Wrongful Conviction of Morton Johnson

Imagine being accused of a crime you didn’t commit. Now, imagine spending more than half your life in prison for that crime. This is the reality for Morton Johnson, a man who has been incarcerated for over two decades for a crime new DNA evidence shows he didn’t commit. This article, written by the Innocence Project, sheds light on the case and the significance of DNA evidence in criminal defense. Mr. Johnson deserves justice and compensation for the decades of freedom stolen from him. This case exposes some of the worst flaws within our criminal justice system.

Similar Patterns in Wrongful Convictions

In my experience defending clients against dubious charges, Mr. Johnson’s case hits on multiple factors I see time and again in wrongful convictions – coercive and manipulative interrogation tactics, prosecutors grasping at straws to make their theory of guilt stick despite exculpatory evidence, and the unconscionable trial penalty defendants face for exercising their right to prove their innocence at trial. As a lawyer who has seen firsthand how an overzealous prosecution can unfairly convict an innocent defendant, Mr. Johnson’s case angers me deeply.

The Crime and Investigation

In 1997, 70-year-old Henrietta Nickens was sexually assaulted and murdered in her Chester, PA home. With no leads, detectives focused their investigation on Morton Johnson’s cousin Sam Grasty simply because he once dated Ms. Nickens’ granddaughter. They also questioned Mr. Johnson and two other friends, despite no physical evidence linking them to the crime.

Coerced False Confession and DNA Exclusion

Detectives exploited 15-year-old Richard McElwee’s intellectual disability to coerce a false confession implicating himself and the others. The details didn’t match the actual facts of the crime, yet prosecutors used McElwee’s statement as their backbone of evidence. More egregiously, DNA testing conducted just months after the murder excluded all four men, including Mr. Johnson. But did this stop the prosecutors? Of course not. They dropped the sexual assault charges and pushed forward with their persecution.

Conviction Based on Unreliable Testimony

At trial, Mr. Johnson maintained his innocence, reasonably believing the lack of evidence would lead to his acquittal. Instead, he was convicted solely on the basis of McElwee’s unreliable testimony. As his co-defendants were convicted as well, Mr. Johnson felt he had no choice but to waive his right to a jury trial. Yet even the judge failed to recognize the holes in the prosecution’s case, questioning why McElwee would lie instead of scrutinizing the coerced confession.

The Trial Penalty Injustice

Most unconscionably, Mr. Johnson was offered a lenient plea deal of 6-12 years, but he refused to falsely admit guilt. After conviction, he was slammed with a life sentence without parole. This brutal trial penalty is an injustice I’ve seen ruin countless lives.

DNA Proves Innocence

Thanks to the Innocence Project and advanced DNA testing, we now know that DNA from the victim’s body, bedding, and other crime scene evidence matches an unknown man – not Mr. Johnson or his co-defendants. This provides definitive scientific proof of their innocence. The ludicrous theories the prosecution invented to explain away the DNA results, like necrophilia by a random intruder, are the epitome of prosecutors bending over backwards to win at all costs rather than seeking the truth.

A Quest for True Justice

Cases like Mr. Johnson’s are why I became a criminal defense lawyer. It disgusts me to see prosecutors and law enforcement trampling civil liberties and human dignity in their quest for another “win.” The withholding of exculpatory evidence, coerced confessions, and baseless prosecution theories—are more than legal errors. They are human rights violations. Mr. Johnson’s beautiful poetry written from prison shows that despite enduring unfathomable injustice, his spirit has not been broken. His perseverance inspires me to keep fighting for true justice and accountability. I hope his long-awaited exoneration comes swiftly and that it brings some small comfort to the years of freedom stolen from him. No innocent person should suffer as Mr. Johnson has due to the egregious failures of our criminal justice system.