When Gary Black goes on trial for a second time for the murder of former Missouri Southern State College athlete Jason Johnson, he is hoping the most he will face if found guilty is life in prison.
Earlier this month, Black's lawyer, public defender Susan McCarthy Elliott filed a motion in Jasper County Circuit Court to preclude the state from seeking the death penalty. She has also filed a survey conducted in an effort to have Black's trial moved from Jasper County due to prejudicial publicity.
As The Turner Report revealed in July, it appears that Black's defense on his second go-round, which was ordered after the Missouri Supreme Court ruled more effort should have been made to impeach the eyewitnesses who presented the evidence that indicated Black had planned the murder. Ms. Elliott filed discovery motions asking for Mr. Johnson's police record, his MSSC student records, and his employment records. The motions are scheduled to be taken up during a Friday, Aug. 19 hearing.
A Jasper County jury gave Black the death penalty after finding him guilty in the racially-motivated killing of Mr. Johnson. Black's girlfriend said she thought Johnson made a pass at her in a convenience store. Black and his girlfriend were both white, while Johnson was black.You can find a more thorough account of the case in the Aug. 18, 2004, Turner Report at the following link:http://rturner229.blogspot.com/2004/08/it-wasnt-first-time-jason-johnson-had.html
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