Johnson v. Mechling
| Decision Date | 04 October 2011 |
| Docket Number | No. 08-2477,08-2477 |
| Parties | LORENZO JOHNSON, Appellant v. NEAL MECHLING, SUPERINTENDENT; COMMONWEALTH OF PENNSYLVANIA |
| Court | U.S. Court of Appeals — Third Circuit |
NOT PRECEDENTIAL
On Appeal from the United States District Court
for the Middle District of Pennsylvania
and NYGAARD, Circuit Judges.
Michael Wiseman, Esq. (Argued)
P. O. Box 120
Swarthmore, PA 19081
Amy G. Donella, Esq.
Defender Association of Philadelphia
Federal Court Division
Counsel for Appellant
William R. Stoycos, Esq. (Argued)
Office of Attorney General of Pennsylvania
Corey Walker murdered Taraja Williams. At a joint trial, Petitioner Lorenzo Johnson was convicted as Walker's accomplice and co-conspirator in this murder. Johnson appeals the District Court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The sole question certified to us on appeal is whether the evidence was sufficient to prove Johnson guilty of first degree murder and conspiracy to commit murder.
Because the only issue before us is the sufficiency of the evidence, we must recount the evidence that was developed at trial in some detail. We state the facts in the light most favorable to the Commonwealth, and will draw all reasonable inferences from those facts in the Commonwealth's favor. See United States v. Dent, 149 F.3d 180, 187 (3d Cir. 1998). With this standard of review in mind, we turn to the District Court'srecitation and summary of the trial evidence.
The first witness to testify was Laura Davis, a patrol officer with the Harrisburg Bureau of Police. Officer Davis testified that she was on patrol in the early morning hours of December 15, 1995, when she heard a loud booming sound nearby. Officer Davis began to search for the source of the sound and encountered individuals who told her that someone had been shot in an alley between two houses on Market Street. Officer Davis then encountered a crowd of people in front of the Midnight Special bar, located on 14th and Market Streets, and an individual there indicated he heard a shot in the 1400 block of Market Street. After Officer Davis searched further, an individual waved her over to an alley between 1420 and 1422 Market Street where she discovered the body of Taraja Williams. The alley was about four feet wide and extended eight to ten feet back to a fence. The body was just inside the alley.
The next witness was Leroy Lucas, a member of the Harrisburg police department's forensics unit. When Officer Lucas arrived at the crime scene, he saw many footprints leading from the victim into the alley toward the six-foot fence and on the other side of the fence through the alley. Officer Lucas also recovered from the scene a partial shotgun with the barrel missing. The officer testified that the body of the victim lay approximately ten feet from the fence, relatively close to the sidewalk at the entrance to the alley.
Gary Miller, the son of the owner of the Midnight Special bar, testified that he wasworking at the bar the night of December 14-15, 2005, and recalled seeing Williams and Corey Walker in the bar. He did not recall seeing Lorenzo Johnson. Miller testified that he was working when he heard the doorman yelling "you all got to take that out of here" and then went to the door where he saw Walker and Williams leaving.
Carla Brown, a friend of the victim, testified next. Brown testified that she was in the bar on the night of December 14-15, 2005, and saw Walker, Johnson, and Williams engaged in an argument. Brown could not hear what was said or who was speaking, but the argument involved "a lot of arm movements." Before long, the bouncer told them to leave. Brown followed Walker, Johnson, and Williams as they left the bar "because she wanted to know what was going on." Brown recalled that Walker was wearing a long leather coat and walked as if he had something hidden under it. The three men walked in a single-file line with Walker in the front, Williams in the middle, and Johnson in the back. Brown followed slowly behind with her hood up. Walker and Johnson did not notice her, but Williams, who knew her, did. The three men continued walking single file until they reached the alley where Walker entered first, Williams entered next, and Johnson remained at the entrance. As she approached the alley, Williams told Brown to keep going. Brown walked a few feet beyond the alley when she heard a loud boom and ran.
Brown admitted that she had been addicted to drugs and that she was high on cocaine at the time of the killing. According to Brown, the amount of drugs in her systemon the night of the murder, on a scale of one to ten, was a seven. She also stated that after the incident she ran to a friend's house and got high. Brown testified, however, that she had been clean for nine months and was currently employed. Brown admitted that, at the preliminary hearing, she had testified that she was drunk at the time of the incident but not on drugs. Brown testified that she did not contact police because she was scared that she would be killed. Brown admitted that, when she was first contacted by police, she told them she knew nothing about the incident. Brown also testified that although she knew who Victoria Doubs (another trial witness) was after being shown a photograph of her, she was not friends with Doubs and had never talked to Doubs about the incident.
The next witness was Aaron Dews, an in-house advisor at Visions Youth Works which was located in one of the buildings bordering the alley. Dews testified that he and another staff member heard a loud boom on the night of the incident. After first checking to see if it was the furnace, Dews looked out the window and saw two silhouettes running up the driveway away from the house. Dews stated that he could not see the two individuals in detail because there was plastic over the window.
Brian Ramsey, a friend of the victim, was the next witness. Ramsey testified that Williams was a cocaine addict who sometimes sold drugs to support his habit. He stated that he knew who Walker and Johnson were and that he had seen them together most of the time. Ramsey testified that on the night of the incident, he was selling drugs on Market Street near the Midnight Special bar. Williams was also out on Market Streetmaking runs for drug dealers that night. Ramsey first testified that, when he last saw Williams, he was moving into an alley with two individuals. On cross-examination, Ramsey corrected himself, stating that he saw three individuals with Williams, one female and two males. This testimony was consistent with the statement he gave police on the night of the incident. Ramsey testified that one of the individuals with Williams walked with a limp, so Ramsey assumed it was a "crippled guy" whom he knew to be a drug dealer. Ramsey stated he assumed Williams was in the alley to make a drug deal.
A minute after Ramsey saw Williams and the other individuals enter the alley, he heard a loud boom. After Ramsey heard the sound, he walked around the block. When he returned, he noticed Walker and Johnson among the crowd of people in front of the Midnight Special bar. Ramsey testified that Walker and Johnson seemed stunned, "like sort of maced like what happened, Taraja has been killed . . . are you serious?" Ramsey admitted that he was serving a sentence in Dauphin County Prison, that he was under the influence of cocaine on the night of the incident, and that although he was still a drug addict, he was in recovery.
The next witness was Detective Kevin Duffin of the Harrisburg Bureau of Police, who investigated the Williams murder. Detective Duffin testified that, about twelve hours later, on December 15, 1995, he was in an unmarked car when he approached three individuals in a brown Ford. The Ford sped away at a high rate of speed. Detective Duffin placed a flashing light on the roof of his car and followed the Ford. When theFord struck another car, the three occupants fled on foot. Two of the individuals were apprehended. One of them was Lorenzo Johnson, the petitioner.
The next witness, Victoria Doubs, testified that she, Walker, and Johnson were "close friends" who "ran the streets together." On December 14, 1995, Doubs, Walker, and Johnson woke up together in a house at 18th and Carnation Streets. They went out to buy some marijuana and then went to a Kentucky Fried Chicken restaurant near 14th and Market Streets. When Williams approached, Walker went over to talk to him and the two of them walked back toward Johnson and Doubs. Doubs testified that Walker and Williams "were talking about the money that Taraja [Williams] had owed us." Walker continued to confront Williams about the money. Williams "started getting smart," began "cussing out" Walker, and told "him he'd give it to him when he felt like and he ain't scared of him." Walker hit Williams and they started to fight. Williams won the fight, beating Walker with a broomstick.
Many people saw Williams beat Walker, which made Walker angry. After the fight, Walker, Johnson, and Doubs left. Doubs and others laughed at Walker and made jokes. Walker stated Doubs testified that Walker Johnson was present when Walker made these statements. Walker, Johnson, and Doubs returned to the house at 18th and Carnation Streets where others were told about the fight and also made fun of Walker. This made Walker angry and he repeated that he was "going to kill that kid."
Doubs testified that she first told police that late on the night of December 14, 1995, she, Johnson, Suquan Ripply, "a guy named Cliff, and a girl named ReeRee" were on their way to New York. The next time Doubs met with police, however, she told...
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