Inmate argues against death penalty
A man convicted of killing a Kirkwood police officer wants a new trial.
Kevin Johnson, now 23, was sentenced to death after the Oct. 2007 murder of Kirkwood police Sgt. William McEntee.
Johnson's attorney, Deborah Wafer, appeared before the Missouri Supreme Court in Jefferson City Wednesday and argued Johnson deserved a new trial.
Wafer argued Johnson should get a new trial based on the fact that one of the jurors in his trial worked with the wife of Detective Don Scognamiglio. Scognamiglio testified at Johnson's trial.
The juror and Scognamiglio's wife had worked together for more than two years, almost three years before the trial.
"We depend on jurors to pay attention and to listen to what the trial court's questions are," Wafer said. "That should have given a message to this juror to say that this is important. It's critical that jurors listen."
This juror's failure to disclose that she knew the Kirkwood detective was likely unintentional, Assistant Attorney General Daniel McPherson said. McPherson said this wasn't an issue because the record didn't indicate the juror's knowledge of Scognamiglio had any effect on the unanimous verdict.
The defense also brought into question the race of a juror who was dismissed. The trial court dismissed this juror because she was hesitant to answer questions about the death penalty.
The defense argued there was no evidence of the juror's demeanor in the record. Wafer said because there was no evidence in the record, it was difficult to corroborate what the trial judge believed to be true.
While McPherson agreed with Wafer that it is good practice to include demeanor as part of the record in cases like this one, he said there's no evidence to indicate the removal of this juror was unjust.
If Johnson receives a new trial after the Missouri Supreme Court hands down its opinion, it will be his third trial since he was arrested for murder. Johnson's first trial ended in a hung jury. His second trial resulted in his conviction and sentencing.
Since Johnson was sentenced to the death penalty, appeals for his life have not only come to the courtroom, they have also been online. There is a MySpace page dedicated to freeing Johnson.
This page has a narrative of Johnson's trials as well as photographs of Johnson with his daughter, Cori.
2008 ended with the lowest number of executions in 14 years in the United States. Last year also had the least number of people sentenced to death since 1976, the year the death penalty was reinstated.
Missouri currently has 49 inmates on death row, including Johnson.