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.