PETITION FOR CLEMENCY FOR EDWARD EARL JOHNSON
TO: HONORABLE WILLIAM A. ALLAIN i
- GOVERNOR, STATE OF MISSISSIPPI
INTRODUCTION
Edward Earl Johnson was eighteen years old at the time
of the capital murder for which he was convicted was
committed. He is now twenty-six years old. With the
exception of the crime for which he now stands to be
executed, Edward Johnson has exhibited unblemished
character. He had no prior history of arrests prior to
this crime. Edward Earl has been a model prisoner since the
time of his incarceration at the Maximum Security Unit in
Parchman, Mississippi in 1980. He has committed no
disciplinary violations. For the last seven years, he has
served in a position of responsibility as a “Hall Man,"
the equivalent of a trustee on death row.
Clemency for Edward Earl Johnson is highly appropriate.
His background and history, as well as his sincere and
persistent efforts to rehabilitate himself, all call for
mercy.
HISTORY OF EDWARD JOHNSON
Edward Johnson grew up in Leake County, living with his
grandparents. His father was earning $35.00 per week when
Edward was born. The premature birth left the Johnsons with
a large debt, which was compoynded by the severe medical
problems Edward Johnson suffered in the first months of his
life. The cumulative effect of the family dire financial
situation and his father's chronic, lifelong alcohol problem
left Edward Earl uncared for and near starvation.
Eventually, his grandparents took him to their home in
Walnut Grove, where he was brought up.
The trauma of his early childhood left its impression
on Edward Johnson's character. (See affs. generally) His
family and friends know him as a youth who would never leave
“his grandmother's side: Even when he graduated high school,
he would not stay over at his aunt's house, only forty yards
away. The only times he ever missed school were to say home
and tend for his grandmother. All the money he made from
his odd~jobs he gave to his grandmother to help with her
expenses. (Aff. Jessie Mae Lewis)
The psychological effects of his early abandonment were
worsened by a devastating physiological brain disorder.
This manifested itself in Edward Johnson's inability to
remember simple facts that his relatives would relate to him
and, later on, in organic brain syndrome when he became
intoxicated.
Nevertheless, throughout his early life, Edward Earl
avoided involvement with the law. He was never arrested for
any crime. He substituted his childhood dream of basketball
stardom for an ambition to become a police officer. After
he left school, he took an aptitude exam for law
enforcement. The results did not reach his grandmother
until just after his arrest in the tragic death of the
Carthage City Marshal. ,
CIRCUMSTANCES OF THE CRIME AND ARREST OF EDWARD JOHNSON
The prosecution hinged primarily upon a written
statement prepared by the sheriff and signed by Edward
Johnson after two days of interrogation: The sheriff and
a deputy drove Edward Johnson toward Jackson, pulled off on
the side of the road, and obtained the confession.
According to the officers' testimony, Edward Johnson was
informed by law enforcement officials that he could only
help himself by talking with them, and that things would go
better for him "in Heaven" if he did so (Hab. Tr. 217).
Edward Johnson had been drinking heavily on the night
of the killing.(Aff. Cleve Johnson) He was accused of
breaking into the house of Sally Franklin and assaulting
her. Sally Franklin was at first unable to identify Edward
Johnson as the person who assaulted her, but later changed
her mind and did identify him. Edward Earl was unarmed at
the time and of the break-in. When a man staying with Ms.
Franklin appeared, Edward Johnson fled from the house.
At a short distance from the house Edward Johnson was
stopped by Marshal Trest. According to the confession, Mr.
Johnson shot the town marshal twice with a small caliber
pistol located in his car, and then with the officer's
revolver. The town marshal lost consciousness within
fifteen seconds.
The crime involved no deliberation. Dr. Timothy
Summers, a psychiatrist, and Dr. Gilbert MacVaugh, a
psychologist, conclude that at the time of the commission of
the crime Edward Earl Johnson suffered from organic brain
syndrome, due to his alcohol dependency and brain
dysfunction. (Affs. Summers & MacVaugh) According to these
experts, Edward Johnson's debilitating psychological state
caused him to be unable to control his behavior at the time
of the crime. Id.
THE TRIAL
Prior to his capital trial the District Attorney made
the determination that life imprisonment would be an
appropriate punishment and offered Edward Johnson a life
sentence. His attorneys erroneously informed him that if he
accepted the life sentence he could not be considered for
parole.. (Affs. Brown & Alexander). Edward Earl Johnson
declined, believing at the age of eighteen that if he pled
guilty, he would be required to spend the rest of his life
in prison, without the possibility of being considered for
parole. (Aff. E.E. Johnson)
Because of a great amount of publicity surrounding the
case, Edward Johnson's trial counsel moved for a change of
venue. The trial court refused, notwithstanding
indications by a majority of jurors that they had heard
about the case.
The focus of the guilt or innocence phase of trial
was the challenge of the defendant to the confession. The
Trial Court ruled the confessions admissible, and Edward
Johnson was convicted,
The sentencing phase of the trial was brief, with the
defense submitting very limited evidence from three
witnesses. Nothing concerning Edward Earl's mental defects
or alcohol dependency was presented to the jury. Little
positive information from friends and relatives was
considered by the jury which determined death to be the
appropriate punishment. In contrast, Edward Johnson's
attorneys have now secured statements from over thirty
potential mitigating witnesses who would have been willing
to testify on Edward Earl's behalf. These statements are
included as part of this petition for clemency.
During closing argument at the sentencing phase,
defense counsel's argument was interrupted a total of
thirteen times by objections from the prosecutor. Defense
counsel was not allowed to argue that the jury had the
power of God to take life or to spare it, that death was an
unfair punishment in this case compared to other crimes not
punishable by death, and that by returning a sentence of
death the jurors would be committing an act equaily wrong as
Edward Johnson's crime. (Tr. 2052-2069) Further, defense
counsel attempted to describe the manner in which Edward
Johnson would be executed by gas, but was stopped by an
objection from the prosecutor.
Mississippi Supreme Court Justice Armis Hawkins
dissented from the affirmance of Edward Johnson's sentence
of death based on the above-mentioned curtailment of the
defense closing argument.
Edward Johnson has consistently maintained his
innocence.
EDWARD JOHNSON'S PRISON HISTORY
Since 1980, Edward Johnson has been incarcerated on
death row in Parchman, Mississippi. He has a perfect
disciplinary record. He has been the death row equivalent
of a trustee for seven years, almost the entire period of
his incarceration.
Edward Johnson is currently oblivious to the reality of
his impending execution. (Aff. Johnson) He is suffering
from schizophrenia and mania, and is engaged in a "flight
from reality" regarding his status. Id.
CONCLUSION
Edward Earl Johnson and his family respecfully asks
that he be considered for clemency. He cannot redeem the
tragic mistake he made in his youth. He can only pray that
he be given an opportunity to continue to prove himself
worthy of the gift of life.
EXHIBITS TO MR. JOHNSON'S
CLEMENCY PETITION
Affidavit of R. Jess Brown, Trial Counsel.
Affidavit of Fernist J. Alexander, Jr., Trial
Affidavit of Edward Earl Johnson.
Affidavit of Dr. Gilbert MacVaugh, Jr.
Affidavit of Dr. Timothy Summers, M.D.
Joint Exhibit of Affidavits of Potential
Mitigation Witnesses.
(1) Affidavit of Nathaniel Lewis
(2) Affidavit of Pastor Lillie Randall
(3) Affidavit of Velma Camper
(4) Affidavit of Theadora Lelaine Lewis
(5) Affidavit of Lizzie Lee Caston
(6) Affidavit of William Caples
(7) Affidavit of Jessie Stamps
(8) Affidavit of Cornelius Lewis
(9) Affidavit of Louise Lewis
(10) Affidavit of Annie Ruth Fields
(11) Affidavit of J.C. Lewis
(12) Affidavit of Bettye Lou Johnson
(13) Affidavit of Terry Lee Fortune
(14) Affidavit of Winson Hudson
(15) Affidavit of Williey J. Nollie
(16) Affidavit of B.J. Johnson
(17) Affidavit of Samuel B. Hoye
(18) Affidavit of H. Glenn Freeny
(19) Affidavit of Lula Caples
(20) Affidavit of Braxton Kitchings
(21) Affidavit of Charles McLaurin
(22) Affidavit of Truman L. Brantley
(23) Affidavit of Fred Smith
(24) Affidavit of Cleve Johnson
(25) Affidavit of Thelma Johnson
(26) Affidavit of Jessie Mae Lewis
(21) Affidavit of Robert P. Hairston
(28). Affidavit of Kenneth B. Nunn
Counsel.
(29)
(30)
(31)
(32)
(33)
(34)
Affidavit
Affidavit
Affidavit
Affidavit
Affidavit
Affidavit
of
of
of
of
of
of
George Field
Gloria Parker Bell
Irven Parker
Patricia Ann Lewis
Raymond Lewis
Ora L. Bouchee
Affidavit of Clive A. Stafford Smith.
Affidavit of Robert B. McDuff.
EXHIBIT A
COUNTY OF HINDS
STATE OF MISSISSIPPI
AFFIDAVIT OF R. JESS BROWN
COMES NOW, R. JESS BROWN, being duly sworn, and deposes and
states as follows:
1. I am an attorney duly licensed to practice law in the
State of Mississippi. I make this affidavit regarding State of
Mississippi v. Edward Earl Johnson.
2. Along with Mr. Firnist Alexander, I represented Mr.
Johnson in his trial for capital murder back in 1979 and 1980.
I have subsequently been counsel on Mr. Johnson's case, through
state and federal post-conviction proceedings, to his loss in the
Fifth-Circuit last year, and the denial of certiorari by the
United States Supreme Court some weeks ago.
3. Mr. Johnson was tried for the capital murder of a police
officer in Leake County, Mississippi. As I best recall, the
evidence adduced at the trial, that when this officer, a
City Marshall, was killed, the law enforcement officers went
Mumergrrr
through the county and brought in young black
males, aged approximately between 18 and 20, for questioning.
Mr. Johnson was one of them.
4. Mr. Johnson's case was not easy. He was a black man
accused of killing a police officer, whom I am informed was
white. I have been practicing law for a period of approximately
thirty-three years, and I feel that the chance of a black man
found guilty ofa similar charge or charges not getting the death
penalty are very small, if any. Of the capital cases I recall
wherein I have repre
nted the defendant, only one, a capital
rape prosecution back in the days wnen you could get the death
penalty for rape, did not result in a death sentence. That was
just because the jury could not agree on death.
5. At one point in
rd Earl Johnson's case, the prosecu-
tion offered to recommend a life sentence. Whatever I personally
believed the true facts to be, at that time I was sure that under
the evidence that would probably be admitted at the trial, Mr.
Johnson would receive the death sentence. I am confident that if
Mr. Johnson had accepted the offer, he would have received a life
sentence. However, when we told him that we understood that he
would not be eligible for parole ona life sentence, he would not
accept it. Under the circumstances, it is my opinion that he
would have accepted the offer if he had thought he would receive
a life sentence where he would at least become eligible for
parole.
6. One thing we tried to do was show Mr. Johnson's present
incompetence to be tried. It is called a "Suggestion of Insani-
ty". We put some family members on at a hearing, but the judge
daenied our motion. We never knew in advance that Mr. Johnson
was to be sent to Whitfield on the court's order.
7. We did later retain our own expert, Dr. Timothy Summers.
He reported to us that Mr. Johnson had some severe organic brain
disorder. However, he stated that he did not believe that Mr.
Johnson met the standard of right/wrong insanity. We understood
this to be the only issue which we could get into at trial,
whether any mental disorder impaired Mr. Johnson's ability to
judge the difference between right and wrong. It was for this
reason that we decided not to use Dr. Summers.
8. As for introducing expert testimony regarding insanity
at the penalty phase, we considered the statutory definition of
“substantial impairment" of Mr. Johnson's mental faculties to be
something equivalent to the right/wrong test. Maybe if he was so
intoxicated that he did not know what he was doing, which would
not be a defense at guilt innocence, that would also justify the
jury finding this mitigating circumstance.
. To the best of my memory, neither Mr. Alexander nor I
had ever handled a capital case where we had to put on a penalty
phase under the new bifurcated statute. The statute said that we
were limited to the seven mitigating circumstances, and we pre-
pared based on that. From what we knew about Mr. Johnson, not
many of the mitigating circumstances fit. We put on a family
witnes:
to testify about Mr. Johnson's youth, and some about the
fact that he may have drunk beer on the night of the crime, which
could have impaired his judgment.
10. prior to and upon the penalty hearing, we had no idea
from reading the statute that we could put on mitigating circum-
stances which did not appear in the list of seven. Certainly, if
we had known we could, there were many members of Mr. Johnson's
family and he had many friends who could say relevant things
about him.
11. When it came to the trial, the prosecution did not
leave many black jurors on the jury when they had used their
peremptory challenges.
12. The trial itself was a difficult experience. There was
an issue involving a juror, Ms. Leflore, who we heard could not
read and write. We held a hearing on that, and the District
‘attorney put me on the stand as a witness for the prosecution.
Then at the end of the hearing, he subpoenaed defense witnesses,
as well as Mr. Alexander, to appear before the Grand Jury for
some charge apparently against me. In the end nothing came of
that, but it was very intimidating to me, and made my job repre-
senting Mr. Johnson more difficult.
13. I delivered the final closing argument on Mr. Johnson's
behalf. I es requested that the trial judge allow us
at leadt,one hour '
‘pp. make bee However, we were only
yr
permitted’ forty-five HAUTE y which Alexander and I shared.
When the trial judge cut me off at the end of my time, I had by
no means finished. I had intended to highlight the statutory
mitigating circumstances which we had attempted to prove, but
because I ran out of time I was unable to do so.
; 14, In my representation of Mr. Johnson since the time of
his trial, I have not had occasionto discuss with him any issue
that might arise from my continued representation of him. My
understanding is that he simply wants me and those oiiers who
represent him to raise every possible ieee on hie behalf.
15. I have been informed of the iss’ Mel nag raised on his
wana fig teetien now bes ates fi Yea wp tna re conviction
and sentence; a hea teortlan thaw that he does not understand the
legal significance of the facts which are alleged in support of
the claims, even if he knew some of the facts.
THE AFOREGOING constitutes a true and accurate account of
what I know about Edward Earl Johnson, and does,not exhaust the
2 £2) ih gant
R. oa BROWN
sum of what I know.
Sworn to and subscribed to before
me this 11th day of May, 1987.
Hae PUBLIC 4 7
My commission expires the at
“day of » 19%.
Bureit B
COUNTY OF HINDS
STATE OF MISSISSIPPI
AFFIDAVIT OF FIRNIST J. ALEXANDER, JR.
COMES NOW, FIRNIST J. ALEXANDER, JR., being duly sworn, and
deposes and states as follows:
1. I am an attorney duly licensed to practice law in the
State of Mississippi. I make this affidavit in reference to the
case of State of M issij v. Edward Earl Johnson.
2. %In 1979 and 1980, along with R. Jess Brown, who was then
my law partner, I represented Mr. Johnson in the capital
prosecution against him. Mr. Brown had tried some cases where
the death penalty had been sought prior to the new bifurcated
procedures, but I had tried none. Neither of us was familiar
with the intricacies of the way that the new law operated.
3. Mr. Johnson, a black man aged eighteen at the time, was
charged with the death of a white city marshall in Leake County.
The case was racially polarized from the start. We defense
lawyers were black; the prosecution was virtually all white.
None of the eaivintow personnel in Leake County was black. As we
sat in the trial, the prosecution side of the courtroom was
almost entirely filled with white people, with the victim's
brother in the front row. This was particularly prejudicial,
since the brothers were almost twins, and the man sat there in
full uniform of a City Marshall, like the ghost of the victim.
Since the jury was seated right next to the prosecution table,
they had the victim's brother seated riyni in rront or the jury,
in full view.
4. Every aspect of the e was touched by racial
considerations. For example, we moved to quash the indictment
because the county had consistently discriminated regarding who
would f111 the role of Grand Jury foreperson. The jury which
tried Mr. Johnson had been purged of almost all its black members
by the prosecution's abuse of peremptory challenges.
6. It was an intimidating experience.’ By the end of the
trial, the District Attorney threatened to call me to the Grand
Jury as a witness against Mr. Brown on a charge of suborning
perjury.
6. I still feel that Mr. Johnson's conviction and his
sentence should have been reversed by now. For example, the
confession they extracted out of him should have been suppressed,
as involuntary, and in violation of his Sixth Amendment right to
counsel. We felt that we made the record on this, and it should
have won him relief.
te At one point, prior to the trial, the District Attorney
offered a plea to a life sentence. Of course, in a death penalty
case, there is no appeal from the grave, so you have to take a
life plea offer very seriously whatever the facts. Since he had
never been to jail before, and had never even been arrested to my
knowledge, he did not know much about what he was facing, and he
obviously dqpended upon us for advice as to what he should do.
However, when we told Mr. Johnson that it was life without the
possibility of parole, he did not take it.
a. We were commuting from Jackson ta Leake County for the
case, and there were at le
t two times that I think we missed
court dates. I am not sure what those hearings concerned. If
Mr. Johnson was evaluated by a state psychiatric expert after one
of those hearings, I did not hear about prior to the evaluaiton
taking place. Of course, Mr. Brown or I should have gone to talk
to the state expert if we had known about ,the timing of the
evaluation.
. 9. I remember that we were seriously considering some
peychiatric evidence. The family had said that they thought
there was something wrong with Mr. Johnson, and we put some of
them on at a hearing on a suggestion of insanity. We aiso re-
tained Dr. Tjmothy Summers, and he evaluated Mr. Johnson. After
he made hie diagnosis, while there was apparently evidence of
some serious mental disorders, we did not think that we could
meet the right/wrong test of insanity. Consequently we did not
use Dr. Summers at trial. We considered the statutory mitigat-
ing circumstance of “substantial impairment" to be another way of
stating that Mr. Johnson's mental illness must make him unable
properly to distinguish between right and wrong, or maybe be so
intoxicated that he just would not know the difference. If we
had known that Dr. Summers' testimony could be relevant to miti-
gation, we would have called him as a witness.
10. I remember at trial we offered a requested instruction
on mitigating circumstances. We listed all the seven statutory
circumstances in there. Since that was what the statute con-
tained, we definitely felt constrained by that limitation. When
we were preparing prior to trial, we were quite certain that we
would not be able to go beyond the scope of those circumstances.
11. When it came to the penalty phase, therefore, we could
not think of many things that could help. A couple of people
had mentioned that Mr. Johnson may have had a beer in his hand on
the night it was alleged that he did the crime, so we Put them on
to show that his judgment might be impaired. Then we thought we
could use Mr. Johnson's age as a mitigating circumstance, so we
put his grandmother on to talk about how young he was in many
ways. Certainly, if we had felt that we could get into anything
about his character or about the nature of the crime, we would
have put many more witnesses on. Mr. Johnson had a lot of family
and friends who could have said good things about him.
THE AFOREGOING constitutes a true and accurate account of
what I know about Edward Earl Johnson, and does not exhaust the
sum of what I know.
Sworn to and subscribed to before
me this i day of May, 1987.
2 F, or"
My tommigsion expires the
day of Rocil 1 19 .
COUNTY OF SUNFLOWER
STATE OF MISSISSIPPL
AFFIDAVIT OF EDWARD EARL JOHNSON
COMES NOW, EDWARD EARL JOHNSON, being duly sworn, and
deposes and states as follows:
1, I make this affidavit in support of my challenge to my
conviction and sentence of death,
2, Very recently, Mr. Robert McDuff and Mr, Clive Stafford
Smith agreed to take over my case, Before that, my lawyer ever
since I was first tried in Leake County has been Mr. R. Jess
Brown, At trial, there was another lawyer, Mr. Alexander. Later
on, Mr. Powell was with Mr. Brown.
3. Since I came to Parchman, I have not seen any lawyer
very often, I do not understand much about the law, I have
assumed that Mr. Brown and anyone else helping him have been
using every possible issue that could help me. That is what I
wanted them to do,
4, Neither Mr. Brown nor anyone else has ever advised me
that there might be a reason why Mr. Brown could not raise every
iesue on my behalf. If anyone had told me that, at any stage, I
would have wanted another attorney.
5. I did not talk to my attorneys, Mr. Brown and Mr,
Alexander, very much before my trial. Weeks used to go by with-
out my ever getting to see them. I just trusted that they were
doing everything that should be done.
6, They had me go to see a psychiatrist one time. I never
ves told what the doctor said to them after I had heen to see
him,
7. I did once talk to my attorneys about an offer of a life
sentence that the prosecutor had made, Mr. Brown told me that,
me being a black person charged with the murder of a police
officer, there was a good chance that I would get the death
penalty, Whatever actually happened in the case, he said, I
might be better off pleading guilty and taking life.
8. I thought about it, The thing that stopped me from
accepting it was Mr, Brown and Mr. Alexander said that I would
get life without the possibility of ever being paroled. That was
the one thing I could not face, not being eligible for parole,
If they had told me that I would one day have been eligible for
parole, I would have told them to go ahead and accept the offer,
THE AFOREGOING constitutes a true and accurate account of
what I know about the matter, and does not exhaust the sum of
what I know.
EDWARD EARL a
Sworn to and subscribed to before
me this llth Day of May, 1987.
NOTARY PUBLIC
My commigsion expires the J/
day of Lorene + 19a
i ls As met, Dees a Bedl
dessie Mselewis
with hec arandsen,
Edward Earl \ohnsen
Edward Eacl tchnsen
COUNTY OF WASHINGTON
STATE OF MISSISSIPPI
AFFIDAVIT OF _D: G
ILBERT S. MACVAUGH, JR.
COMES NOW, DR. GILBERT MACVAUGH, JR., being duly sworn, and
deposes and states as follows
1. IT am a clinical psychologist duly licensed to practice
in the State of Mississippi. I have extensive experience
evaluating criminal defendants in capital cases.
2. I have been requested by attorneys for Edward Earl
Johnson to give my opinion concerning mitigating circumstances
which might have been adduced on his behalf at trial, and his
current competence to be executed
3. In preparation for giving my opinion, I have been pro-
vided with the following materials: an affidavit of Dr. Timothy
Summers, M.D. (5/8/87); the entire records of the Mississippi
State Hospital from the time of his trial; many statements of
those who have known Mr. Johnson all of his life; and other
matters divulged to me by counsel.
4, On May 11, 1987, I‘travelled to Parchman, Mississippi,
in order to conduct a psychological evaluation of Mr. Johnson, 1
spent over five hours in the Maximum Security Unit with Mr.
Johnson, did a full status evaluation, and administered various
psychological tests upon him, On the basis of this information
I am able to draw certain conclusions concerning Mr. Johnson
Mitigating Circumstances
5. It is my belief that at the time of the crime, Mr.
Johnson suffered an alchohol dependency problem that was beyond
his voluntary control, His depandency problem caused his thinking
at times to be grossly disorganized. He has an extensive
personal and family history of alchohol abuse. There is a high
probability that as a result of intake of alchohol that Edward
Johnson had an alchohol-related organic brain condition at the
time of the commission of the crime which would have rendered him
unable to control his behavior, or appreciate the consequences of
his acts. ‘
Current Incompetence to be Executed
6. My evaluation of Mr. Johnson demonstrates a flight into
unreality insofar as his acceptance of his impending execution
He appears oblivious to the fact of his approaching execution.
He does not believe nor does he accept the notion that he can be
executed, which does not comport with the reality of his
situation,
7. Mr. Johnson suffers from an emotional block based on a
strong irrational defense mechanism which involves aawexve
denial, He appears to be too calm and too much in control for
someone about to be executed. He does not appreciate the gravity
of his situation.
8. Reliable test data suggest that Edward Johnson manifests
indications of manic and schizophrenic characteristics which he
apparently successfully hides from the lay observer.
9. Mr. Johnson's present condition may severely impair his
ability to discuss his case sensibly with his attorneys, and
offer them useful information concerning evidence which might
show his conviction or sentence of death to be unjust or unfair,
10, Edward Johnson is unable to relate any punishment through
execution to his own conduct, or the conduct alleged against him,
He does not understand why he is being singled out, and does not
have the proper mental framework to come to grips with his own
conscience, It is quite clear that this is the product of mental
disease or defect,
THE AFOREGOING constitutes a true and accurate account of
what I know about Mr. Johnson, and does not exhaust the sum of
what I know.
Sworn to and subscribed to before
me this llth Day of May, 1987.
NOTARY PUBLIC
My Comision Expres September I, 1994
AFFIDAVIT OF DR. TIMOTHY SUMMERS
STATE OF MISSISSIPPI
COUNTY OF HINDS
DR. TIMOTHY SUMMERS, being duly sworn, deposes and
says:
1. I am a psychiatrist. My office address is 485
West Northside Dr., Jackson, Ms. 39205. I have
extensive experience in forensic psychiatry, and have
been appointed on behalf of the state and defendants in
many capital murder cases to determine competency to
etand trial, insanity at the time of the crime, and the
psychological history of the defendants.
2. In 1979 I conducted an evaluation of Edward
Earl Johnson prior to his trial for capital murder. Mr.
Johnson was eighteen at the time of the crime, and
nineteen when I evaluated him. His history included
abandoment by his mother who didn't want him when he was
a baby. He was raised by his grandmother to whom he
became very attached. He had an alchohol dependency,
and at times suffered from alchoholic blackouts and
episodes of amnesia.
3. My evaluation revealed substantial mental
defects and my preliminary diagnosis was that he
suffered from brain dysfunction. ‘In my opinion he had
some brain damage from birth.
4. The brain dysfunction was exacerbated by
alchoholic intake. Drinking in combination with his
preexisting mental defect would cause a significant
change in his personality and detrimentally affect his
judgment. At those times he suffered from organic brain
syndrome. The effect of this condition would
substantially lessen his ability to control his
behavior.
5. I believe that his mental problems were
severe. This information would have presented the jury
at his capital sentencing trial with mitigating
circumstances of a substantial nature, and given the
jury a sympathetic picture of Edward Johnson's
background and history.
4. I informed Edward Earl Johnson's attorneys of
my above findings and opinion and recommended further
tests be conducted. I was not asked to conduct further
tests. I was not asked to testify at Edward Earl
Johnson's trial, but would have been willing to testify
to the above facts and opinion,
RR. TIMOTHY SUMMERS
pe
Sworn to and subscribed before me, this the
day of May, 1987.
NOTARY PUBLIC
£ [My Commission Expires apiiz, 191
My Commission Expires
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF NATHANIEL LEWIS
COMES NOW, the undersigned NATHANIEL LEWIS, being duly
sworn, and deposes and states as follows:
1 I make this affidavit on behalf of my nephew, Edward
Earl Johnson. He is the son of my sister, Betty.
2. I currently reside at 215 8. 8th Avenue, Maywood,
Illinois 60153.
ae I was born in Leake County, just north of Walnut Grove,
on November 8, 1942. There were five children. Betty was the
oldest, then me, followed by Annie Ruth, Raymond, and Thelma Mae.
Betty now lives in New york, as does Annie Ruth. Raymond lives
here in Maywood, Illinois, and Thelma Mae still lives in walnut
Grove.
4, My father was a farmer who worked on halves. That meant
that he would contract to work someone else's farm. The owner
would get £ifty percent of the. money taken in at harvest, From
our half, my father would have to pay for the next year's seed,
and pay any other expenses. Along with many others in Leake
County, it was a struggle for him and my mother to make ends
meet. We never had any money, and I would only get to go to
school after November or early December, when the harvest was in.
Then I would have to quit again in March, when the -winter was
over and it was time to get back out to the fields, My father
was still hard at work up until the time he died, on March 7,
1982, ;
5. Back when I was growing up, Leake County had a lot of
racial problems. In the next county over is Philadelphia, where
the three Freedom Riders were killed, around about the time that
Edward Earl was born, With integration, a few things changed on
the surface, but nothing changed down deep. There was not much
difference between the times when I was coming up and when Edward
Earl was.
6. Edward Earl looked to me pretty much like I was his
father. He lived with my mother and father -- his grandparents
-- after he was about three months old, and I was in the house
when he was young. Even after I moved out, I used to be in and
out of the house all the time, and I saw a lot of him.
7 I married my wife, Harvest Jean Lewis, on September 15,
1962. We now have six children. ‘Theadora is the oldest, and she
is now studying child psychology in college. Phillis is also in
college, studying to be a bookkeeper. The others -~ Nathaniel
Je., Donna Jean, Gloria and Natalie -- and still in school.
8. We left Mississippi and came to live in Illinois. I
worked a few years with the Pioneer Screw Company, and later as a
cab driver, but then I got into the business which I now own, I
run Lewis Trucktire Service, and have had the company ten years.
We have six employees.
9. I did not lose touch with Edward Earl and the rest of
the family, however. Edward Earl came to visit us on several
occasions, and once spent the entire summer staying with us. He
was about fourteen at the time, and got himself a joo selling
icecream at the place where I fixed tires. He was saving most of
the money he made, so that in the long run he would be able to
buy himself a car.
10. Edward Earl got on very well with my family. He was
particularly good with little Gloria, who was only about a year
old at that time. When my wife and I would go out, Edward Earl
would stay with her to babysit.
ll. In fact, throughout his life, I have known nothing bad
about Edward Earl. When he was young he never got into trouble.
At..that time, he wanted to be a professional basketball player,
and he was pretty good in school. However, he decided he did not
want to be a sporrtman. He did quite well in school, especially
.
in arithmetic, chemistry and, taking after his granddaddy, in
agricultural science.
12. When he graduated high school, though, he decided he
wanted to be a police officer. Indeed, I remember him studying
for it, and he even took a test. He passed, but his grandmother
did not receive the results until just after he was arrested.
13, It is very difficult for me to believe that Edward Earl
could be executed for the death of a police officer. There is
too much goodness in him, as you can see by the good record he
has had while he has been in prison. I cannot say what it would
do to his family and to me. I go down to see him once or twice a
month, and others come with me when they can. Those visits mean
so much to me.
14, Edward Earl's attorneys never contacted me prior to his
trial. I knew that the trial was about to take place, but I did
not know that anything I could say would ever be relevant or
helpful. Had I known I could have helped him, I would certainly
have come, whether the court had paid my costs of not. Indeed,
there are many people who live near me who know Edward Earl well,
and who would have wanted to help him out. I feel sure that I
could have got between 25 and 40 of his friends and relatives to
come and testify for him, now that I know that they could have
been helpful. We would have driven them all down, and they would
have stayed with the family.
15. Had Edward Earl's attorneys contacted me prior to the
trial I would have put them in touch with other people who could
put in a good word for him. My mother would have been the best
contact for other people from Mississippi, but iI could certainly
have given-all the names and addresses that I include below.
16. For example, from ‘the area of fllinois around me TI
could have told the lawyer about the following people -- his
cousins, aunts, uncles, friends and ministers -- who could have
helped Edward Earl: Harvest Jean Lewis, Theadora Lewis, Phil-
lis Lewis, Nathaniel Lewis Jr., Donna Jean Lewis, Gloria Lewis,
Natalie Lewis, Pastor L. Randall, Minister J. Stamts, Minister
B. Capers, Fontaine Caples, Lizzy Caston, Géorge Caples, Ora
Bouchee, William Caples, Levester Caples, Benie Caples, Reggie
Caples, Ernest Randall, Minister I. Peoples, Minister G. Branch,
Oda King, Bennie Harper, Germarish Johnson, Chiquita Bouchee,
Opal Tate, James Tiggs, Bennie Lee Bloodsaw, Willie B. Bloodsaw,
Vera Washington, Andrew Caples, Willis Bolder, George Bolder,
Justin Tiggs, Vera Fortune, Brenda Fortune, Willie Joe Jones,
Hubert Jones, Cornelius Lewis, Louise Lewis, Donnie Lewis, Irvin
Parker, Gloria Field, George Field, Raymond Lewis, Patricia Ann
Lewis.
» i. In New York, there is his mother, Betty Lyles, his
aunt, Annie Ruth Field, and Betty Jones, a close friend of the
family. In Mississippi, counsel could certainly contact Albert
Laymond, Ollie Joe Alexander, Charles Timms, Billie Wayne Blood-
saw, Annie Lois Buckley, Henretta Richmond, Thelma Mae Lewis,
Grace Richmond, Alton Crosby, Lula Caples and G. Caples, Edward
Earl's great uncle, who is a bishop. My mother could certainly
name many more. ,
The aforegoing is a true and accurate account of what I know
about Edward Earl Johnson, and does not exhaust the sum of what I
know.
’
Sworn to ubscribed to before
me this apee day of May, 1987.
Shui” Swrannah
NOTARY PUBLIC a
My commission expires the.
day of uly 1996.
4 Nathaniel Lewis
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF PASTOR LILLIE RANDALL '
Comes now, the undersigned Lillie Randall, being duly sworn,
and deposes and states as follows:
1. My name is Lillie Randall. I live in Chicago,
Illinois, and am a pastor in the Free Holiness Church in Chicago,
Illinois. My father, George Caples, is a clergyman and bishop in
Forest, Mississippi.
2. I make this affidavit on behalf of Edward Earl Johnson,
who is my third cousin.
Be I am presently 48 years old. The first nine years of
my life were spent growing up in Walnut Grove, Mississippi, and
at the age of 9, my family moved to Chicago. During my years in
Chicago, my family would come home to Mississippi about twice a
year. It was during those visits that I spent time with my third
cousin, Edward Earl Johnson, who was growing up in Mississippi.
4. When growing up, Edward Earl was a very nice person. In
fact, I was shocked to hear about his invglvement in this case,
because as a child he was such a quiet person, and seemed like a
homely type. He was never a violent person during the time I was
around him. He had very good manners, and treated his elders
with respect.
5. When Edward Earl was born, his mother was very young,
and really was not in a position to provide him with a stable
upbringing or with the things that are important in raising
children. He had a hard life growing up, and I think a lot of
the problem came from the fact that he was not really raised by
his mother. Instead, his grandmother took caré of him, and he
lived with his grandmother.
6. AE the time of his trial, I knew about the trial, but
no one contacted me or asked me to come to Mississippi to testify
on Edward Earl's behalf. I would have been able to testify, and
so. would a number of other people I know -- friends and members
of his family -- who could have said good things about him to the
jury in an effort to spare his life, Had his attorneys contacted
me and told me I could help him, I would have traveled to
Mississippi for the trial at my own expense. I would have told
the jury about his difficult upbringing, about thé fact that he
was a good and mannerly child, and I would have told the jury
that I love him and do not want to see him executed. Several
people would have told the jury the same thing if they had been
called. He means a lot to me and to other members of our family,
and to his friends. We do not want to see him die.
The foregoing is a true and accurate account of what I know
about Edward Earl Johnson, and does not exhaust the sum of what I
Po Leegls
re me this Zz
know.
Sworn to and Subscribed to be day of May, 1987.
My ye
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF VELMA CAMPER '
7 1. My name is Velma Camper. I am the third cousin of
Edward Earl Johnson. I live in Chicago, Illinois, and submit
this affidavit on behalf of Edward Earl Johnson.
Be T am 40 years old, and have a Bachelors Degree in
Communications from Columbia College in Chicago, Illinois. My
husband is a pastor with the South Deering Community Church, and
I am also an ordained minister in the church. I have five
children, including three grown sons -- one is a minister,
another is an electrician, and another is an auto mechanic. I do
a lot of counseling with young people here in Chicago.
3. All during the time Edward Earl Johnson was growing up,
I would see him about twice a year because my family would visit
our relatives in Mississippi twice a year. During those visits,
I spent a lot of time with Edward Earl. When I heard about the
fact that he was accused in this case, I could not believe it
because when he was a child, he was respectful, kind, considerate
and sharing. He never was trouble to anyone, and was never mean
or violent.
4. When Edward Earl was born, his mother was only a
teenager. She was unmarried, and the pregnancy was something of
a scandal in the ‘area. This psychological effect seemed too much
for her to bear, and shortly after he was born, she moved to New
York City. He was raised by his grandparents. Although he was a
good child, it was clear that the absence of a mother anda
father had a psychological effect on him, and made his time
growing up much more difficult than it is for most children who
live with their parents.
a. At the time of his trial, no one contacted me to tell
that my testimony could be helpful. Had his attorneys contacted
me, I would have come to Mississippi at my own expense to testify
in his behalf. I would have told the jury that he was a
wonderful child, that his upbringing had been somewhat difficult
because of the absence of his parents, and I would have told the
jury that I love him and do not want him to die. Several other
people -~ family and friends -- would be willing to testify to
the same thing, because he was a nice young man growing up. We
love him and do not want to see him executed.
The foregoing is a true and accurate account of what I know
about Edward Earl Johnson, and does not exhaust the sum of what I
ELMA CAMPER rifle
Sworn to and Subscribed to before me this ___ day of May, 1987. .
(fila >
NOTARY PUBLIC
know.
My Commission Expires:
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF THEADORA LELAINE LEWIS
COMES NOW, the undersigned THEADORA LELAINE LEWIS, being
duly sworn, and deposes and states as follows:
1. I am the oldest daughter of Nathaniel and Harvest Jean
Lewis. I currently live with them in Maywood, Illinois,
2. I make this affidavit on behalf of Edward Earl Johnson,
who is my first cousin. His mother is my father's sister.
3. I was born on July 10, 1965, and I will soon be twenty-
two. Io am currently a junior at Triton College, where I am
studying Child Psychology, for a B.A. When I was young, I
always wanted to be a basketball player, or something like that,
because I was quite a tom girl then. That was probably partly
because I could not play those sorts of sports. IT have a
disability in my right leg, as a result of cerebral palsy. Since
they call that a handicap, I have been in special schools much of
my life. When I got over wanting to be a sports player, then, I
decided to go into child psychology, so I could help other
children with their problems.
4. For the first part of my life, my family lived in
Jackson, Mississippi. Much of the family was in Walnut Grove, or
elsewhere in Leake County, and we saw them all often. Edward
Earl we always called "“Squeekie", which was a pet name given to
him by my grandmother, He was five years older than me, but
since I had only one younger brother and three other younger
sisters, he was always like a big brother to me.
5. Later, we moved to Illinois, and that is where I have
lived ever since. Edward Earl came to visit us, and we would go
down to Mississippi to see him and the family as often as we
could. I remember one time, when I was about nine, when he came
to stay with us for the whole summer. He just loved my little
sister, Gloria, and would fuss over her all the time. All summer
he babysat her for my parents.
6. Edward Earl is a well-rounded person. I never knew him
get into any trouble, and I never once had an argument with him.
He made friends easily, and had two close friends here in
Illinois, Larry and Terry, from the time he stayed with us. He
and his friends spent the summer getting themselves odd jobs --
he would be washing cars or mowing lawns, that sort of thing.
Te At the time of his trial, I had recently recovered from
an operation on the hamstring in my right leg. I knew about the
trial, and certainly would have gone to Mississippi to testify on
Edward Earl's behalf, However, I did not know that I could say
anything to help him, as I did not realize that anything I knew
could be relevant. Had his attorneys contacted me and told me
that I could help him, I would have come with my father, whether
the court had paid for the trip or not. My father even now goes
all the way down to Parchman to visit Edward Earl at least once a
month, and I go as often as my school schedule will allow.
8. I would have begged the jury not to sentence Edward Earl
to death. I know how much he means to me, and I know how much he
means to the other members of our family. It would be a terrible
thing if he was put to death.
The aforegoing is a true and accurate account of what I know
about Edward Earl Johnson, and does not exhaust the sum of what I
SAozdorgd Kawis
HEADORA LELAINE LEWIS
Sworn to ai {-gubscribed to before
me this day of May, 1987.
TARY PI Ti
My commission expires the Lak
day of. ( ew, 1990.
know.
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF LIZZIE LEE CASTON
1. My name is Lizzie Lee Caston. I make this affidavit on
behalf of Edward Earl Johnson. He is my second cousin.
2. I currently reside at 7621 South Exchange Street,
Chicago, Illinois, 60649.
3. I ama homemaker for my seven children. I have lived in
Chicago for most of my life.
4. When I was growing up, we called Edward Earl “Squeekie”.
We took at least two yearly trips to Walnut Grove. These trips
would last at least a week. We would stay with Squeekie at his
grandparents’ house.
5. Squeekie was an illegitimate child. His mother, who is
my cousin, was not often talked about. I don’t know who
Squeekie’s father was. When his mother had him, she left. I
don’t think Squeekie and his mother got along. I think Squeekie
was hurt by the fact that he was illegitimate.
6. Squeekie was very lonely and shy as a child. He never
talked much. He was very well-behaved, obedient, and a hard
worker, but he was somewhat of a loner.
7. %I think Squeekie had a lot of restrictions on him and
his experiences were very limited. You could tell he was raised
by older people. My Uncle (his grandfather) was a very religious
man and Squeekie had a strict upbringing. He never had a chance
to do some of the things other kids do.
8. If I knew I could have testified for Squeekie, I would
have done so. I would like to do something for him now, if I
could. I don’t care if I would have to pay my own way to
Mississippi.
The foregoing is a true and correct statement of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
p an, CA
hecepye due Carton
Sworn to and Subscribed to before me this £ ? day of May, 1987,
know.
Coxpttés i
NOTARY PUBLIC
My Commission Expires:
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF WILLIAM CAPLES
1. My name is William Caples. Edward Earl Johnson is my
cousin. I make this affidavit on his behalf. Edward Earl’s
maternal grandfather is my mother’s brother.
2. I presently reside at 7621 Exchange Street, Chicago,
Illinois 60649.
3. I am employed by the Standard Parking Corp. at the
Sheraton Plaza Hotel, 150 E. Huron, Chicago, Illinois. I am also
a musician. I play the organ, guitar and drums. I teach music,
mostly gospel, to young children.
4. My father was a preacher. He is a Bishop in the Free
Holiness Church of God in Christ. He has one church in
Mississippi and one in Chicago.
5. From as early as I could remember, we would always go
down to Walnut Grove at least twice a year, sometimes three
times. m
6. Quite often we would stay with the Lewises (Edward
Earl’s grandparents) on our trips to Walnut Grove.
7. During the entire time that I was around him, Edward
Earl was a quiet and very obedient child. I can’t figure out he
would could be involved in something like this.
8. Being ‘from the city, I always thought that I was a
“little faster then some of my cousins in the south. I always
thought Edward Earl was a nice kid. He always said “yes sir” and
no sir” whenever he spoke to me, and I was not even an adult. I
know he was polite to older people.
9. I remember taking Edward Earl to the skating rink in
Canton. It was the first time he had ever went. The skating
rinka in that part of the country had been segregated up until
recently and my cousins had never gone. I had been to skating
rinks up north, so I thought I would take them to show them how.
I remember I thought that the kids would act wild or something.
They were all really well behaved. All the kids, including
Edward Earl, really took orders well.
10. Edward. Earl’s attorneys never contacted me prior to his
trial. I would have done anything possible to help him. I would
have been willing to pay my own way south to testify at his
trial. If you’re right, your right, and if you’re wrong, you're
wrong. But I would have done anything to help Edward Earl in
either case.
The foregoing is a true and correct statement of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
4) (Le. Cpe,
WILLIAM CAPLES
know.
Sworn and Subscribed to before me this ¥ day of May, 1987.
NOTARY PUBLIC ~
My Commission Expires:
COUNTY OF CQOK
STATE OF ILLINOIS
AFFIDAVIT OF JESSIE STAMPS '
Comes now the undersigned Jessie Stamps and being duly
sworn, and deposes and states as follows:
Le My name is Jessie Stamps. I live in Chicago, Illinois.
I am the third cousin of Edward Earl Johnson, and I submit this
affidavit on his behalf.
2. My address is 7059 South Wolcott, Chicago, Illinois. £
am 38 years old. I have two sons. My husband is a minister, and
I also am an ordained minister. I grew up in Chicago.
3. When I was growing up, we would visit Mississippi and
our Family there approximately twice a year. During those
visits, I spent a lot of time around Edward Earl, who was about
10 or 11 years younger than me. Even after I was a grown woman,
we would continue to visit in Mississippi and I saw him
frequently during those visits.
4. Edward Earl was always a very nice young man. He was
very quiet, and listened to people. He was a good listener and
treated family and friends and elders with respect.
5. Edward Earl was born prematurely, and his family never
thought he would be a healthy young man. His mother was a
teenager at the time, and was unmarried. Not long after he was
born, she left and moved to New York, and Edward Earl was raised
by his grandparents. Although he was a good child, it appeared
that the absence of a mother contributed to making his childhood
difficult. ;
6. Because he was such a well mannered and thoughtful
child, I was very surprised to hear he had been arrested. No one
contacted me to testify at his trial. Had his attorneys
contacted mc and told me I could testify, I would have come to
Mississippi at my own expense and testified for him. I would
have told the jury that he was a good child, that he had some
difficulty when he was brought up because of the absence of his
mother, and that I love him do not want to see him executed. I
know a number of other family members and friends who would have
been willing to testify to the same thing. We do not want to see
him die.
The foregoing is a true and accurate account of what I know
about Edward Earl Johnson, and does not exhaust the sum of what I
know.
JESSfE STAMPS
FA
Sworn to and Subscribed to before me this ___ day of May; 1987..
Ca flex .
NOTARY PUBLIC
My Commission Expires:
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF CORNELIUS LEWIS
1. My name is Cornelius Lewis. I submit this affidavit
on behalf of my great-nephew, Edward Earl Johnson.
2. I am 63 years old, and live in Chicago, Illinois.
I was raised in Walnut Grove, Mississippi, and at the age
of 29 I moved to Chicago with my wife, Louise Lewis. Not long
after I arrived in Chicago, I went to work for Paschen
Construction Company, where I worked for nearly 32 years.
I retired last year. My wife and I have six children, 21
grandchildren, and 7 great-grandchildren,
3. When Edward Earl Johnson was growing up, I would
see him at least twice a year because we would visit our
family in Mississippi that often. Then, when he was 16 or 17,
he came to Chicago two summers in a row, and stayed at my
house with my family and I. Each summer, I got him a job
working with me at Paschen Construction Company. This is
the same place where my sons would work during the summers,
Edward Earl was a hard worker. In the construction business,
if you don't produce, you don't work, Edward Earl produced,
and did so well that. the Company hired him back the second
summer after his first summer working construction.
; 4. When Edward Earl stayed at our house those two summers,
when he was 16 or 17, he was very good. He was like one of
our own kids, and I still feel that way about him, He would
pitch in and help around the house, and carried his weight
with things that needed to be done. He never was any kind
of behavior problem. He never went out a lot at night. of
course, after working a full day at construction, a person
-2-
wouldn't really feel like going out a lot. He would mostly
stay around the family. He did see his cousins and uncles
in Chicago a lot of the time. He never would sulk or get
aggravated or withdrawn, like some teenagers do. He was
always very open, and friendly. Also, my children, who
were older than Edward Earl, like him a lot, and he never
gave them any trouble. If he had been doing bad things,
I would have heard about it from my children, and they
never told me about any problems. That was because he
simply was not a problem, at all.
5. When he was growing up in Mississippi, he also was
a good kid. We knew him well, and he never was a problem.
He was not hostile, and did not fight with the other kids.
We had a big family, and he got along well with everyone.
6. Even though Edward Earl was like one of my own
children, his attorneys never contacted me to testify at
his trial. If I had been told that I could testify for
him, I would have been happy to come to Mississippi for
the trial and testify, even if I had to pay my own expenses.
I would have told the jury about how close he was to me
and my wife and kids, how we felt like he was our own son.
I would have told the jury that he always was a good kid,
and I would have described how it was living and working with
him. I would have told the jury how much we love him and
do not want him to die. I would have told them about his
character, and about all of the things I have described in
this’ statement. ‘
The foregoing is a true and accurate account of what I
know ahont .Edward, Farl_-Johnson,;.and dees net-cuhaust the sum_ of
Cte ‘Gers
what I know.
Sworn to and subscribed before me tl
My Commission Expires: J-b- f
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF LOUISE LEWIS
1. My name is Louise Lewis. I submit this affidavit
on behalf of Edward Earl Johnson, who is my husband's great-
nephew, and who spent two summers living with us in Chicago.
Because of the time he spent with us, he is like one of
my own children.
2. I am 61 years old and live in Chicago, Illinois.
I was raised in Walnut Grove, Mississippi, and there I
married Cornelius Lewis. We moved to Chicago when we were
in out late twenties, and have lived there ever since.
I am retired now, but I have worked most of my life.
In Chicago, I worked for several years in a nursing home,
and also worked in a factory making lampshades. My husband
and I have 6 children, 21 grandchildren, and 7 great-grandchildren.
3. When Edward Earl was 16 or 17, he came for two summers
and lived with us. Each summer, he worked construction with
my husband at Paschen Construction Company, just like my own
boys had done. We already knew Edward Earl well because of
our visits every year -- at least twice a year -- to Mississippi
to see family. He was a good kid, and when he stayed with us
in Chicago, he was very nice. He went to church every Sunday
with us. He was religious and liked the church. He had a nice
personality towards grown people, and always was respectful.
He never gave us any trouble, and was not like a lot of kids
~*"-whe are~stiiéiimes hostile to their eiudis. He got along well
with our children, too, and they liked him very much. He was
like one of our own,
4. When he was growing up in Mississippi, and we would
visit, he also was a good boy. The whole family, all of the
cousins and uncles and aunts, like him. He always would speak
to us, and was always excited to see us
5. When I heard he was in trouble, I was very surprised
because he had always been such a good boy. I went down to
see him in jail in Mississippi. He was very excited to see
me, He always liked me, and I liked him, and we were very
close. It was like he was one of my own children.
6. His attorneys never contacted me or suggested I
come to Mississippi to testify at his trial. If I would have
been told I could testify and be helpful, I would nave come
to Mississippi right away and even paid my own expense.
I would have told the jury about his good character, ,
and mentioned all of the things in this statement. I Woula
have told them about his going to church. And I would
have told them that he was like a son to me, that we love
him, and do not want to see him die.
The foregoing is a true and accurate account of what
I know about Edward Eari Johnson, and does not exhaust the
sum.of what I -know.
My Commission Expires: —*
COUNTY OF QUEENS
STATE OF NEW YORK
AFFIDAVIT OF ANNIE RUTH FIELDS
1. My name is Annie Ruth Fields. I make this affidavit on
the behalf of my nephew, Edward Earl Johnson.
2. I presently reside at 442 Beach 43rd Street, Edgemere,
New York, 11691. I am married and I have one daughter, who is 12
and attends elementary school.
3. I am employed at the Jade East Hotel in Jamaica,
Queens, New York. I also do volunteer work for the Civilian
Patrol of the Queens, New York Police Department.
4. Edward Earl is my sister’s son. I have known him from
birth. I was responsible along with along with my parents for
raising Edward Earl. Edward Earl was at least ten or eleven when
I left Mississippi.
5. Edward Earl wa very outgoing as a child . He was
quiet, but he got along with all the kids in the neighborhood.
The neighborhood kids were over our house playing all of the
time. Edward Earl shared everything he had with them. Some of
the kids were poor and did not have much. Edward Earl would
share his food, toys, whatever. For example, Edward Earl had a
bicycle that all of us had chipped in to buy him. He would let
the other kids ride it all the time. He was just that kind of
child, always sharing. He was very free-hearted, loving, and
caring. © . .
6. When he got older, he was very loving to small child-
ren.. He did not meet his helf-aintar until he was tualva. she
was six at the time. His mother brought her down to Mississippi
for a visit. Edward Earl was so caring. They acted like they
were brother and sister from the time they met.
7. Edward Earl used to call me at least twice a month. He
told me how happy he was to be buying a car. He had always
talked about having a car and he was so proud that he was buying
it himself. He was very good about taking care of himself and
helping others tog. He always gave his grandmother half of his
check when he got paid. He would see to it that she was taken
care of before he did anything. For instance, he would take her
where she had to go before he would go anywhere.
8. He went to church regularly. He was religious, he was
raised that way, but I don’t think his whole life revolved around
the church. He loved animals and always treated them humanely.
9. I was never asked to testify for Edward Earl, although
I certainly would have done so. I only spoke briefly with a
lawyer he had in Memphis, but I wasn’t ever contacted after that.
I desperately want the life of my nephew to be spared. If my
testimony would help him, I am prepared to testify now. To have
to pay my own way to Mississippi is nothing.
The foregoing is a true and correct statement of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
know.
ANNIE RUTH FIELDS
Sworn to and subscribed to before me this a day of May, 1987.
L{l__A,
NOTARY PUBLIC
My Commission Expires:
I
counry OF LOS ANGELES
STATE OF CALIFORNIA
AFFIDAVIT OF J.C, LEWIS
Ji. My name is J.C. Lewis. Edward Earl Johnson is my
second cousin, I make this affidavit on his behalf.
2. I reside at 1121 East 32nd Street, Long Beach,
California 90807.
3. I am currently employed by Advanced Technologies as a
Senior Logistics Analyst.
4. I was born in Walnut Grove, Mississippi and lived there
until I was 11 or 12 and I moved to Chicago. I joined the Navy
when I was 18. I served three tours in viet Nam and I retired as
a Senior Chief Petty Officer, E-8. I have five children. I am
presently divorced.
5. Until I left for the Navy, I went down to Mississippi
every summer. I remember Edward Earl as a regular, normal kid.
He was what I would call "country." He was semi-quiet and never
in any kind of trouble. I know that Edward Earl used to get in
fights, but this was no more than other kids his age would. He
seemed perfectly happy to me.
6. Edward Earl used to like sports. I distinctly remember
him playing a lot of softball. He always wanted to bat. I don't
think he was an especially gifted athlete, he just enjoyed
playing. ,
7. I had heard that Edward Earl was standing trial. I was
not contacted by his lawyers to testify on his behalf. I
certainly would have gone to testify for him if it would have
helped him. I would have paid my own way down there to testify.
The foregoing is a true and correct account of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
know.
+ LEW.
a
IOTARY PUBLIC
My Commission Expires: Aug. 18, 1989
STATE ON NEW YORK
COUNTY OF QUEENS
AFFIDAVIT OF BETTYE LOU JOHNSON
COMES NOW, the undersigned BETTYE LOU JOHNSON, being
duly sworn, and deposes and states as follows!
1. IT am an adult female resident of the State of New
York and I reside at, 2263 Nameoke Street, Far Rockway, New
York 11691.
2. 1 am Edward Earl Johnson’s mother and make this
statement on his behalf.
3. I was born and raised in Walnut Grove, Mississippis
which is located in Leake County. My parents are Mr. Phinas
Lewis (now deceased) and Mrs. Jessie Mae Lewis.
4. 1 attended elementary and secondary school in Walnut
Grove and graduated from Leake County Attendance High School.
5. on May 5, 1958, I married J.B. Johnson, Edward
Earl’s father. We were married in a ceremony at homes
presided over by the Reverend Slaughter of the Walnut Grove
Missionary Baptist Church.
6. At the time of my marriage, I was 18 years of age
and my husband was 20 years of age.
7. Prior to my marriage to J.B. Johnson, I had never
seen him get drunk, although I knew that he did drink.
8. Early in the marriage, J.B. began to drink heavily
and would frequently come home drunk. It was at this time
that I began to understand that heavy drinking ran in his
family, because, he spent a great deal of time drinking with
several of his uncles, all of whom were heavy drinkers.
9. About this time we decided to move from Wainut
Grove. I felt that the move was a good-idea, since it would
take J.B. away from the influence of his uncles and that
things might improve, as far as our marriage was concerned.
1@. We left Walnut Grove and moved in, temporarily with
J.B.’s mother in Gluckstadt, Mississippi. We stayed with her
for avhile, approximately two or three months and we then
moved to Jackson and got our own apartment. It was during
this time that I became pregnant with Edward Earl.
11. When we moved to Jackson, J.B. got a Job with the
Independent Linen Company. 1 did some domestic work and I
also worked at a poultry company on Farish Street in what was
known as the North End of Jackson.
12. During my pregnancy, J.B. continued his drinking and
staying out late at night, frequentiy for days at a time.
His excessive drinking always led to arguments between usy
especially when he would have spent all of his money and
would come and demand money from me to by more Liquor.
“43. one night, early morning, it was a Saturday night
J.B. came home around 3:00 a.m., drunk and loud. I was
approximately seven months pregnant. He came in and woke me
up demanding that I fix him something to eat. 1 got up and
prepared him some eggs, toast and coffee. He wouldn’t eat
the food and then he began shouting and demanding that I give
him some money. I refused to give him any money. I told him
that I needed to hold on to what little I had set asides
because the baby would be coming soon. He got extremely
angry and shouting and cursing, he kicked me in my abdomin.
I fell to the floor in pain and he got up and stormed out of
the apartment and he didn’t show up of three daus.
14. Edward Earl was approximately six weeks premature.
He was born June 22, 1960. His full term delivery date
should have been approximately August 6, 1962. The fight
during which Edward Earl’s father kicked me occurred about
two, no more than three weeks before Edward tari’s premature
delivery. Edward Earl’s father did not show up at the
hospital until three days after Edward Earl had been
delivered and -he had been drinking when he showed up.
15. Edward Earl was born at University Medical Center in
Jackson, Mississippi. Because of his low birth weight, he
was approximately three pounds and five ounces at births
however, he dropped slightly below three pounds and had to
remain at the hospital in an incubator for four weeks. He
was discharged with a weight of five pounds and two ounces
14. Shortiy after Edward Earl came home form the
hospital, I returned to work. I was paying for a babysitter.
She took care of another child beside Edward Earl. While I
was at work one day, my mother and father, came down from
Walnut Grove, to see how I was doing and how the baby was
doing. They became very upset when they found that the
babysitter was not properly caring for Edward Earl. Food and
formula that I left with her for Edward Earl was being used
for the other baby. My parents found him crying out of
hunger and in very soiled clothing.
17. My mother and father decided at that point, that it
was best for Edward Earl to return to Walnut Grove with them.
They told me that I couldn't work full time and adequately
care for the baby. I returned to Walnut Grove with Edward
Earl and my parents. [ stayed in Walnut Grove about a week
and then returned to Jackson and my husband. The purpose of
returning to Jackson was to straighten up my affairs. At
this point my marriage was a hopeless situation. Edward
Earl’s father continued his, drinking and his abuse of me. I
have, to this day, a scar above my left eye, which he
inflicted, while drunk and during one of our arguments over
money. He got mad and struck me with the back af his hand.
The cut was caused by a class ring which he was wearing on
his hand at the time.
18. During the time that I spent in Jackson and prior to
my departure from Mississippi to New York, I went home to
Walnut Grove, almost every week-end to see Edward Earl.
19. Within two months after Edward Earl went to live
with my parents in Walnut Grove, he developed a serious ear
infection. My mother always attributed it to the fact that
he had been deprived proper nourishment by the babysitter.
My mother took Edward Earl to Dr. Bowens in Cathage.
20. In August of 1961, I left Mississippi for New York
City. i was supplied a bus ticket by an agency that placed
women in sleep-in domestic Jobs. These were primarilly black
Southern women. My first Job was with a family in Hempstead,
Long Island, New York, where I stayed for about a year. My
next job which I stayed on for approximately two years, was
with a family in Great Neck, Long Island. During that time I
took some adult education courses at a local high school.
21. In 1964, 1 came home to Walnut Grove to visit with
my son and my parents. I wanted to take Edward Earl back to
New York with me, but, I yielded to my mother’s position that
Edward Earl would be better off staying with them in Walnut
Grove. I believed as they did that he would benefit from
having two parents to raise him. Also Edward Earl had become
very attached to my father and mothers especially my mothers
during the first four years of his life and he seemed
reluctant to leave "Momma" as he called his grandmother, to
go with me to live in New York.
22. I have always wanted to have Edward Earl with me and
I regret now that I just didn’t take him, despite my mother
and father’s concerns. But, I just convinced muself that 1
was doing what was best for Edward Earl.
The aforegoing is a true and accurate account of what I
know concerning this matter, and, does not exhaust the sum of
what I know.
BETTYE LOU JOHNSON
Bettye Lou Sehnson
STATE QE MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF TERRY LEE FORTUNE
COMES NOW, the undersigned TERRY LEE FORTUNE, being duly
sworn, and deposes and states as follows!
1. I am an adult male resident of the State of
Mississippi and I reside at Route 2, Box » Walnut Grove,
Mississippi, which is located in Leake County.
2. I have lived in Walnut Grove my entire life. I have
been employed at the Greenacres Poultry Company in
Sebastpool, Mississippi since 1978 and I am presently a
Supervisor with that company. I am married and have one
child.
3. 1 make this state on behalf of Edward Earl Johnson,
whom I have known personally for 27 years.
4. Edward Earl Johnson and I grew up together in the
Standing Pine Community of Walnut Grove. We attended
elementary school and high school together. I was one year
ahead of Edward Earl in school.” My relationship with Edward
Earl was closer to being brothers than just friends. When
you saw one of us you usually saw the other. We went to
school on the bus together and came home in the afternoons
together. We played together, we "hung out" together. And
if he wasn’t over at my family’s house, I was over at his.
5. Edward Earl, all of his family and friends called
him "Squeaky." He got that nickname from his grandmother,
Mrs. Jessie Mae Lewis, because he was so small as a babu.
Eduard Eari was well liked by everybody, both young people as
well as grown ups. He was the tupe of boy that if he had
something he wouldn’t hesitate to share it with you. He
wasn't a selfish person.
6. Edward Earl loved his family very much. He was
especially close to his grandmother, he used to call her
"Momma." He was an obedient boy. His grandmother was the
IS
type of lady who got respect from her children and any
children wha were friends of her children.
Edward Earl and I worked on three jobs together;
after he graduated from high school. I got him on at R&R
Milling Company in Carthage. We left their together and went
to work for McCarty State Pride in Forest. We were both
hired at the same time at Greenacres Poultry Company, in
Sebastpool. Edward Earl was working at Greenacres up until
the time of his arrest in 1979.
8. Edward Earl attended church regularly and if he
didn’t go on a particular Sunday, it was usually because he
grandmother, who’s health was not that good, was feeling
Poorly and he would stay home to look after her, while the
rest of the family went to church.
After we both had finished school and were working
full time, we would go out together on week-ends. Shortly
before he was arrested, we both were dating girls in
Philladelphia, Mississippi. In fact the Saturday before he
was arrested we went out together to visit our girlfriends in
Philladelphia.
18. Edward Earl drank. I would say that he began
drinking, mostiy beer; after he had finished high school. I
have never seen Edward Earl drunks however, because I don’t
drink myself and because he always liked to drive when we
went out togethers I would never let him consume more than a
couple of beers. I would always tell him he had, had enough
and to remember that he wanted to drive. So when he was with
me he never had more than two or three, tops four be I
was not the only person that Edward Earl hung out with.
There were others that he hung around with who drank and who
Edward Earl felt more comfortable drinking with. For
example, Eli Bolden and Wilson Stokes. -So when he was with
them he drank “wore heavily than he did when he was
with me. As I stated previously, Edward Earl and I were very
close, close as brothers and he knew when I was serious about
something. He respected our friendship to the extent that he
would respect my wishes when it came to his drinking too
much.
The aforegoing is a true and accurate account of what I
know concerning this matter, and, does not exhaust the sum of
what IT know.
TERRY LEE FORTUNE
Terry Fortune
4
STATE OF MISSISSIPPI '
COUNTY OF LEAKE
AFFIDAVIT OF WINSON HUDSON
COMES NOW, the undersigned WINSON HUDSON, being duly
sworn, and deposes and states as follows:
1. I am an adult female resident of the State of
Mississippi.
2. I reside at Route 3, Box 289, Carthage, which is
located in Leake County, Mississippi.
3. I make this affidavit on behalf of Edward Earl
Johnson, whom I have known almost all of his life.
4. I have been very active in the affairs of Leake
County for over 30 years. I am presently the Co-Chairman of
the Democratic Party for Leake County. I am the first black
woman to hold that position, I also serve on the State
Executive Committee of the Democratic Party. During that time
I worked to intergrate the party here in Mississippi. 1 For
the past 26 years, I have been President of the Leake County
Chapter of the NAACP. I was also the principal organizer to
bring about the first Headstart center in Leake County back
in 1964.
5. I have known Mr. Phinas Lewis (now deceased) and
Mrs. Jessie Mae Lewis, the grandparents of Edward Earl
Johnson for many years.
6. Back in 1964, I helped to organize the first
Headstart Center in Leake County. It was very hard back then
tov yet aqyeoycam such as Headstart off tne ground. There was
opposition to the program on the part of the white residents
of the community. Also many of the black residents, whose
children stood to be the principal beneficiaries of the
program, were afraid to become involved. Back up in
communities like Walnut Grove, it was very scary. By tha
mean that the people up in that community, the black people
were scared to get involved. So getting the center started
was very hard.
7. Well when the center was opened, Edward Earl
Johnson was one of the first students to participate in the
Program. He was in the center from the age of three years
until he was six years old.
8. I remember Edward Earl as a very quiet boy. A
humble boy. If any of the other children would bother him or
start a fight with him, as little children will do to a shy
child, Edward Earl wouldn't protect himself, He'd let the
other children run right over him.
9. He was such a humble boy, that his grandfather
would ride on the pick-up truck with him everyday back and
forth to the center, Like I said previously, things were 9
hard back then that we had to transport the children to and
from the center by any means we could find.
10. Edward Earl's grandmother, Mrs. Jessie Mae Lewis,
is a very quiet woman, she was not the type of woman to get
involved in many 1 outside of her family, home and
church.
ai. Her husband, Edward Earl's grandfather, on the
other hand was a very outspoken man. He worked with us a
lot. He was with us with regard to the of the NAACP and he
would attend meetings. ;
12, Many of the black. people in the area would be
Williny tu Gonisitute money to the NAACF, wai, tney were
afraid and they would tell you that they didn't want their
names on any list or did they want to sign anything.
13, Edward Earl's aunt, Thelma Johnson is a very
outspoken person, like her father. She was an active
Headstart parent. She had four or five children and they all
attended the center. 1
14. After Edward left Headstart, I guess I would see
him maybe four of five times a year. I have personally never
heard anything negative about. him in the community. You know
in small community like this, if a boy like Edward Earl was
acting up and getting into trouble, I would have been one
of the first people to hear about it.
15. I never heard anything bad about him, until they
said he shot that Marshall in Walnut Grove.
16. When I first heard about the incident, it just
didn't fit. It didn't with what I knew about Edward Earl and
his family and his background in general.
17, All the while that Edward Earl was in jail in
Carthage, he was in the jail there for almost a year, I would
go to see him regularly. When I would visit with him we
would talk about that was happening. Edward Earl was afraid
to say what actually happened. He was afraid not only for
himself but he was also afraid that something bad would
happen to his grandfather and his grandmother, if he tried to
help himself. They were really the only parents Edward Earl
had known.
18. Folks around here were so concerned and felt so
sorry for him and his family that they scraped and scrimped
their pennies and took up collections from their friend and
neighbors and church members. We were able to give the
family about eight hundred dollars ($800.00) to help with the
expenses for Edward Earl's lawyers.
‘19. When they held Edward Earl's trial, I mobilized
people in the community t> show their support for him and hia
family and we filled the court room everyday.
20. At the time of Edward Earl's trial, I certainly
would have testified on his behalf. However, I did not know
that I could say anything relevant to help him. If his
attorneys had contacted me and told me that I could have
helped Edward Earl, I would have.
21. I would have begged the jury not to sentence
Edward Earl to death. I know how much he means to his family
and how terribly hard they would take his death if he were
executed.
The aforegoing is a true and accurate account of what I lw
about Edward Earl Johnson, and does not exhaust the sum of
what I know,
WINSON HUDSON
Sworn to and subscribed to before
me this. day of May, 1987.
a NOTARY PUBLIC
My commission expires the
day of ig9_
STATE OF MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF WILLIEY J. NOLLIE
COMES NOW, the undersigned WILLIEY J. NOLLIE, being
duly sworn, and deposes and states as follows:
1, I make this affidavit on behalf of my cousin, Edward
Earl Johnson. His grandfather and my father were brothers.
ps I currently reside in Carthage, Mississippi.
3. I was born and reared in the Walnut Grove Community
in beaKe County. I attended and graduated from Alcorn State
University in Lorman, Mississippi. I earned a Masters degree
from the University of Illinios land the equivilent of a PhD
degree from Texas Women's University.
4. I taught school for forty one years and now I am
retired.
5. I have known Edward Earl Johnson's grandfather,
Mr. Phinous Lewis, all my life. We were reared in a
community near each other. Mr. Lewis would come over to see
one of his sisters who lived near me. I took care of his
sister for about four of five months before she died.
6. Edward Earl's grandfather was a regular church goer.
When we were growing up we would laugh at the way he would
say his prayers out loud in church, but he would pray those
prayers.
7. Edward Earl was raised from a baby by his
grandparents.
8. In all of the years when Edward Earl was growing
up in Walnut Grove, I never heard anything bad said about
him. I never heard any stories about him getting into any
trouble or giving artybody any problems. Edward Earl didn't do
~
- a lot of running around or rasing cain with other boys.
9. I would say that being raised by his grandfather,
that Edward Earl was brought up kind of “old fashioned."
10. Edward Earl was not a lazy boy, he liked to work.
Every chance he would get to do things, especially work with
his hands he would do it. That probably came from his
grandfather. He didn't have any formal education and he grew
up learning to do things on the farm and Edward Earl being
around him so much and being so close to him, he followed
after him in that way.
11. When Edward Earl was in jail here in Carthage, his
grandfather would go to see him everyday. He would carry him
food everyday. His grandfather would hitchhike about 12 or 14
miles everyday coming from Tricum to Carthage to see about
him. And if he didn't have any money on him and he saw
someone he knew, he would stop them and ask them if they had
a piece of money, so he could buy his grandson something to
eat. Sometimes I would see Edward Earl's grandfather and
give him a couple of dollars to get Edward Earl some Kentucy
Fried Chicken. Many times T would see him walking back home
or hitching qa ride after he had visited with Edward Earl and
I would give him a ride home or at least take him as far as
Walnut Grove.
12. I was never contacted by Edward Earls Johnson's
attorneys prior to his trial. If I had been contacted by
them, I would have testified and I would have asked the jury
to spare his life.
The aforegoing is a true and accurate account of what I
know about Edward Earl Johnson, and does no exhaust the sum
of what I know.
(MRS.) WILLIEY J. NOLLIE
Sworn to and subscribed to before
me this. day of May, 1987.
NOTARY PUBLIC
My commission expires the
day of 19 .
COUNTY OF HINDS
STATE OF MISSISSIPPI
AFFIDAVIT B. J. JOHNSON
COMES NOW, B.J. JOHNSON, being duly sworn, and deposes and
states as follows:
1. I make this affidavit on behalf of my son, Edward Earl
Johnson. I currently reside at 2529 Emmett Avenue, Jackson,
Mississippi, My mother -- Edward Earl's grandmother ~~ lives
with me there,
2. I was born in Walnut Grove, on the day after Christmas
in 1938, I stayed there in Walnut Grove until after I graduated
from Murphy High in 1959.
3. On May 5, 1958, I married Edward Earl's mother, Betty.
We were married in the yard at her mother's house, by the
Reverand Isaih Slaughter.
4, There was very little that I could have done in Walnut
Grove at that time, It was a very closed community to a black
man who wanted to make something of himself. The schools were
not desegregated for years after I left. The only jobs you could
hope to get would be ona farm or odd jobs. In fact, when I was
Foure, DT Weed co Ravel wone! oda jobs around Leake County. People
would pay you a little, and give you some food out under a tree,
but in those days a black man could not go inside to eat the
foud. Gne night I had gone with a friend to Carthage, and we
were about to drive back to Walnut Grove, when the police pulled
us over, saying my friend was speeding, which was not true. They
took him off to jail, and he did not get out until the next day.
They told me to walk home -- that was about twelve miles. That
was the way it was in the county.
5. Betty and I soon moved to live with my mother in Madison
County, between Canton and Ridgeland. We stayed there less than
16
a year before we moved to Jackson. That was where we were
living when Edward Earl was born,
6. At the time he was born, I was working with the
Independent Linen Service, making $35.00 per week. Betty worked
at Primos, making $27.50 if I remember correctly, Edward Earl
was two months premature, and weighed only about four pounds and
three ounzes when he was born. He had to stay in the hospital in
the incubator for quite a while.
7. Because of what we were making at the time, I remember
that the bill we got from the hospital was $506.00. That was a
lot of money in those days. And then, Edward Earl got an ear
infection when he was right out of hospital. Betty took him to
the doctor a couple of times for that. In those days there was
no medicare or medicaid that we could get, and we were just about
at our wits’ end as to what we could do for the baby.
8. It was at that time that Betty's mother offered to take
Edward Earl, So he went to live with his grandparents for a
while, Then Betty and I separated -- she wanted to go to New
York to get a job with the Job Corps. So what had been temporary
became permanent. Maybe it was not the way that I had wanted it,
seeing that Edward Earl is my only son, but I got on well with my
mother-in-law, and I visited him when I could, getting him
Christmas presents and clothes and that sort of thing
9. Edward Earl was affected by this. He was pretty much
afraid of everyone, He would be shy even with me. When we would
all go to the True Light Missionary Baptist Church, I would have
some money for Edward Barl to give to the collection, but he
would take it from me hiding behind his graddaddy's legs.
10. He was pretty slow in school. We said that you could
ask him something one moment and the next he would have forgotten
it again. But he tried to do what he could.
11, When he was about to be tried, the attorneys never
contacted-me. I did not see that I could help, since I lived in
Jackson, and did not know anything about the crime that they
charged him with, If I had known that I could have helped, of
course I would have gone there to do whatever I could.
12. For him to be executed would be the end of me. I was
up to see him last Sunday, and the visits mean a great deal to
me, TI haven't had a good night's sleep ever since they put this
death sentence on him.
13, It would be even worse on my mother, his grandmother
She has been about to have a nervous breakdown about it. Right
now, I need to get her to see a doctor about it.
THE AFOREGOING constitutes a true and accurate account of
what I know about Edward Bari Johnson, and does not exhaust the
sum of what I know.
B. J. JOHNSON
Sworn to and subscribed to before
me this day of May, 1987.
NOTARY PUBLIC
My commission expires the
day of 19_—.
Betty Lou and BA. Schnson
(B
STATE OF MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF SAMUEL &. HOYE
COMES NOW, the undersigned SAMUEL E. HOYE, being duly sworn,
and deposes and states as follows:
1. IT am an adult male resident of the State of
Mississippi.
2. I am the Principal of the South Leake High School
located in Walnut Grove, Mississippi.
3. I make this affidavit on behalf of Edward Earl Johnson.
4. I have lived in Leake County all of my life and
completed elementary and secondary school in Walnut Grove.
6. I have known Edward Earl Johnson for over 20 years,
both as a student and as a member of the Walnut Grove community.
6. I have known Edward Earl's Grandmother, who raised him,
for almost 26 years. She was a fine example of a simple country
woman. She wasn't a loud person in the community. She believed in
her family, her home, God and church.
7. Edward Earl's Grandmother wasn't well educated as a child
growing up in nineteen twenty's, but she made sure all of her
children went to school and got their diploma.
8. Edward Earl was an average student in school. He
enjoyed the Building Trades Shop probably more than any other
course he took in school. He was good with his hands and the shop
didn't require him to apply himself mathematically or
scientifically. He learned brick masonary and cabinet making.
Really he was prepared for a job in brick masonary and could
have made a good living, if work had been available in that
trade, in Walnut Grove.
9. While he was a student here, he played a little
varsity football and a little varsity basketball. He was an
average basketball player, wasn't the greatest we've ever had,
but he let you know that he was out there whenever he was on the
court.
10. Edward Earl had a good relationship with his peers. He
was a well liked young man, in fact he was probably one of the
most liked students we had here at South Leake. He is one on
those boys that people remember the good things that he did.
ad, He was not a young man to cause any kind of disturb-
ances and in fact he didn't course any disturbances on campus.
Edward Earl was an obedient well mannered person.
12. As far as Edward Earl's moral values and sense of right
and wrong, he got these from his Grandmother. She was the type
of woman who did not believe in sparing the rod and spoiling the
child. She believed that they were never too old to take a switch
to them as long as they lived under her roof. Edward Earl feared
his Grandmother, but, it was a fear born out of respect and he
would never do anything knowingly that he felt she would
disapprove of.
13. After Edward Earl graduated from high school in 1978,
he took part-time jobs working on local farms and he had even
gotten a job working at the Greenacres Poultry Company in
Sebastpool, Mississippi.
14. At the time of Edward Earl's trail, I was not contacted
by his ‘attorneys. Had I been contacted and asked to testify on
his behalf, I would have done so, and asked the jury to spare his
life. your . 3
The aforegoing is a true and accurate account of what I
know about Edward Earl Johnson, and does not exhaust the sum of
what I know.
SAMUEL E. HOYE
Sworn to and subscribed before
me this day of May, 1987.
NOTARY PUBLIC
My commission expires
Soanuel E. Hove. Sewmuel E. Hoye.
STATE OF MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF H. GLENN FREENY
COMES NOW, the undersigned H. GLENN FREENY,
being duly sworn, and deposes and states follows:
1. I am an adult male resident of the State of
Mississippi.
2. I reside at Route 1, Carthage, Mississippi.
3. %I make this affidavit on behalf of Edward
Earl Johnson.
4. I have known Mr. and Mrs, Phinas Lewis, the
grandparents of Edward Earl Johnson for many years. They
lived of land owned by my uncle at one time.
5, I have known Edward Earl Johnson almost all
of his life.
6. Edward Earl] started doing odd jobs for me_
when he about 9 years old. He would help me haul hay,
fix fences, build barns and do *other things that a
farms up kept would call for.
7. Edward Earl was a good worker. He never gave
me a moment of trouble. He never sassed. He was always a
respectful person. ; .
8. Until the trouble in 1979, I had never heard
anyone say a bad thing about him. I never had any
knowledge of him giving anyone in the community or his
fanily any trouble or problems.
9. I was not contacted by Edward Earl Johnson's
attorneys prior to his trial and if I had been, I would
have testified and would have asked the jury to spare
Edward Earl Johnson's life.
Iv
The aforegoing is a true and accurate account of
what I know about Edward Zarl Johnson, and does not
HeEgrery
H. GLENN FREENY
exhaust the sum of what I know.
Sworn to and subscribed to before
me this 15: day of May, 1987.
BAe durel “DD. Cp etnbors
NOTARY: PUBLIC
My commission expires the \oo
day of _ Julu 1940.
STATE OF MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF LULA CAPLES
COMES NOW, the undersigned LULA CAPLES, being duly sworn,
and deposes and states as follows:
1. I am an adult female resident of the State of
Mississippi. .
7 a I reside at 969 E, First St, Forest, Mississippi.
3. I make this affidavit on behalf of Edward Earl Johnson,
who is my brother's grandson.
4, I was born and raised in Walnut Grove, Mississippi, and
moved to Forest when Edward Earl was 12 years old.
5. Edward Earl was a quite and obedient boy. I have never
heard of my brother having any trouble out of him.
6. Edward Earl mostly stayed at home with his
Grandparents. He truly loved them,
a My brother raised him to be a hard and good worker. He
started working at the various farms around Walnut Grove when he
was about 8 years old. He would help fix barns, haul hay and feed
the live stock. He didn't get much pay, but he always would work,
If he wasn't asked to help to something he would go and seek out
work,
8. Edward Earl would give my brother most if not all of
the money ie earned at the various joba he did.
9. I have never heard of Edward Earl getting in to any
trouble. I never heard of him drinking or hanging out with bad
boys. He didn't bother anyone. He was the quiet type.
10. I was not contacted by Edward Earl's attorneys prior to
his trial. I didn't know that they could use any information that
I could have proved, If I have been contacted to testify on
Edward Earl's behave, I would have. I would have begged the jury
to spare his life.
The aforegoing ig a true and accurate account of what I know
about Edward Earl Johnson, and does not exhaust the sum of what I
know.
LULA CAPLES
Sworn to and subscribed to before
me this day of May, 1987.
NOTARY PUBLIC
My commission expires the
day of 19
STATE OF MISSISSIPPI
" COUNTY OF LEAKE
AFFIDAVIT OF BRAXTON KITCHINGS
COMES NOW, the undersigned BRAXTON KITCHINGS , being duly
sworn, and depose and states as follows;
1. Taman adult male resident of the State of Mississippi
2. I am the Building Trades Teacher at South Leake High
School located in Walnut Grove, Mississippi.
ae I make this affidavit of the behalf of Edward Zarl
Johnson.
4. Edward Earl Johnson was a student in my Building Trades
class, from 1974 through 1978, when he graduated from South Leake
High School. I had Edward Zari in class each school day for 3
hours during that four year period.
5. Edward Earl was a good student.
6. He displayed an aptitude for the various projects which
we undertook in the shop. He did exceptionally well in the area
of brick work and masonary. I would venture to say that had there
been employment opportunites available in the Walnut Groove area
that Edward Earl would have had no trouble getting work as a
apprentice brick worker and masonary worker,
a. During the four years that Edward Earl was a student of
mine I found him to be an interesting student,
8. ‘He was well liked by his classmates and teachers as
well,
9. He was a respectful boy and took directions and orders
without causing any trouble. He was concerned about his work and
always strived to complete his projects on time and in a good
fashion.
10. Edward Earl was just your typical boy in class, though
in some respects he was better than others. In all the years that
I had known him I had never heard of him causing any trouble in
school. '
11. After he had graduated, he used to come by the school
to visit with me and let me know how he was doing. He seemed
real enthusiastic about the job he had Greenacres Poultry
company in Sebastpool, Mississippi.
12. I was not contacted by Edward Earl Johnson's attorneys
prior to his trail and if I had been, I would have testified and
would have asked the jury to spare Edward Earl Johnson's life.
The aforegoing is a true and accurate account of what I
know about Edward Zarl Johnson, and does not exhaust the sum of
whe I know.
BRAXTON KITCHINGS
Sworn to and subscribed before me, the undersigned authority,
this. day of May, 1987
NOTARY PUBLIC
MY commiseion expires the
day of 19.
PReravlan ketl Brod. Wate
STATE OF MISSISSIPPI
COUNTY OF LEAKE
\VIT_OF Ss.
COMES NOW, the undersigned CHARLES McLAURIN, being duly
sworn, and deposes and states as follows;
1. I am an adult male resident of the State of
Mississippi,
2. I am a science teacher at South Leake High School
located in Walnut Groove, Mississippi.
3. I make this affidavit on behalf of Edward Earl
Johnson.
a Edward £arl Johnson was a student in my General
Biology class, when he attended South Leake High School.
8. Edward Earl was a average student scholastically
speaking.
6. His behavior in class and his general school conduct
and attitude were good. While I only had Edward Earl for the one
class in Biology, as small as a school like South Leake is, it
is easy for a teacher to know many students, even though they do
not have classes under that teacher. I have never heard anything
negative said about Edward Earl when he was a student here at
South Leake.
1. To my knowlegde he was will liked by his peers and
teachers as well.
8. . My overall impression of Edward Earl Johnson was
a solid averagé” stuaent,
9. He was not a troublemaker. You could tell that he
came from a home where he was being properly raised.
10. At the time of Edward Earl's trail, I was not
contacted by his attorneys. Had I been contacted and asked to
testify on his behalf, I would have done so, and asked the jury
to spare his life.
'
The aforegoing is a true and accurate account of what I know
about Edward Zar] Johnson, and does not exhaust the sum of what I
know.
CHARLES McLAURIN
Sworn to and subscribed before me, the undersigned authority,
this. day of May, 1987.
NOTARY PUBLIC
My commission expires the
day of 19 sous
Charles MS Laurin Charles M&Lavrin
STATE OF MISSISSIPPI
COUNTY OF LEAKE ‘
AFFIDAVIT OF TRUMAN L. BRANTLEY
COMES NOW, the undersigned TRUMAN L. BRANTLEY,
being duly sworn, and deposes and states as follows:
1. Tam an adult male resident of the State of
Mississippi.
2. I reside at Route 1, Carthage, Mississippi.
3. %I make this affidavit on behalf ofEdward
Earl Johnson.
4. I have known Mr. and Mrs. Phinas Lewis, the
grandparents of Edward Earl Johnson, for approximately
25 ‘years. At one time they rented land from me.
5. I have known Edward Earl Johnson all of his
life. To my knowledge he was an obedient boy and loved
and respected his grandparents.
6. When Edward Earl was a very young boy about
8 or 9 years of age, he would do add jobs for me after
school and on the weekends. He would help me feed my
chickens and clean out the chicken houses. He also
helped me bail hay for my livestock.
7 ‘Edward Earl was a good and willing worker.
He was not a lazy boy and anytime that i would have work
for him to do , he was ready, willing and able.
8. To my knowledge, I never heard anyone in
the community have anything bad to say about him. Until
the trouble in 1979, I had never heard of him being in
any trouble with the law.
9. At the time of Edward Zerl's trial, T est not
contacted by his attorneys. Had I been contacted and
asked to testify on his behave, I would have done so,
and asked the jury to spare his life.
The aforegoing is a true and accurate account of
what I know about Edward Earl Johnson, and does not
exhaust the sum of what I know.
TRUMAN L. BRANTLEY
'
Sworn to fii subscribed to before
me this__\ day of May, 1987,
‘ :
NOTARY PUBLIC
My Commission expires the \S
day’ of* Qantas Qe,
F
STATE OF MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF FREDRICK SMITH
COMES NOW, the undersigned, FREDRICK SMITH, being duly
sworn, deposes and states as follows!
f. 1 am an adult male resident of the State of
Mississippi and I reside at Route 2, Box 210, Walnut Groves
Mississippi 39189, which is located in Leake County.
2. %I make this statement on behalf of Edward Earl
Johnson.
3. I have known Edward Earl Johnson about all of his
life. Edward Earl and I attended elementary and high school
together. Edward Earl was a year behind me in school.
4. We rode back and forth to school together each day.
Edward Earl, myself and another friend, Terry Lee Fortun
played together after school and on the week~ends
S. Edward Earl and I u:
d to work odd jobs after school
and during the summer for local farmers like, Mr. Glenn
Freeny, Mr. Truman Brantley and Mr. Travis Brantley. We
would haul hays feed chickens and clean chicken houses
Edward Earl who was very good with hands, would sometimes
help some of the farmers with carpentry work. I remember he
helped Mr. Glenn Freeny build a barn.
6. Edward Earl was a very friendly kid growing up.
People liked him and he got along well with people. He like
to help people out when he could arid he would share with you
what he had. If Edward Earl had a dollar he would share
fiftu cents of it with you, if you needed it.
7. Edward Earl liked sports. He liked football and
basketball. We would shoot baskets together often after
school. He liked to watch basketball games and softball
games, when local, teams played. He went out for the high
school football team and the basketball team and was a pretty
fair player. ,
8. After all of were finished high school, I had gotten
a job-working at Greenacres Poultry Company in Sebastpool,
Mississippi. Edward Earl and Terry Lee Fortune were working
at McCarty State Pride in Forest and I told' them that they
were hiring at Greenacres. They both applied and were hired.
We all worked together at Greenacres, until Edward Earl was
arressted in 1979.
9. Edward Earl and I didn’t go out that much together,
like On dates. He and Terry Lee had girlfriends in
Philladelphia and I was traveling in another direction.
Sometimes we would run into each other in local clubs.
10. After Edward Earl was out of school and working full
time, I noticed that he had started to drink, mostly beer.
This was usually when he would go out to local clubs or over
to Philladelphia or when a group of us got together to play
cards. I personally, have never seen Edward Earl drunk. You
know, to the point where he didn’t know where he was or what
he was doing. I have seen him get high from drinking beer.
11. Edward Earl had begun to drink kind of regularly.
lf he would get off from work around 4200 or 4:30 p.m. he and
another fellow who he used to hang around with, Eli Bolden,
would stop and pick up two or three six-packs and sit under a
tree and drink the beer. Because Edward Earl’s grandfather
didn’t like drinking to much, if Edward Earl got high he
would go Riess and go straight to his room and go to bed until
it was time to get up to go to work the next day.
12. One day at work, Edward Earl got teased by some guys
on the job; because he had gotten so drunk the night before,
that he had stopped ta use a phone booth to call his
girlfriend in Philladalphia and then passed out in his car.
13. Another time they gave him a hard time at work for
raving gotten drunk and then not heing able te get out of his
cary so that he threw-up all over the front of his car.
14. Whenever I saw Edward Earl high, he was friendly and
Joking; he had a goad sense of humor, and usually he would
Just head off to home and quietly go to his room and go to
Sleep. He never gave anybody any trouble, that I knew about.
The aforegoing is a true and accurate account of what I
know of this matter and does not exhaust the sum of what I
know.
FREDRICK SMITH
Fredrick Smith
STATE OF MISSISSIPPI
COUNTY OF LEAKE :
AFFIDAVIT OF CLEEVE JOHNSON
COMES NOW, the undersigned, CLEEVE JOHNSON, being duly
sworn, deposes and states as follows!
1. 1 am an adult male resident of the State of
Mississippi and I reside at Route 2, BoxZOG, Walnut Grove,
Mississippi 39189, which is located in Leake County.
2. I make this statement on behalf of Edward Earl
Johnson. My relationship to Edward Earl Johnson is that of
Uncle. I am married to Edward Earl’s maternal aunt, Thelma
Lewis Johnson.
3. 1 have known Edward Earl Johnson all of his life
growing up in Walnut Grove. My wife and I live next door to
Edward Earl’s grandparents; the late Mr. Phinas Lewis and
Mrs, Jessie Mae Lewis. *
4. Edward Earl, all of the family and his friends
called him by the nickname his grandmother gave him Squeakyy
was a quiet, obedinet boy growing up. He was very attached
to his grandparents, especially his grandmother. He was very
protective about his grandmother. My wife and I live about
100 feet from Edward Earl's grandparents. Edward Earl would
always be over at our houses playing with or watching after
our children. I have four daughters and one son. Howevery
Edward Earl would never spend the night with us. He would
always say that he had to go home and look after Momma; which
is hat he called his grandmother.
5. Edward Earl was very fond of my children and they of
him. When he got older, he would babysit with them or take
them with him if he went to the store or something. He would
also take them to the movies and he would play with them.
They looked upon him more as a. big brother rather than a
cousin,
6. Edward Earl was a hard working boy. Whenever
somebody had some work to be done they would come and look
for Edward Earl, because he was willing to work and he
wouldn't give them any trouble. When he wasn't picking-up
odd Jobs with local farmers, he would sometimes help me
around my house or help me work on my car. Anything that
involved working with his hands, he enjoyed doing.
7. Edward Earl was a good student in school. I never
heard of any bad reports about him concerning his school work
or his conduct. He was very proud when he graduated from
high school in 1978.
8. Edward Earl couldn’t waite to get a full time Job
when he finished high school. Right after graduation he
started working at R&R Milling Company. Then he got a Job
with McCarty State Pride and then his friend Fredrick Smith
got he and his other friend, Terry Lee Fortune hired at the
Greenacres Poultry Company in Sebastpool, Mississippi.
9. After he started working at Greenacres, his
grandfather helped him get his first car and he regularly
made his car payments from his salary. He would also give
his grandmother money for the house and sometimes hé would
Just go and shop for groceries and bring them home with him
from work.
10. After he graduated from high school, Edward Earl
started going out. He used to go out alot with his friend
Terry Lee Fortune. They both had girlfriends that lived in
Philladelphia. No matter what would happen Edward Earl would
always make it point to get home. .He never stayed out all
night.
11. Around this time Edward Earl began to drink. He
liked beer. When some of us would get tagether and play
cardss which we would do almost every week-end, he would
bring some six packs with him. I have never seen Edward Earl
drunk. You know, to where he couldn’t take care of himself
or know what he was doing. My mother-in-law and father-in-
Jaw didn’t hold too much with drinking, so if Edward Earl had
had a little to much; he would just go straight home and go
to his room and go to bed.
12. I remember on the night the Town Marshall was
killed, a bunch of us had gotten together to play cards.
Edward Earl came by after the card game had started. He had
this big wooden chest that was lined with plastic, that he
got from the Job. He ‘had filled it with crushed ice from the
Job. Before he came to the card game, he picked-up some
beer. When he came in he had about seven or eight quarts of
Miller Beer and three or four six packs all packed in the
crushed ice. Most of us who were playing shared the six pack
cans between us. Edward Earl drank the quarts. By the time
Eduard Ear! had left the card game, the rest of us had
finished the six packs. Edward Earl took the remaining
quarts with him. I never saw them again.
13. Edward Earl left the card game when he had to move
his car to let one of his uncles out who had to go pick-up
his wife. Edward Earl took the beer chest with him and he
didn’t come back to the game.
The aforegoing is a true and accurate account of what I
know and does not exhaust the sum of what I know.
CLEEVE Joh nfon
Cl [ay On
_ . Sween +o and subsaribed beVare ne,
Ns rhe \V3BeK dey ae Way, 18 F
iS, :
NoTARy C@UBLIG
Ny Gemmstian Expires: EAs -Go
Cleeve ohnson
STATE OF MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF THELMA JOHNSON
COMES NOW, the tundersignedy THELMA JOHNSON, being duly
sworn; deposes and states as follows!
1. IT am an adult female resident of the State of
Mississippi and I reside at Route 2, Box2O¥» Walnut Groves
Mississippi 391897, which is located in Leake County.
2. I make this statement on behalf of Edward Earl
Johnsons who is my nephew.
3. F have known Edward Earl, the family called him
Squeaky: all of his life, with the exception of his first tuo
months, before he came to live with my mother and father, Mr.
Phinas Lewis (now deceased) and Mra. Jessie Mae Lewis, in
Walnut Grove.
4. Edward Earl is the son of my sister, Bettye Lou
Johnson, who lives in New York.
5. Edward Earl was a small, quiet and shy child when he
was very young. He clung closely to my mother. This
closeness developed into a devotion for my mothers whom he
called Momma, to the point that he felt that no one else
could look after her but him. He was so protective of her
that he wouldn't even spend the night at my home, even though
it was but a mere 100 feet away from his grandmother and
grandfather's house.
6. As an infant Edward Earl was very sick with a
serious ear infection, which my mother had treated by her
doctor, Dr. Bowens, then of Carthage. After that illness, my
mother never took Edward Earl to the doctor when he was ill,
she would treat him herself, using home remedies.
7. When Edward Earl was three years old he was enrolled
in the Hominy Center Headstart Program in Walnut Grove. He
was so shy and quiet that my father used to ride on the truck
with him everyday ta the Center, to be sure that none of the
other children would pick on him or take advantage of him.
Edward Earl stayed in the Headstart program until he was six
years old when he started elementary school.
8. As a child in school, Edward Earl was slow, not to
the point that he couldn’t learn, but rather that it took him
longer to grasp the material than other children. In fact
somewhere between the fifth and eighth grade he lost a year
because of his grades. However, he made up the subjects and
he did graduate from high school Just before he turned 18
years old.
9. Growing up Edward Earl had communication with his
mother, my sister, Bettye Lou Johnson. She came home to
Walnut Grove to visit several times and he and my mother went
to visit her in New York on two ocassions that I can
remember, Both times my sister wanted Edward Earl to remain
with her in New York, but, he would tell her that he would
like to, but, he had to go back with Momma so he could look
after her. He and his mother continued to maintain
communication through phone calis and letters.
18. Edward Earl didn’t have much of a relationship with
his father, J.B. Johnson. On the rare ocassions that he saw
him, he was respectful toward him, but, it was obvious that
he didn’t take to him to much.
11.0 When Edward Earl was about eight or nine, he began
to do odd jobs after school for local farmers. They would
always come by to see if he was available to work and he
would go off with them and help them on their farms. He
would help feed chickens, or clean out the chicken houses and
as he got older, he would help haul hay and he even helped
Mr. Truman Brantley build a barn. He liked working with his
hands. One of his favorite classes in school was the
Building Trades Shop, which he took all through high school.
If the work had been available he could have gotten a job as
an aprentice doing brick masonary work.
12. When he would work for the local farmers, they
would pay him at the end of the day and he would always bring
his money home to my mother . When he was in high school and
would work during the summer he would save that portion of
his money that he had left after giving my mother money
toward the house, so he could but himself clothes for the
school year.
13. Edward Earl was very close to my children. I have
five children, four daughters and one son. He was more like
an older brother to them, than a cousin. He would play with
them and babysit with them. When he would go somewhere, like
to the store, he would take them along. He regularly took
them to the movies. He was very close to them and they to
him.
14, When Edward Earl started working full time after he
had graduated from high shool he wanted to get his own car.
Ny mother was not to keen on the idea, however, my father
decided to help get his first car, with the understanding
that he would faithfully make the payments from his paychecky
which he did.
15. I have never known anyone, black or white who had
an unkind word to say about Edward Earl. Because of his
habit of working odd Jobs for local farmers, many of the
white residents in Walnut Grove knew him. None that I know
ever had a bad word to say about him. He was always a good
hard worker and he never gave them any sass or trouble.
16. When the trouble came in 1979; no one that I knew
could believe that Edward Earl could have done what he was
charged with doing. Even the brother of the Town Marshall
who was killed said to me and my father that “Edward Earl
couldn’t have killed my brother. *
the aforegoing is a true and accurate account of what I
know and dose not exhaust the sum of what I know.
Swern, to and Suhscr bed
> befor pe oe this 13th dey: of:
wry COMMISSION) EY PUS |
AAV S-GO
Thelma Mae Lewis (Achison)
wk Edward Zarl Sonsen
Thelita Johnson wth
TAwerd Zar) Schnson's
ofest -anele
STATE OF MISSISSIPPI
COUNTY OF LEAKE
AFFIDAVIT OF JESSIE MAE LEWIS
COMES NOW, the undersigned; JESSIE MAE LEWIS, being duly
sworn, deposes and states as follow!
1. I am an adult female resident of the State of
Mississippi. I reside at Route 2, BoxZO®, Walnut Grove,
which is located in Leake County.
2. I make this statement on behalf of Edward Earl
Johnson. My relationship to Edward Earl Johnson is his
maternal grandmother.
3. 1 was born in Walnut Grove, Mississippi in 1910 and
I married my decased husband, Mr. Phinas Lewis in 1933.
4. We were very poor and had to share crop in order to
support ourselves. I would take in laundry, clean houses and
ybaby sit to help out.
5. I was 23 years old, when the oldest of my five
children was born. That child was my daughter, Bettye Lou
Johnson (nee Lewis), who is Edward Earl’s mother.
6. Because we were so poor the children would have to
work on thé farm and when they got a chance they would attend
school. However, they all managed somehow to finish high
school.
7. After my daughter, Bettye Lou finished high school
she married B.J. Johnson, who was from Walnut Grove. That
was in 1958. From that marriage, my grandson, Edward Earl
was born.
8. My husband and I and the children all attended
church here in Walnut Grove, the True Light Missonary Baptist
Church. My husband later changed to the New Friendship
Baptist Church.
9. My husband, Phinas was a member of the Leake County
Chapter of the NAACP. This was during a time when race
relations were pretty bad around here, there was a lot of
“a
tension. You know, everything was separate, blacks were not
allowed ta shop in the white stores and so on.
10. Edward Earl’s mother was born in 1940. She was
spoiled a lot when she was’ a baby, but, she was a good child.
11. Edward Earl was a little more than a month old when
my daughter agreed to leave him with my husband and me to
raise. It was too hard for her to care for him right, what
with her working all the time and leaving him with a
babysitter.
12. The babysitter that Bettye Lou would leave Edward
Earl with wasn’t taking care of him properly. She wasn’t
feeding him right or nothing. :
13. When Edward Earl came to live with us, he was sick
and weesey. He had been a premature baby when he was born.
He was about six or seven weeks premature and he stayed in
the hospital for almost four weeks before he was big enough
for them to let him go home.
14. I took Edward Earl to see Dr. Bowens shortly after
he came to stay with me. Besides everything else, he had a
terrible ear infection The doctor said it was because he
hadn’t been getting the right milk. After that time I never
took Edward Earl to the doctor again. When he would get
sick, I would do the doctoring on him.
15. Edward Earl was three years old when his mother left
Hississippi to go to New York. She left because her marriage
tad gone bad and she felt that she could find better work for
herself if she left the State. She had always planned to
take Edward Earl to live with her after she had gotten
herself settled.
16. When Edward Earl was four, he and I went to visit
his mother in New York. She wanted him to stay with her,
but, he didn’t want to. I remember when I was packing my
things to return to Mississippi, I had my stuff laid out an
the bed. The next thing I knew, Edward Earl was laying his
things out on the bed with mine. I asked what was he doing
and he said that he was packing to go home with me. When his
mother asked if he wasn’t going to stay with her he said that
he had to go home to take care of Momma, that’s what he
called me. :
17. When he was a very little boy going to the Headstart
Center, he asked me to be his Momma.
18. Edward Earl grew up with my daughter Thelma and her
children.
19. When he was going ta school as a little boy, I would
help him with his home work. He was a slow child to learn.
He had a very short span of attention. He was also very
forgetful. If you told him to do something, he would have
forgotten it a few minutes after you told him. It was not
that he was disobedient or nothing, he was Just forgetful.
20. As a child he couldn’t keep still for long. He just
couldn’t sit for long. He had to be playing or doing
something.
2i. As a child he used to hear voices. He’d be in his
room and he’d hear these voices (female voices) and herd come
runing to me and ask me if I had called him. I didn’t think
much of it and just told him he was hearing things.
Sometimes as a child he would sit and stare off into space
and you’d have to call him several times to get his
attention.”
22. Edward Earl had trouble sleeping as a child. Many
nights he would stay up all night in his room and the next
day he’d be so tired that the teacher would think he was
daydreaming when he was in class. I didn’t think too much of
that either, I figured he’d out grow it and so I never took
him to see the doctor about it.
23. Edward Earl didn’t have much to do with his father
BeJ.y because he didn’t see him that much and I suspect that
he didn’t like him to much. He was so attached to my husband
that he used to call him daddy and my husband would refer to
him as his son or his boy.
24, Even when Edward Earl was older, he still would be
very forgetful. He would forget something someone told him
the day before.
25. When other children would ask him if he wanted to
come over to their house, he would tell them to ask Momma.
When [I would ask him if he wanted to go with them, he would
sayy I just can’t go, I can’t leave you. He was in
Sieaentary school at that time. But, that was something that
carried over to when he was grown. He would never stay away
from our house. He would’t even spend the night with his
auntie, Thelma and she lived right next door.
26. He was very close to his grandfather. He’d help him
on the farm. He’d 90 everywhere with his grandfather. He'd
go fishing with him. He never wanted to be left alone from
us. When I would go visit my neighbors he would go along
with me and he would stay there no matter what.
27. He was about seven when he started working odd jobs.
He started working with the chickens. He thought of himself
as the “boss of the chickens." He used to work for Mr.
Truman Brantly. I would let him work in the morning before
school. But after school he would be glad to go back to
work, but, I made him do his homework. When he got a little
older, I would let him do some work after school. He would
work in the summertime. He would get paid about a dollar a
day. That wasn’t bad considering; no one, even grown-ups was
getting mich at that time. I would keep some of his money to
teach him the respect for saving money.
28. He did most of his odd Job work for Mr. Glenn
Freeny. He'd haul hay and care for the chickens and he
helped Mr. Freeny build a barn.
29.. I've never seen Edward Earl drink any kind of
alcoholic drink. That’s because my husband didn’t drink and
I don’t drink either. And Edward Earl knew fow we felt about
drinking. if he did drink he kept it from me.
The aforegoing is a true and accurate account of what I
know and does not exhaust the sum of what I know.
: ize, TA Gc?
JESSIE MAE LEWIS
Swern to and Subsenbel
loc fore me ths 13h, clog
0 F Moy 1987
Norm PoBLic
ipy Co mssloW Epes ;
TPs 90
Jessie Mae Lewis
Jessie Mae aud Phincas (Lewis
Jessie Mae Lewis
win
Edward Rarl Schason
STATE OF MISSISSIPPI
COUNTY OF HINDS
AFFIDAVIT OF ROBERT P. HAIRSTON, JR
COMES NOW, the undersigned, ROBERT P. HAIRSTON, JR.+
being duly sworn, and deposes and states as follows?
1. I am an adult male resident of the State of
Mississippi and I reside at 3547 West Capitol Street,
Jackson, Mississippi 39289, which is located in Hinds County.
Ze I have volunteered my assistance to the attorneys
representing Edward Earl Johnson; in this matter.
3. I personally interviewed, took and transcribed the
statements of the following persons whose unnotorized
affidavits are attched herewith:
a. Bettye Lou Johnson
b. Terry Lee Fortune
c. Fred Smith
d. Braxton Kitchens
e. Samuel E. Hove
f. Charles McLaurin
gq. Willeve J. Nollie
h. Winson Hudson
i. Thelma Johnson
Jj. Truman Brantley
k. Gleen Freeny x
1, Cleeve Johnson
m. Jessie Mae Lewis
n. Lula Caples
4. That because of the constraints of time, logistics
and the unavailability of a local notary, the statements of
the aforgoing persons were not notorized. These statements
will be signed and notorized as soon as possible.
The aforegoing is a true and accurate account of what I
know concerning this matter.
Pritt P. Pari os,
wo
Sworn and subscribed tg before me, this day of May, 1987.
No
My commission expires?
My Commission Expires April 22, 1904
OT
THE DISTRICT OF COLUMBIA
AFFIDAVIT OF KENNETH B. NUNN
1. My name is Kenneth B. Nunn. I am a member, in good-
standing, of the bar of the State of California.
2. % am currently engaged in the practice of law at 1400
‘Eye’ Street, N.W., Washington, D.C. 20005.
3. I first became involved in the case of Edward Earl
Johnson on May 1, 1987 at the request Robert McDuff, Esquire. I
had no prior knowledge of the facts or circumstances of this
case.
4. Between May 4, 1987 and May 8th I contacted, by tele-
phone, J.C. Lewis, Annie Ruth Fields, William Caples, Lizzie Lee
Caston, George Fields, Gloria Parker Bell, Irven Parker, Patricia
Ann Lewis, Raymond Lewis, and Ora L. Bouchee, all of whom are
relatives of Edward Earl Johnson.
5. The above-mentioned relatives of Edward Earl Johnson
each related to me certain information which I caused to be set
forth in the form of affidavits.
6. While each affidavit was written by counsel, I faith-
fully set forth the facts and opinions that were reported to me,
and the affidavits are full of the affiants’ own language.
7. Once produced, the affidavits for J.c. Lewis and Annie
Ruth Fields were forwarded by Federal Express to the affiant,
along with a pre-paid Federal Express package addressed for
return of the affidavits to Ken Rose, 1008 North West Street,
Jackson, Mississippi, 39202. The remaining affidavits were
forwarded to Nathaniel Lewis, with the same arrangements for
return, for his conveyance to the particular affiants.
8. In the event that the signed affidavits are not received
in Mississippi in time to be filed with the court, I have
attached copies of the affidavits of the aforementioned relatives
of Edward Earl Johnson to this affidavit. The affidavit copies
attached hereto are true and correct copies of the documents
forwarded to Edward Earl Johnson’s relatives for signature.
The foregoing is a true and correct statement of the facts
based on my own personal knowledge.
ee oe
KENNETH B. NUNN VA
Sworn to and subscribed to before me this 11th day of May, 1987.
Lute
NOTARY PUBLIC
My Commission expires: Yard 4, (0F7
COUNTY OF COOK y i
STATE OF ILLINOIS
AFFIDAVIT OF GEORGE FIELD
1. My name is George Field. I make this affidavit on
behalf of my third cousin, Edward Earl Johnson.
2. I currently reside at 7133 South Indiana in Chicago,
Illinois with my mother.
3. I am 27 years old. I work at a garage on 71st and
Wabash Streets fixing truck tires.
4. I was born in Chicago. I moved to Walnut Grove,
Mississippi in 1981 where I lived with my grandfather, Irving
Parker. I lived there for three years. During that time I
became very close to my cousin Edward Earl, who we called
"Squeekie”.
5. Squeekie was a hard worker. He worked every day. He
had a job in a chicken processing plant. Although he was a
regular worker, he still liked to go out and party. I don’t
think he was overly religious. He had a lot of girlfriends.
Squeekie liked sports a lot. He played pool, basketball, and
softball. We shared secrets, loaned each other money and spent a
lot of time together. He was almost like a brother to me.
6. I believe that Squeekie was in the wrong place, but I
really don’t believe he had anything to do with this charge. He
was an easygoing guy. He never had fights or nothing. I was
shocked when I found out about this incident.
7. %I was available to testify for Squeekie, but I was not
asked to by his lawyers. I would testify now if I could. I
would pay my own way to this trial, if that would help Squeekie.
I have gone to Parchman several times to visit Squeekie. I would
do anything to help him.
The foregoing is a true and correct statement of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
know.
GEORGE FIELD
Sworn and subscribed to before me this day of May, 1987.
NOTARY PUBLIC
My Commission Expires:
Ko
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF GLORIA PARKER BELL
1. My name is Gloria Parker Bell. Edward Earl Johnson is
my second cousin, His mother’s mother is my father’s sister.
2. I reside at 7133 South Indiana, Chicago, Illinois,
60619. I have three children: Carolyn Gibbs, George -@ibbS and
LaDonna Willis. reds
3. I am employed as a Licensed Practical Nurse for the
Grasmere Residential Home in Chicago, Tllinois.
4. I was born ince knee anche Puississippi. I lived there
until I was four years old. When I was four, I moved to Chicago.
While living in Chicago I would go back to visit my relatives in
Mississippi, sometimes as often as two or three times a year.
5. I remember Edward Earl as a little skinny kid. I am old
enough to be his mother. He was raised by his grandmother. He
got a strict upbringing, but I remember him as a happy child. He
always seemed to be having fun.
6. I remember that Edward Earl always wanted to drive a car
when he was way too young. He would always ask if he could drive
somewhere, or play like he was driving. He loved cars quite a
bit.
The foregoing is a true and correct statement of what I know
about Edward Earl Johnson and it does not exhaust the sum of what
TI know.
GLORIA PARKER BELL
Sworn to and subscribed to before me this 124 yay of May, 1987.
resanenecenneeseesnren ree
MOFFIGIAL SEAL’
JANICE, M. MeCLINTON
Notary Pubic
tay. Commission Te conee no
sgoneneoe!
Seceanctc et
My Commission Expires:
&, 1987
31
COUNTY OF COOK
STATE OF ILLINOIS 1
AFFIDAVIT OF IRVEN PARKER
1. My name is Irven Parker. I am Edward Earl Johnson’s
second cousin. I make this affidavit on his behalf.
2. %I reside at 6751 South Walcott Street in Chicago,
Illinois.
3. I am employed by Lifschultz Trucking firm. I have
worked there twenty years.
4. I was born in Mississippi and moved to Chicago when I
was six. During the time that Edward Earl was a child, I used to
go to Mississippi at least four or five times a year. I would
stay with my grandfather, Dan Parker, or with Edward Earl’s
grandparents.
5. We referred to Edward Earl as “Squeekie”. He was just
an old country boy. He never got into trouble and never did
anything. He was an obedient child because his grandmother
didn’t play. Neither did his grandfather. They were both very
strict and that strict upbringing applied to all of us.
6. In the Lewis household right was right and wrong was
wrong. If you got caught doing wrong, you were punished. Being
my aunt and uncle’s grandchild, Squeekie was spoiled. He got a
lot of attention. Yet, our family was exceedingly close-knit and
every child got spoiled to some degree.
7. Squeekie loved cars. When he first wanted one, no one
had the money to buy him one, so he went to work until he had
enough money to get his own. After he bought his car he con-
tinued to'work. He didn’t have to, my auntie and uncle would
have cared for hin.
8. Squeekie was not allowed to stay out late at night.
When I was little we could just spend the night over at one of
our. relatives without any problem. Even at the age that this
thing happened he was not allowed to stay out all night.
9. Squeekie was a good eater. He liked to eat. I was
always racing him to the kitchen to see who would get there
first. \
10. There was nothing extraordinary about Squeekie. He
never did anything to bring attention to himself. He would be
there and be himself.
11. I wasn’t asked to go testify for Squeekie. I would have
done so and paid my own way.
The foregoing is a true and correct statement of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
ibis PARKER 7
Sworn to and subscribed to-before me this LH da’ 5 1987.
uae har
a
know.
My Commis: yesit 3
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF PATRICIA ANN LEWIS
1. I am the wife of Raymond Lewis. Edward Earl Johnson is
my nephew through marriage. I make this affidavit on his behalf.
2. %I currently reside at 1617 St. Charles Road in Maywood,
Illinois.
3. I have three children, Jeanette, Fialanda and Raymond
Jxr., who all live at home and go to the District 89 Public
Schools.
4. I first met Edward Earl in 1972 when I traveled to
Mississippi to pick up my husband, Raymond. We were dating at
the time and I had never been to his home town before.
5. Although I was a stranger to the family, Edward Earl was
very friendly toward me. I found him to be quite an outgoing
chap.
6. The following year Edward Earl came to Chicago. He
stayed with me for part of the time he spent here. We got along
very well. We had a lot of fun together and we would just talk.
We talked about school and what he would do after high school.
He wanted to come up north and get a job. His grandparents
needed him to stay down and help them. They were older and had
trouble getting around. I think it was real good of him to stay
with his grandparents. He would help them out quite a bit.
7. kEdward Earl had a crush on my sister, Gwen. She was
going with another guy so I told him, "no way”. It was all very
innocent. I just thought he was a normal kid.
8. Edward Earl was very polite. He always wanted to help
me out around the house. He would try to cook but I wouldn’t let
hin because he couldn’t cook.
9. I went to Mississippi for his first trial. I was going
to testify as a character witness for him, but the first trial
was cancelled and when it was rescheduled, they didn’t contact
me.. I would have gone back at my own expense to testify for
Edward Earl.
The foregoing is a true and correct account of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
know.
ie y (AA ta
PATRICIA ANN LEWIS
Sworn to and Subscribed to before me yy of May, 1987.
My Commission Expires:
A-/0-F
5S
COUNTY OF COOK
STATE OF ILLINOIS
AFFIDAVIT OF RAYMOND LEWIS '
1. My name is Raymond Lewis. I make this affidavit on
behalf of my nephew Edward Earl Johnson. He is my sister’s
child.
2. I presently reside at 1617 St. Charles Road, Maywood,
Illinois.
3. I am self-employed as a welder and a mechanic. I am
imarried with three children.
4. I was born and raised in Walnut Grove, Mississippi. I
left in 1968 to serve in Viet Nam. I returned in 1970. In 1972,
I moved to the Chicago area.
5. I go to Walnut Grove frequently. I spend at least three
months a year there.
6. I have known Edward Earl since birth. He was shy and
withdrawn as a kid. He wouldn’t hurt a fly. I used to take him
rabbit hunting but he would not even shoot a gun.
7. Edward Earl, we called him “Squeekie”, was a good
student at school. Real good. He was well-behaved.
8. Edward Earl spent a week or so with me in Chicago in
1974. I had no problems with him. He wouldn’t even go anywhere
to get out and.see the town. I would take him places, but he
wasn’t out looking for trouble.
9. Edward Earl had a nice job working before this took
Place. He bought himself a car, a 1974 Buick. He was working
every day. Maybe on weekends he would go out drinking with the
guys, but he was never in any kind of trouble. He was not into
drugs. : :
10. I was thinking if I had done anything like they say
Edward Earl did, I would have left town. He didn’t run away or
anything like that.
11. %I was never asked to testify for Edward Earl. I
certainly would have done it. I went to his trial at my own
expense.
The foregoing is a true and correct statement of what I know
about Edward Earl Johnson and does not exhaust the sum of what I
know.
ID LEWIS
Sworn to and Subscribed to before me t! May, 1987.
My Commission Expires: .
4A-/8- 83
EXHIBIT G
COUNTY OF HINDS
STATE OF MISSISSIPPI
AFFIDAVIT OF CLIVE A. STAFFORD SMITH
COMES NOW, CLIVE A. STAFFORD SMITH, being duly sworn, and
deposes and states as follows:
1. I am an attorney duly licensed to practice law in the
States of Mississippi, Louisiana and Georgia. My office is
located in Atlanta, Georgia.
2. On Friday, April 24, 1987, I heard that Edward Earl
‘Johnson was scheduled to be executed on May 20, 1987, and had no
lawyer to pursue avenues of post-conviction relief. I therefore
sarees to take his case, on the stipulation that I would not be
able to commence work on it until Sunday, May 3, 1987, on account
of prior commitments.
3. In early May, 1987, Robert B. McDuff agreed also to
represent Mr. Johnson, although he likewise could not devote
himself either immediately or exclusively to the case.
4. I still do not have a complete copy of the transcript,
but have been able to read rapidly through those portions which I
do have. Mr. McDuff and I have not as yet been able to contact
the many potential mitigation witnesses who could have appeared
on Mr. Johnson's behalf, and we have had difficulty gathering the
affidavits of those we have contacted. Mr. Johnson has many
potential witnesses, ranging from California, to Illinois, to New
York, and throughout Mississippi.
5. I:was not able to come to Mississippi to investigate the
case and begin writing Mr. Johnson's lege! p=rers until Thursday,
March 7, 1987. Mr. McDuff arrived the same day. Urgent business
requires that Mr. McDuff be back in Washington, D.C., today, and
I have to return tomorrow to Georgia for two days. We have
therefore prepared Mr. Johnson's challenge to his conviction and
sentence of death with no unnecessary delay, planning to file it
at the earliest possible moment, as soon as it is completed.
6. As part of our investigation, on Friday, March 8, 1987,
I travelled to the Circuit Courthouse in Carthage, Mississippi.
In the Circuit Clerk's office I xeroxed the judgment in the case
of State of Mississippi v. Ollie Leflore, Leake County Circut
Court No. 7845. See, Exhibit (1) to this Affidavit.
7. I also checked the records of the Leake County Sheriff's
Department for the period from February, 1979, until October,
1980. Mr. Ollie Leflore was admitted to the county jail ona
charge of Grand Larceny on February 2, 1980, at 7.20 p.m., and
released on bond at 10.15 p.m. that same day. He was adjudicated
guilty on the charge of Grand Larceny on May 13, 1980, and
sentenced to three years in the State Penitentiary at Parchman
On the same day, May 13, he was readmitted to the county jail,
where he remained at least through October 1, 1980.
‘a. From my review of the jail records, it is apparent that
almost everyone who is sentenced to a term of three years or more
in the State Penitentiary is sent there immediately upon
sentencing. The Leake County Jail has a small capacity.
9. From my review of the records, it is also apparent that
Sammie Jamison was frequently incarcerated for brief periods.
From August 1, 1979, until August 4, 1979, he was in jail for
Driving While Intoxicated and Driving Without a License. From
August 9, 1979, until August 22, 1979, he was in jail for Public
Drunkenness. This was also the cause of his incarceration from
November 1, 1979, until November 11, 1979. From January 19, 1980
until January 25, 1980, Jamison was in jail for trespassing.
Then he was in jail for five hours on July 1, 1980, for charges
unknown. ‘ .
10. I have been involved in several dozen capital cases,
and have frequently investigated juries which have imposed the
death sentence. I have newer: yet come across a jury where a
majority of jurors did not believe (1) that a sentence of life
imprisonment will result in release on parole in a very few years
and (2) that a sentence of death is very unlikely to ever be
carried out. I have also overseen several studies of jury pools
in this state and in Georgia concerning jurors' attitudes
concerning parole and the likelihood of a successful appeal of a
death sentence. Typical of the results are those achieved in the
case of State of Mississippi v. Willie White, There, the median
number of years which jurors considered likely to be served prior
to parole was five-to-ten. Over two thirds of the randomly-
selected sample of the jury pool thought it at least likely that
any sentence imposed by a trial jury would be reversed by an
appellate court. These results are comparable to those I have
found in other similar studies.
11. If provided funds, it is my professional opinion that
Mr. Johnson could easily demonstrate that the jury which
sentenced him to die, or the jury pool from which the jury was
selected, was tainted by the same perceptions concerning the
availability of parole and probability of appellate relief to
one sentenced to death, as the other studies I have overseen.
THE AFOREGOING constituted a true and accurate account of
what I know about the preparation of Mr. Johnson's petition for
post-conviction relief, and does not exhaust the sum of what I
know.
CLIVE A. STAFFORD SMITH
Sworn to and subscribed to before me
this 11th day of May, 1987.
NOTARY PUBLIC
My commiseion expires the day
of a+ 19. .
APRIL, 1980, TERM
STATE OF MISSISSIPPI
vs. NO. 7845 +
OLLIE LEFLORE & JERRY FLOWERS CHARGE: GRAND LARCENY
JUDGMENT OF GUILTY PLEA
This cause came on for hearing before the Court, and the
District Attorney, representing the State, announced ready °
for trial, and came the Defendants, Ollie Leflore and Jerry
Flowers, and their attorneys of record, and announced to the
Court ‘chat the Defendants, Ollie Leflore and Jerry Flowers,
desired to be rearraigned. Whereupon, the Defendants waived
the reading of the indictment in open Court through their
attorneys, and on rearraignment, the Defendants, Ollie Leflore
and Jerry Flowers, each entered a plea of guilty as charged.
WHEREUPON, the Court proceeded to impose sentence upon
the Defendants, and on recommendation of the District Attorney,
sentenced the Defendants as follows:
The Defendant, Ollie Leflore, is sentenced to serve a term
of three years in the Mississippi State Penitentiary and is
given credit for _{ days jail time: The Defendant,
Jerry Flowers, is sentenced to serve a term of three years in
the Mississippi State Penitentiary and is given credit for
| ays jaii time.
ORDERED AND ADJUDGED by the Circuit Court of Leake County,
Mississippi, in open and regular session, this the 13th day
of May, 1980.
CIRCUIT JUDGE
Baer T
STATE OF MISSISSIPPI
COUNTY OF HINDS
AFFIDAVIT OF ROBERT McDUFF
1. My name is Robert McDuff. I am an attorney, ama
native of Mississippi, and am licensed to practice law in
Mississippi. At the present time, I work out of Washington,
D. Cc.
2. Approximately two weeks prior to the scheduled May
20 execution of Edward Earl Johnson, I began representing Mr.
Johnson with respect to claims arising out of his capital
murder conviction and death sentence.
3. Last Saturday I went to Leake County. Someone
volunteered to us that one or more of the juror had a son who
was in the Leake County Jail at the time of Mr. Johnson's
trial.
4. I learned that Juror, Eddie Leflore had a stepson in
the Leake County jail at the time of her jury service. His
name was Oliie Leflore, and he was in jail on a charge of
grand larceny arising from the Circuit Court of Leake County.
His stepmother, Ms. Eddie Leflore, meanwhile was sitting on
the circuit court jury of Leake County in Mr. Johnson's
capital mivdex case. Ms. Leflore voted with the jury for
capital murder and the death sentence. I also learned that
Ollie Leflore was sentenced to three years in the state
penitentiary for grand larceny prior to Mr. Johnson's trail,
yet only had to spend approximately five days at the state
penitentiary being processed. In addition, he spent approxi-
mately six months of his sentence in the Leake county jail,
and anothes cougniy four months in satellite halfway house
program in Hattiesburg. He then was released.
xn to and Subscribed before me this II day of May, 1987.
* My commission expires: My Commission Expires A; N22,
y Comn res April 22, 1994
