Wednesday, April 22, 2009

Judge declines to step down in Johnson case

Wood rules he is not biased against Sarah


By TERRY SMITH
Express Staff Writer

Fifth District Court Judge Barry Wood has declined to disqualify himself from post-conviction court proceedings for convicted murderer Sarah Johnson.

In a decision filed April 16, Wood denied a disqualification motion filed by Christopher Simms, Johnson's court-appointed attorney for post-conviction relief. Simms alleged in the motion that Wood was biased against Johnson during her trial.

Wood's 10-page decision states that Simms failed to show bias.

"Simply put, this court's recitation of the evidence presented at trial for purposes of the jury instruction conference and/or to rule on other motions does not establish bias against the petitioner," Wood wrote.

Simms is seeking a new trial for Johnson, whose post-conviction relief petition also alleges that she had inadequate legal counsel during her trial.

Johnson was convicted by a jury in 2005 of murdering her parents, Alan and Diane Johnson, at the couple's home in Bellevue in September 2003. Wood, who presided over the trial, sentenced Johnson to two life prison terms without the possibility of parole. Johnson is currently an inmate at the Pocatello Women's Correctional Center.

Simms alleged in his disqualification motion that Wood "independently apprised himself of the facts and background of the case, specifically by reading the grand jury transcripts and police reports, as well as visiting the crime scene."

"In independently apprising himself in an extra-judicial manner, of the background and facts of the case, the judge created in himself a bias against petitioner, which bias was displayed as the case and the trial progressed," Simms wrote.

However, Wood pointed out in his ruling that it was the jury, and not the judge, that found Johnson guilty.

The judge acknowledged that he read the grand jury record and "certain of the police reports" but wrote that the information was relevant to motions filed by defense counsel. He also acknowledged that he visited the crime scene, but wrote that the jury and legal counsel also visited the premises during the trial.

"The above conduct of the court, including this court's reading of the file materials, is neither independent, ex-parte or extra-judicial," Wood wrote. "This criminal case was a jury trial. The jury was the trier of fact, not the judge. No bias was formed by this court."

Wood originally scheduled a hearing on the disqualification motion, but instead ruled on the issue without hearing oral arguments.

Simms has alleged that Johnson is innocent of the murders. He is investigating previously unidentified fingerprints on the murder weapon, a .246 Winchester Magnum hunting rifle.

Terry Smith: tsmith@mtexpress.com




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