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Double jeopardy plea could set convicted murderer free

The Bakersfield Californian | Wednesday, Apr 16 2008 11:22 AM

Last Updated: Wednesday, Apr 16 2008 11:33 AM

The sentencing of convicted murderer Glenn Maurice Johnson was postponed Wednesday after Johnson's attorney entered a plea of "once in jeopardy" for his client.

Double jeopardy is the common term for the principle that no one shall be tried twice for the same crime.

Johnson was found guilty March 27 of second-degree murder in connection with the death of Lamar Rufus in 2002. It was his third trial for the same crime.

Johnson was convicted in 2003 of second-degree murder in the death of Rufus. But that conviction was tossed in 2004 because the jury did not receive proper instructions on the law.

His conviction of second-degree murder in 2005 was thrown out in August 2006 by the 5th District Court of Appeal because the court said the prosecution withheld key evidence from the defense.

In his motion Wednesday, Deputy Public Defender Michael Lukehart contended that when Deputy District Attorney Arthur Norris withheld the evidence, a possible acquittal was prevented. As such, the third trial amounted to double jeopardy.

Lukehart did not say Norris intentionally withheld evidence, but that it was inadvertent. Norris said it was indeed an oversight and therefore should not be grounds for a finding of double jeopardy. Such a finding could nullify the conviction in March.

Judge Louis Etcheverry said he would take a few days to consider the plea. Meanwhile, Johnson's sentencing hearing was rescheduled for May 15.