State ex rel. Johnson v. Blair
| Decision Date | 31 August 2021 |
| Docket Number | No. SC 99176,SC 99176 |
| Citation | 628 S.W.3d 375 |
| Court | Missouri Supreme Court |
| Parties | STATE EX REL. Ernest JOHNSON, Petitioner, v. Paul BLAIR, Warden of Potosi Correctional Center, Respondent. |
Johnson was represented by Jeremy S. Weis and Laurence E. Komp of the federal public defender's office in Kansas City, (816) 471-8282.
The state was represented by Gregory M. Goodwin and Michael J. Spillane of the attorney general's office in Jefferson City, (573) 751-3321.
In February 1994, Ernest Lee Johnson bought a bottle of beer and a package of cigarettes at a Columbia convenience store he frequented.1 Johnson made a second trip to the convenience store but did not purchase anything. On one of these trips, Johnson questioned the cashier about who would be working the next shift. The cashier responded Mabel Scruggs would relieve her at 5:00 p.m. and the store closed at 11:00 p.m. Johnson left but returned a short time later, staying only a few minutes before leaving again. The cashier noticed Johnson staring at her while she deposited the money from her shift into the store safe. Johnson again did not purchase anything on this trip.
Johnson went to his then-girlfriend's house and purchased a $20 rock of crack cocaine from his girlfriend's son, Rodriguez Grant. Johnson left but returned to buy two more rocks and ask Rodriguez to lend him the .25 caliber pistol Johnson gave him a few weeks prior in exchange for crack cocaine. Rodriguez agreed, and the two test-fired the pistol in the back yard. Johnson returned the gun a while later, claiming it did not work but then retrieved the pistol and left again, wearing layers of clothing, a mask over his face, and black tennis shoes. For around a month, Johnson confided to Rodriguez his plans to hold up the convenience store, locking all but one employee in the back room and having the remaining employee open the safe.
The next time Johnson returned to the house, his face and clothes were spattered with blood. Johnson came in through the back door and went downstairs to Rodriguez's room and gave him back the pistol. Johnson then cleaned his tennis shoes, took off his clothes, put the clothes into a trash bag, and told his girlfriend's other son, Antwane Grant, to get rid of the bag. Johnson had a large amount of money sorted by denomination, and he and Rodriguez counted it. Johnson then hid the money in an air vent. Rodriguez went back upstairs and soon smelled something burning. When Rodriguez returned downstairs, he found Johnson burning paper.
At 1:12 a.m., a deputy sheriff responded to a call to check on the convenience store for the possibility of a disturbance involving weapons. The store lights were still on. Through the windows, the officer saw the cash register was opened and the money vault was out and in the middle of the floor. He observed blood smears on the front door lock. City police officers arrived with keys. Upon entering, they discovered two dead bodies and a .25 caliber shell casing in the bathroom. Another body and another .25 caliber shell casing were found inside the walk-in cooler. The safe was empty.
All three victims were store employees: Mary Bratcher, age 46; Fred Jones, age 58; and Mabel Scruggs, age 57. Each victim died from head injuries consistent with a bloody hammer found at the scene. In addition, Mary Bratcher suffered at least ten stab wounds to her left hand consistent with a bloody flat-head screwdriver found in a field near the store, and Fred Jones suffered a nonfatal, facial gunshot wound. Officers also found a bloody Phillips screwdriver, a pair of gloves, a pair of jeans, and a brown jacket in the field next to the store.
Hair on the gloves was consistent with Mabel Scruggs. Blood on the gloves was consistent with Mabel Scruggs or Fred Jones. Hair on the jacket was consistent with Fred Jones. Blood on the jacket was consistent with a mixture of the blood of all three victims.
On the morning the bodies were discovered, Johnson went to a shopping mall and made over $200 in cash purchases. After he returned to his girlfriend's house, police officers arrived asking for any information about the murders. Johnson initially refused to speak with the officers but eventually agreed to accompany them to the police station. The interviewing officer did not believe Johnson's alibi and read him his Miranda rights. Johnson then gave conflicting versions of his alibi and became depressed whenever the convenience store was mentioned. He stated he did not care if the officers shot him. At one point Johnson said, "It took more than one man to do that job."
The police obtained a search warrant for Johnson's girlfriend's house and found a bag containing $443; coin wrappers; partially burned checks, coupons, and a cash register receipt—all bearing the convenience store's name; a live .25 caliber round; and a black pair of tennis shoes with the same company logo as the bloody shoeprints found inside the store.
Officers arrested Johnson. Upon seeing Rodriguez Grant in a holding cell, Johnson stated, When asked how he knew this information, Johnson responded, "I knew they weren't there."
Antwane Grant led police to the park where he hid, at Johnson's direction, a .25 caliber semi-automatic pistol, 17 live rounds of .25 caliber ammunition, a sweat shirt, a pair of sweat pants, a hooded jacket, two stocking caps, and two pairs of socks. Antwane identified the clothes—and the black tennis shoes found at the house—as those Johnson wore the evening of the murders.
Blood on the sweat shirt was consistent with Fred Jones. Blood on the hooded jacket was consistent with Fred Jones or Mabel Scruggs. Hair on one of the stocking caps was consistent with Fred Jones’ and Johnson's hair.
A Boone County jury found Johnson guilty of three counts of first-degree murder and sentenced him to three death sentences. Johnson sought post-conviction relief. This Court affirmed the guilt-phase but set aside his three death sentences. Johnson I , 968 S.W.2d at 702. Following a second penalty-phase proceeding, the new jury returned three death sentences. This Court affirmed the death sentences on direct appeal in Johnson II , 22 S.W.3d at 194. This Court later set aside those death sentences during Johnson's second post-conviction appeal, remanding the case for a third penalty-phase proceeding because of incomplete evidence of his mental capacity—specifically, his alleged intellectual disability. See Johnson III, 102 S.W.3d at 541. Following the third penalty-phase proceeding, the jury found Johnson is not intellectually disabled and again imposed three death sentences. This Court affirmed the death sentences on direct appeal. See Johnson IV , 244 S.W.3d at 165.
Johnson filed a Rule 29.15 pro se motion for post-conviction relief, and appointed counsel filed an amended motion. Johnson V , 333 S.W.3d at 462. The motion court held an evidentiary hearing and received testimony from three mental-health professionals, from Johnson's third penalty-phase attorneys, and from several other witnesses relating to guilt-phase testimony. Id. The motion court entered findings and a judgment overruling Johnson's motion. Id. This Court affirmed the denial of Johnson's final post-conviction relief motion. Id. Johnson then filed for habeas relief in the United States District Court for the Western District of Missouri. The district court denied Johnson's eight claims and denied a certificate of appealability. A panel of the United States Court of Appeals for the Eighth Circuit also unanimously denied a certificate of appealability and rehearing.
The Supreme Court denied a petition for writ of certiorari on October 6, 2014. This Court then issued a warrant of execution and set Johnson's execution date for November 3, 2015. Johnson filed his first petition for writ of habeas corpus in this Court, which this Court denied. Johnson then filed an as-applied challenge to Missouri's method of execution in federal court. The district court dismissed Johnson's complaint, and Johnson moved for a stay of execution. Johnson appealed, but the Eighth Circuit overruled the motion for stay. Johnson v. Lombardi , 809 F.3d 388 (8th Cir. 2015). The Supreme Court then granted Johnson's request for a stay of execution. Ultimately, Johnson amended his petition twice in the federal district court, but both times the district court found Johnson's petition failed to state a claim under FRCP 12(b)(6). See Johnson v. Lombardi , 2:15-CV-4237-DGK (W.D. Mo. May 1, 2017). After the district court dismissed Johnson's second amended petition, Johnson appealed, and the Eighth Circuit concluded Johnson sufficiently stated a claim. The State petitioned the Supreme Court for a writ of certiorari, which was granted. The Supreme Court subsequently vacated the Eighth Circuit's judgment and remanded the case to the Eighth Circuit for further consideration in light of Bucklew v. Precythe , ––– U.S. ––––, 139 S. Ct. 1112, 203 L.Ed.2d 521 (2019). On remand, the Eighth Circuit determined Johnson had not stated a claim upon which relief could be granted and rejected his request for leave to file a third amended complaint in order to propose a firing squad as a new alternate method of execution. Johnson then petitioned the Supreme Court for writ of certiorari. On May 24, 2021, the Supreme Court denied certiorari. Johnson v. Precythe , ––– U.S. ––––, 141 S. Ct. 1622, 210 L.Ed.2d 849 (2021) (Sotomayor, J., dissenting). The State then filed a notice of ruling and supplement to the State's second motion to set execution date, renewing its request for this Court to set an execution date.
This Court issued its order setting Ernest Johnson's execution date for October 5, 2021. Johnson filed this petition for writ of habeas corpus, alleging (1) he is actually innocent of the death penalty because he is intellectually disabled;2 (2) the jury...
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