Trial News Article

A Marinette County judge denied two defense motions for accused killer Scott J. Johnson Tuesday.
Johnson, 38, of Kingsford, is charged with three first degree intentional homicides in a July 31 shooting rampage that killed three Michigan teens at the East Kingsford train bridge that spans the Menominee River.
Following three hours of testimony from law enforcement officials, Marinette County Circuit Court Judge Tim Duket ruled Johnson's two statements made to the police without an attorney present will be allowed as evidence. Duket also denied a change of venue request.
Public defenders Shannon Viel and Carrie Laplant of Green Bay, Wis., are representing Johnson. The attorneys did not have any predictions going into the motion hearing Tuesday. They said they just wanted to present the issues.
"Decisions are what they are. We'll go from here," Viel said afterwards. "We're just going to move forward. We didn't bank on it."
Viel said opting for a change of venue was the first and foremost issue to settle, along with making sure every option was fully explored.
Marinette County District Attorney Brent DeBord, who was defeated by his assistant Allen Brey in the November election, asked the Attorney General's Office in Madison, Wis., to take over the case. Roy Korty, assistant attorney general, said the office is glad to assist in these kinds of cases. Assistant Attorney General Gary Freyberg said Johnson's statements are important in this case. He said he was not surprised at the judge's ruling.
Johnson was interviewed by police twice on the morning of Aug. 1 after being apprehended in a wooded area near Bennett Road and County N in the town of Niagara. He was interviewed at a Command Center for about 30 minutes and then again at the Marinette County Jail for about two hours.
Both these interviews were without an attorney present and after the defendant was read his Miranda rights.
The defense said law enforcement chose to interview Johnson immediately after being arrested with a dozen officers around with guns drawn. They argued that he was at his weakest point at that time. Johnson's attorneys also argued the length of the questioning should be considered and weighed against the emotional aspect of the defendant.
Freyberg said Johnson was moved and provided with water. He also said officers were asked to move away from the Command Center's trailer, and some did.
"He was able to read and write, and there was no indication he didn't understand his rights," Freyberg said. "He appeared not upset, normal, no evidence of intoxicants. Yes, he was out all night. There was no evidence he was sleepless. He planned to do this."
Freyberg said there was minimal amount of force used at Johnson's arrest. And he was not made any threats, promises or inducements. He was informed of counsel twice.
Duket said what strikes him when he listens to the tapes is that Johnson is talkative and seems to want to talk about what happened.
"I found it striking how conversational he was - like he was at a coffee shop having coffee. It was really striking. It was conversational," Duket said. "He chose to talk. He was aware. He waived his right to silence and to have an attorney," Judge Duket said.
Defense attorneys continued to argue that articles in The Daily News and online blogs do not help their case.
"They are still readily available to any potential juror who wants to find information," Laplant said of the on-line information.
She added the blogs went into inflammatory detail, and that a particular article in The Daily News interviewed the defendant's mother. Laplant said a quote in that article appears to presume guilt. She said the public's access to this information affects Johnson's ability to have a fair trial. Laplant also said a letter Michigan U.S. Bart Stupak wrote in October indicates Johnson deserves federal charges. She said that is an example of the general feeling of the Wisconsin Justice System. "That feeling that has been put out there violates our client's rights," she said.
The defense said these reasons alone require a change of venue.
"Certainly this case has generated publicity. The defense gave 12 examples," Freyberg said. "At most, we have a quote from the defendant's mother and the second is no more than the DA disclosing the information of the criminal complaints." Freyberg said it is dangerous to go too far with the defense argument. "These are not published by newspaper editors. They are comments only online," he said, adding that the media reports were factual, objective reporting. "I understand the state's relatively small county, and the level of publicity increases the chances of any potential juror who will have read the case; therefore the state is not opposed to selecting a jury from another county," he said.
Judge Duket said the newspaper articles and online blogs are not rebel rousing or inflammatory. He added the TV, radio and newspaper reports are pretty straight-forward reporting. "It doesn't mean he can't get a fair trial in Marinette County. We can deal with the problem that may have been corrupted by blogs and a congressman," Duket said. Duket said the fact that the trial is not scheduled until March, more than seven months after the shooting, is a benefit for a jury from Marinette County. "I am confident we can draw a jury. As far as those blogs, prejudicial blogging is limited to Upper Michigan. It's been my rough knowledge that two-thirds of the county live in one-third of the county," he said.
Freyberg said court cases are obviously something that is extremely difficult for family members and to them it is like re-living the crime.
"They are strong people and are doing as well as expected," Korty said.
Johnson has pleaded insanity to the 10 felonies, which also includes six counts of attempted first-degree intentional homicide by use of a dangerous weapon and one count of second degree sexual assault.
A pre-trial conference will be held March 9. The trial, which is expected to last three weeks, is set to start March 16 in Marinette County Circuit Court.
Attorneys on each side are to come up with a list of questions for the potential jurors. The jury will be sequestered.

We're At The Top Of The World.

Scott Johnson was in court today. The defense attorneys for Scott J. Johnson were not granted what they requested during a motion hearing in Marinette County Circuit Court Tuesday.

Johnson, 38, of Kingsford, is charged with three first degree intentional homicides in a July 31st shooting rampage that killed three Michigan teens.

Following three hours of the state of Wisconsin calling law enforcement to the witness stand for questioning, Judge Tim Duket decided Johnson's two statements made to the police without an attorney present will not be suppressed.

In addition a change of venue was not granted.

I am really happy about this. Johnson better not get off easy in any way, shape or form. The fact that he is even trying to get insanity boils my blood. Although, if he did get it, he would eventually be able to discharged from the mental hospital.... then revenge would be ours. That spineless, cold-blooded killer. I loath him.

Grateful #9:

I am grateful that it is finals week this week. I worked as hard as I could this semester, and really liked all of my classes. I just am looking forward to being able to relax and cope some more, without all the other pressures of life.

When You Get Knocked Down, You Gotta Get Back Up

I live life with a lot of confusion and anger lately. I must say, the Lexapro does help with my everyday, little annoyances and anger. It does not help or change my anger for Scott Johnson or Ian Spencer at this point.

Scott Johnson is the most despicable man I have ever known. He absolutely disgusts me down to my very core. He took away the closest & most special person to me, my cousin Tony, as well as two other lives. He has ruined a countless number of lives through his actions. He is heartless and did not have any remorse for what he did that day. He fucking planned it for 5 years! He is a sick, sick, sick human being, who needs to be punished to the full extent of the law & then worse. When he gets sent to prison, I hope the prisoners let him know what they think of a child killer, and make him pay for what he did. Tony, you will always be my everything. I love & miss you more than I could ever describe.

Ian was my stepfather. I thought he was an amazing person, and I do still love him in a way. Unfortunately, he did kill Jeff, my mother's boyfriend, through a senseless act of violence. He also punched my mother so hard, he broke her nose, & gave her a concussion. I have noticed after all of this, that Ian really is a liar, and not quite the person I always had thought he was. It still really bothers me that he gets treated so much worse that Scott Johnson, who is obviously a cold blooded killer. I know Ian will get punished more harshly for this than a white man in this area would, but I really hope that he knows how much he hurt my mother, my sister and me. He took away the only person that made us feel any sort of safety and security after Tony died. Jeff loved us, treated Karly & me like daughters, and he truly loved my mother. It was three months since Jeff passed on Saturday. I miss & love you, Jeff.

I just don't know what to do. The justice system is inefficient, corrupt & unfair. I am studying Pre-Law and do not want to become a part of such a messed up system. Also, I question motives and sincerity often. I trust very few people. It just sucks. These things have forever changed my life, my outlook on life, and my functioning from day-to-day. I just hope that justice stands strong. I hope that I stand strong.

Grateful #8:

I am grateful for living in a place that has all four seasons. I love nature and the outdoors. Nothing is more beautiful than fresh snowfall, leaves changing, warm rain or a beautiful summer day. I thought I wasn't ready for the snow, but now that it is here, I am extremely glad. I can't wait to go snowboarding. Hopefully Tony will give me some of his skills.