Friday, March 7, 2008

Supreme Court schedules Johnson appeal hearing

Life insurance benefits for slain parents still in question


By TERRY SMITH
Express Staff Writer

Sarah M. Johnson Photo by Mountain Express

Almost three years after she was convicted of killing her parents, Sarah M. Johnson's appeal continues to wind its way through the Idaho judicial system.

Oral arguments for Johnson's appeal of two first-degree murder convictions are scheduled for May 9 in Boise before the Idaho Supreme Court. In the meantime, Johnson is serving two life prison sentences without the possibility of parole.

In two related situations, Johnson's potential share of $550,000 in life insurance benefits for her slain parents remains in question, and it's not clear what, if any, effect the recent suspension from law practice of her defense attorney will have on her appeal.

Johnson was convicted on March 16, 2005 in the shooting deaths of her parents, Alan and Diane Johnson, at the family's home in Bellevue on Sept. 2, 2003. She was 16 at the time. She is now 21.

Denied due process?

Johnson's appeal before the high court centers on claims that she was denied due process during her trial.

Specifically, the State Appellate Public Defender's Office, which is representing Johnson, is alleging that 5th District Court Judge Barry Wood erred when he instructed the jury that Johnson could be found guilty of first-degree murder even if she wasn't the one who pulled the trigger. The appeal alleges that Johnson was never charged with "aiding and abetting" in the murder, nor did her defense attorneys have the opportunity to argue the situation.

The State Appellate Public Defender's Office is also alleging that juror No. 85 should have been removed from the jury because of possible prejudicial statements he made during jury selection.

Johnson has claimed previously that she received "ineffective legal counsel" during her trial, but Molly Huskey, an attorney with the state appellate office, said those allegations will not be addressed in Johnson's appeal. Huskey said it could be addressed later in a "post conviction relief petition" filed by Johnson. The petition, on hold pending the outcome of Johnson's appeal, is a legal procedure wherein a defendant can ask the court for a reduced sentence or a new trial.

Suspended from practice

Former Blaine County public defender Bob Pangburn, who represented Johnson during her murder trial, was suspended in January from practicing law in Idaho for two years by the Idaho Supreme Court.

The suspension is not related to allegations made by Johnson. Rather, Pangburn was suspended in Idaho as a "reciprocal sanction" for "professional misconduct" while Pangburn was an attorney in Oregon.

Technically, Pangburn resigned from the Oregon State Bar in 2004 after complaints were filed there accusing him of "conduct involving dishonesty, fraud, deceit or misrepresentation" and other instances of attorney malfeasance. His resignation under those circumstances was the equivalent of a suspension and the Idaho State Bar Professional Conduct Board filed a complaint against Pangburn in June 2005.

Neither the State Appellate Public Defender's Office nor the Idaho Attorney General's Office, which is representing the state in Johnson's appeal, were willing to speculate about the effects Pangburn's suspension might have on Johnson's situation.

Life insurance benefits

A civil case that has run somewhat parallel to Johnson's murder case involves disbursement of $575,000 in life insurance benefits on polices taken out by Alan and Diane Johnson.

Sarah's brother, Matthew, received his half of the proceeds a few months after the deaths of his parents. He's been to court several times since then arguing that Sarah is not entitled to the other half of the benefits because of the Idaho Slayer Act.

The case was last heard almost a year ago in Blaine County 5th District Court. Judge Robert J. Elgee ruled in Matthew Johnson's favor but made disbursement of the money to him contingent upon the Supreme Court's approval.

Ketchum attorney Bruce Collier, who is representing Matthew Johnson, said Thursday that his client has declined to take the issue to the Supreme Court because of the time and expense involved.

"We decided we would not go to the trouble of going to the Supreme Court," Collier said. "We decided to wait until the outcome of the criminal appeal."

A model prisoner

Sarah Johnson, who has maintained her innocence for the past four and one-half years, remains incarcerated in cell block 5 at the Pocatello Women's Correctional Facility.

"From what I see, she has no disciplinary problems," said Jeff Ray, a spokesman for the Idaho Department of Correction. "I don't see where she's been in any kind of trouble."




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