Wednesday, March 16, 2005

Jury instructions make conviction easier

Include aid and abet ruling


By GREG STAHL
Express Staff Writer

If Sarah Johnson did not pull the trigger of the rifle that killed her parents two years ago in Bellevue, jurors might still find she is guilty of two counts of first-degree murder.

The important distinction was handed down in a courtroom order by 5th District Judge Barry Wood on Friday, March 11. At the request of prosecutors, Wood ruled that Johnson could be convicted even if jurors believe she aided and abetted.

Defense attorneys objected to the decision.

"You're wrong about these decision," defense attorney Mark Rader told the judge Monday morning. "Substantial parts of your conclusions do not match evidence that was presented at the trial. There is no evidence to support that Sarah Johnson aided and abetted anybody."

Defense attorney Bob Pangburn said the prosecutors' motion indicates a weakness in their case. He also said that if Johnson is convicted, the judge's decision will ultimately weaken the jury's decision and make it easily subject to appeal. He said Idaho Code provides for aiding and abetting but pointed out that Johnson was not charged with that. Nor did the state make the case for that charge, Pangburn said.

"It's indicative of how desperate they are," Pangburn said. "Now that the evidence has shown Sarah didn't pull the trigger, they want to shore up their case."

But Wood stood firm and reiterated his position Monday morning.

"When one takes the totality of all the circumstances...the evidence is real strong in my view that there's some involvement by the defendant," Wood said. "She was there, within 25 feet of where Alan and Diane Johnson were shot."

Wood read the instructions to the jury Monday afternoon.

"The law makes no distinction between a person who directly participates in the acts constituting a crime and a person who, either before or during its commission, intentionally aids, assists, facilitates, promotes, encourages, counsels, solicits, invites, helps or hires another to commit a crime with intent to promote or assist in its commission," Wood said. "Both can be found guilty of the crime. Mere presence at, acquiescence in, or silent consent to, the planning or commission of a crime is not sufficient to make one an accomplice."

In making his decision, the judge identified pieces of evidence he said could lead the jury to "reasonably infer" that Sarah Johnson at the very least helped someone else kill her parents. Among them were the locations of the various items used in the crime, including guns, bullets, gloves and the pink bathrobe worn by the shooter and owned by Johnson.

Wood noted that access to the Johnson family guesthouse was "limited" and pointed out there is no evidence of a forced entry. He said the murder weapon, a rifle that was stored in a closet on the second floor of the guesthouse, had "obscured access."




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