Johnson v. Lamas, No. 14-3208 (3d Cir. 2017)Annotate this Case
In 2005, off-duty police officer Flomo was shot to death while sitting in his car in North Philadelphia. The shooting occurred after Flomo had stopped his car and solicited Bowens, a prostitute and Slaughter’s and Johnson’s long-time drug customer. Johnson and Slaughter were charged with murder based on witness identifications and forensic testimony. A jury acquitted both defendants of first-degree murder, but convicted Slaughter on third-degree murder and criminal conspiracy. It failed to reach a verdict on remaining charges as to Johnson. At Johnson’s retrial, the prosecution introduced a statement that Slaughter had given police that implicated Johnson, in violation of Johnson’s Sixth Amendment right to confront witnesses. A jury found Johnson guilty of third-degree murder and criminal conspiracy; he was sentenced to consecutive prison terms of 20-40 years and 10-20 years. After unsuccessful state post-conviction proceedings, Johnson unsuccessfully sought federal habeas relief, based on the introduction of that statement and the prosecutor’s calling Slaughter to testify knowing that Slaughter would invoke his Fifth Amendment privilege. The Third Circuit affirmed. denial of Johnson’s habeas petition, reasoning that Slaughter’s statement was cumulative so that Johnson could not show prejudice and that the prosecutor did not necessarily know that Slaughter would invoke the Fifth Amendment.