WASHINGTON – A federal appeals court let stand kidnapping, attempted murder and weapons convictions against a man who was coerced into giving a statement after first telling Prince George’s County police he wanted an attorney.
While the 4th U.S. Circuit Court of Appeals said that Gregory “Little Greg” Johnson’s statements should not have been admitted at his trial, it also said that the statements themselves were harmless and it let his convictions stand.
The court rejected Johnson’s claim that he should not have been forced to pay restitution in the case, but it ordered a new sentencing hearing, saying his 65-year sentence was improperly based on facts not found by the jury.
Court documents said Johnson and two other men tried to rob Anthony Raymond, Akil Asson and a woman, forcing them to the ground in the parking lot of a 7-Eleven in Chillum in the early morning of Feb. 8, 2002.
After searching the victims, one of the men kicked Raymond in the face and shot at him, but missed, before forcing the woman into a car and driving into Washington, D.C.
Court records said the men threatened to kill the woman, tried to sexually assault her and beat her to stop her from praying out loud in the car. She managed to escape from the moving vehicle, but fell because the men had pulled her pants to her ankles as she tried to get out.
Johnson walked up and sexually assaulted the woman, according to court records, then shot her three times because, he said, “she had heard his name.”
Johnson turned himself in to police on Feb. 28, 2002, when he learned that a warrant had been issued for his arrest. After he signed the Prince George’s County Waiver of Rights form, saying he did not wish to make a statement without a lawyer, police left him alone. But Johnson did not ask for an attorney.
About 45 minutes later, the court said, Detective Reginald Fenner went into the interview room and spent an hour giving what he described as a “one-way lecture” on police investigative tactics. Fenner then presented a new form to Johnson, who checked “yes” where it asked if he would like to “make a statement at this time without a lawyer.”
Johnson gave two written statements over the next several hours to detectives. Those statements were admitted at his trial, where he was ultimately convicted of kidnapping, use of a firearm in a crime of violence and attempting to kill a potential witness.
Johnson was sentenced to just under 66 years in prison, followed by five years of supervised release. He was also ordered to pay $495 to the woman and $5,240 to Family and Child Services for the psychological therapy she received.
He argued on appeal that his statements should have been suppressed at his trial and a three-judge panel of the circuit court agreed in a published opinion. But the court said the statements — in which Johnson downplayed his role in the crime — were harmless and were outweighed by other testimony in the case.
Johnson also argued that he should not have to pay restitution to Family and Child Services for the costs of the woman’s treatment. The agency was not a victim, he said, and the cost of its services was less than the discounted cost it charged the woman.
But the appeals court said he was required to “pay an amount equal to the cost of necessary medical . . . services,” and that restitution for medical and psychological costs was not limited to “expenses incurred by the victim.”
The federal court did, however, order a resentencing hearing.
It said Johnson’s sentence level was increased based on the evidence of the sexual assault, even though he was never convicted of that crime. Court rulings since then have said that sentences based on anything other than what the jury finds constitute “plain error.” The court ordered a resentencing.
-30- CNS 03-09-05