most senior diplomat in London, over the transfer of ballistic missiles to Russia.
“Today, in coordination with European partners and upon instruction from the Foreign Secretary, the Chargé d’Affaires of the Iranian Embassy in London was summoned to the Foreign, Commonwealth & Development Office,” the foreign ministry said in a statement.
“The UK Government was clear in that any transfer of Ballistic Missiles to Russia would be seen as a dangerous escalation and would face a significant response.”
US Secretary of State Antony Blinken said on Tuesday during a visit to London that Russia had received ballistic missiles from Iran and would likely use them in its war in Ukraine within weeks.
On Tuesday, Britain, the US and European allies all condemned the move.
Britain sanctioned Iranian individuals and entities involved in drone and missile production, as well as Russian cargo ships it said were involved in transporting the missiles from Iran to Russia.
Russia pushes back Ukrainian troops in some areas of Kursk, commander says
- Major General Apti Alaudinov, who commands Chechnya’s Akhmat special forces fighting in Kursk, said that Russian troops had gone on the offensive and taken back control
- “A total of about 10 settlements in the Kursk region have been liberated”
MOSCOW: Russian forces have begun a significant counter-offensive against Ukrainian troops who smashed their way into western Russia last month, and have taken some territory back, pro-Moscow war bloggers and a senior Russian commander said.
Ukraine on Aug. 6 launched the biggest foreign attack on Russia since World War Two, bursting through the border into the region of Kursk with thousands of troops supported by swarms of drones and heavy weaponry, including Western-made arms.
Major General Apti Alaudinov, who commands Chechnya’s Akhmat special forces fighting in Kursk, said that Russian troops had gone on the offensive and taken back control of about 10 settlements in Kursk, TASS reported.
“The situation is good for us,” said Alaudinov, who is also deputy head of the Russian defense ministry’s military-political department.
“A total of about 10 settlements in the Kursk region have been liberated,” he said.
Reuters was unable to verify the battlefield reports due to reporting restrictions on both sides of the war. Russia’s defense ministry said it had defeated Ukrainian units at a number of villages in Kursk.
There was no immediate comment from Ukraine.
Ukrainian President Volodymyr Zelensky said last week that his forces controlled 100 settlements in Kursk region over an area of more than 1,300 sq km (500 sq miles), a figure disputed by Russian sources.
Yuri Podolyaka, an Ukrainian-born, pro-Russian military blogger, and two other influential bloggers — Rybar and the Two Majors — said that Russian forces had begun a significant counter-offensive in Kursk.
“In the Kursk region, the Russian Army launched counter-offensive actions on the western flank of the enemy’s wedge, reducing the Ukrainian zone of control near the state border,” the Two Majors blog said.
Podolyaka said that Russian forces had taken several villages on the west of the sliver of Russia that Ukraine carved out, pushing Ukrainian forces to the east of the Malaya Loknya River south of Snagost.
Russian forces also advanced in eastern Ukraine, and were fighting in the center of the town of Ukrainsk in the Donetsk region, according to Russian war bloggers and open source maps of the war.
Italian court ends detention for MSF migrant rescue ship
- A court in Salerno, the southern Italian port where the vessel had been blocked, suspended the measure, the charity wrote on X
- “The ship is free to rescue lives!” it said
ROME: The international aid group Medecins Sans Frontieres (Doctors Without Borders — MSF) on Wednesday obtained the release of its migrant rescue ship, which had been grounded two weeks ago by Italy’s right-wing government.
MSF’s Geo Barents vessel was handed a 60-day detention order, the longest on record, for allegedly failing to properly coordinate with Italian and Libyan authorities as it picked up migrants off Libya on Aug. 23.
A court in Salerno, the southern Italian port where the vessel had been blocked, suspended the measure, the charity wrote on X.
“The ship is free to rescue lives!” it said.
The detention order was the third against the vessel, and the longest to date. MSF International President Christos Christou traveled to Salerno to support the organization’s appeal against it.
“At this exact moment the Mediterranean is a huge emergency room and Geo Barents and the doctors are sitting in a corner with their hands tied,” Christou told Reuters, accusing the government of obstructing humanitarian sea rescues.
Prime Minister Giorgia Meloni has passed legislation to curb the activities of NGOs in the Mediterranean, including by impounding of their vessels or forcing them to travel long distances to disembark migrants, increasing their fuel costs.
Christou dismissed government charges against the MSF ship, saying it had been “waiting for instructions” as it approached a migrant boat, and spontaneously picked up its passengers after they jumped into the sea.
Meloni has defended her approach, pledging at a cabinet meeting last month to launch another crackdown — this time on migrant work permits — and saying the fall in sea arrivals under her watch also resulted in fewer migrant drownings.
“The only way to prevent further tragedies at sea is to stop departures and fight unscrupulous traffickers,” she said.
The MSF chief said Meloni’s claims overlooked the fact that many deaths at sea go unreported, and argued that migrants blocked on their way to Italy would reach Europe via other routes.
In the year to date, there have been about 44,500 sea arrivals in Italy, and around 1,100 people drowned or went missing at sea. Year-on-year, arrivals are down by 62 percent, while the dead or missing have fallen by a lesser extent — about 50 percent.
As part of its deterrence strategy, Meloni’s government is also building detention camps in Albania for migrants picked up at sea. The plan, hit by delays and criticism from human rights advocates, is expected to be operational within weeks.
Christou said MSF had “serious concerns” about the initiative, calling it “another new way of externalizing the duty of the Italians and Europeans” to assist people fleeing from poverty or conflict.
