Published October 08, 2008 11:41 pm -
Muskogee man guilty in murder of child
Associated Press
KANSAS CITY, Mo. (AP) — A jury on Wednesday convicted a Muskogee man of killing a 3-year-old girl long known as “Precious Doe” by kicking her in the head and waiting hours without seeking help while she died.
Harrell Johnson, 29, was convicted of first-degree murder in the death of Erica Green. He also was convicted of endangering the welfare of a child and abuse of a child. The jury deliberated for about three hours before returning the verdict. Johnson showed no emotion as the verdict was read.
Johnson’s only possible sentence on the murder charge is life in prison without parole. Prosecutors did not seeking the death penalty, partly because Johnson agreed to withdraw his request to have the case moved out of Kansas City.
The jury recommended sentences of four years on the endangerment charge and 25 years on the abuse charge.
Jackson County Circuit Judge John Torrence will sentence Johnson at a date to be determined later.
Jackson County prosecutor Jim Kanatzar called the case a disturbing one that “will be with us for years to come.” He said he was relieved that little Erica finally received justice and that Johnson got a life sentence in her murder.
Defense attorney Chris Slusher said the defense’s first responsibility was to avoid a death sentence for Johnson, which it accomplished.
During closing arguments, Kanatzar told jurors a guilty verdict from them would finally bring justice in a case that has haunted residents since a police officer found little Erica’s naked, headless, naked body in a wooded area of Kansas City in April 2001.
“This selfish coward made the decision to put himself before this 3-year-old child’s life,” Kanatzar said.
Slusher argued that Johnson didn’t know the girl would die. He said prosecutors hadn’t proven that Johnson was guilty of deliberately intending her death.
“It’s our position to you that the evidence in this case has not established that Harrell Johnson intended or deliberately meant for Erica Green to die,” Slusher said.
After the verdict, he said he thought the defense made a good case against the first-degree murder charge.
“At the same time,” Slusher said, “we understand that because of the facts of the case and the attention it received that there was a substantial chance that a jury would return a verdict of murder in the first degree.”
Lacking an identity, Erica was known only as “Precious Doe” until 2005, when a community activist received a tip from Johnson’s grandfather in Muskogee, where he lived with Erica’s mother, whom he married a year after the girl’s death.
Johnson’s trial began Monday in Jackson County Circuit Court, and prosecutors completed their presentation Tuesday with testimony from Johnson’s wife, Michelle Johnson, and a videotaped confession by the defendant. Defense attorneys did not call any witnesses.