State v. Johnson

Citation: 266 So. 3d 969Docket: NO. 2018-KA-0409

Court: Louisiana Court of Appeal; March 13, 2019; Louisiana; State Appellate Court

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Leon Cannizzaro and Donna Andrieu represent the State of Louisiana, while Holli Herrle-Castillo represents the defendant, Horatio Johnson, in a case involving the double murder of Kenneth and Lakeitha Joseph, whose bodies were found in the Intracoastal Waterway nearly a month after they were reported missing on February 19, 2014. Following an extensive investigation, Johnson was charged on August 28, 2014, with two counts of second-degree murder, conspiracy to commit obstruction of justice, and obstruction of justice, to which he pleaded not guilty. The trial court denied his motions to suppress evidence and statements. During the jury trial from August 21 to August 31, 2017, the prosecution presented multiple witnesses and evidence, while the defense chose not to call any witnesses. The jury convicted Johnson on all counts, with an eleven-to-one verdict for the murder and conspiracy charges and a unanimous verdict for obstruction of justice. The trial court denied Johnson's post-verdict motions, and he was sentenced to life imprisonment for the murder charges, along with consecutive sentences of twenty and forty years for the obstruction-related charges. Johnson's appeal against his convictions and sentences was ultimately affirmed. The investigation into the victims' disappearance included a report of a burglary at their home, along with analysis of cell phone records indicating the victims’ movements on the night they went missing.

McAbee confiscated a Toshiba laptop and an iPad from the victims' residence and discovered that their van was spotted at a Georgia Travelodge Hotel linked to a guest named Frank Mike. On February 27, 2014, Officer James Jackson, Jr. found the abandoned Dodge Caravan in College Park, Georgia, which was reported stolen from LaPlace, Louisiana, and marked as 'missing endangered person.' After impounding the vehicle, Fulton County Police informed Detective McAbee of its recovery. 

On March 1, 2014, forensic investigator Helen Weathers processed the van under a search warrant, documenting its condition, including recent washing and dirty tires. Evidence collected included a receipt from LaPlace, Louisiana, and blood stains throughout the van. DNA samples were swabbed, and the evidence was sent to the New Orleans Police Department (NOPD). Weathers also obtained guest registration and surveillance footage from the Travelodge.

Lakeitha Joseph's body was found in the Intracoastal Waterway in New Orleans on March 10, 2014, followed by Kenneth Joseph's body on March 22, 2014, bound with blue rope and a kettlebell. NOPD Detective Robert Bachelder confirmed the victims' bodies were found with their ankles tied. 

Forensic pathologist Dr. Erin O'Sullivan performed Lakeitha Joseph's autopsy, noting a head hemorrhage but concluded she died of asphyxia by drowning. Kenneth Joseph's autopsy, conducted by Dr. Richard Tracy, revealed no injuries but classified the death as a homicide by drowning. Several individuals charged in connection with the Josephs' disappearance testified against the defendant at trial.

Frank Mike testified that upon returning to his New Orleans East home on February 19, 2014, he found a silver Dodge Caravan parked in his driveway, which belonged to his friend Steven 'Future' Bradley. Bradley, along with Horatio Johnson, Amir 'Blue' Ybarra, and an unidentified black female, moved the van to the back of Mike's house. Bradley permitted Mike to drive the van to Atlanta for business but cautioned him not to place anything in the back due to potential blood stains. When Mike opened the van, he discovered blood inside. 

He arrived in the Atlanta area on February 20, 2014, and booked a room for two nights at the Travelodge Hotel. Mike later found out the van was linked to a missing couple from Reserve, Louisiana, and attempted to reach Bradley multiple times, eventually receiving a call from him using the defendant's cell phone. Fearing the situation, Mike abandoned the van after cleaning it and parking it a mile away. 

During a heated phone conversation, Bradley confessed to stealing $200,000 and several bricks of cocaine from a couple. After learning the victims' bodies had been found, Mike identified Bradley and Johnson to NOPD Detective Ryan Vaught. 

Donald Silva, a former bail bondsman and friend of Bradley, testified that Bradley confessed to luring Kenneth and Lakeitha Joseph to a recording studio where they were murdered by Bradley, Ybarra, and Johnson. Silva stated that the bodies were transported in the van and disposed of in the Intracoastal Waterway, with financial gain as the motive. On cross-examination, Silva admitted he was not present during the murders and only learned about them from Bradley. 

Brittany Martin, who was also charged but pleaded guilty to obstruction of justice, testified about her relationship with Johnson. On February 18, 2014, she met Johnson at a recording studio and later accompanied him to a warehouse where the Josephs arrived. After a brief interaction, Martin witnessed Johnson strangle Lakeitha Joseph. In shock, she initially did not call the police and later left the scene but returned when Johnson called her back, fearing for her family's safety.

Defendant accompanied the victim, Ms. Martin, when she announced she was leaving. They drove to a store where she bought a knife for protection, which she concealed. After returning to a recording studio, defendant changed clothes and packed his old clothes in a bag, which they later burned in a deserted area. They then went to a Walmart, where defendant used Ms. Martin's American Express card to buy rope, a kettlebell, gloves, clothing, and degreaser. They returned to the studio, where Ms. Martin remained in the car while defendant entered with the purchased items. Later, defendant left with two men, Bradley and 'Blue,' who drove a van belonging to victims, while they loaded large items, which Ms. Martin suspected were the victims' bodies. They disposed of the bodies in New Orleans East and later cleaned the van's interior and exterior. Afterward, defendant and 'Blue' got manicures to remove blood traces. Ms. Martin maintained her relationship with defendant until her police surrender on May 7, 2014. Before this, they purchased kettlebells in Texas, and defendant instructed her to claim they were for exercise if questioned. Under cross-examination, Ms. Martin's previous romantic intentions towards defendant were highlighted, along with her research on wedding-related matters during the period she claimed to fear him. Defense counsel suggested that her allegations arose from a grudge due to a broken engagement promise, which she denied. Another witness, Marvin Buendia, confirmed he was friends with defendant and had spent time with him and Ms. Martin around the time of the incidents.

Defendant instructed Buendia to buy a thirty-pound kettlebell from a specific store location, then they visited another Walmart where the same process was repeated. Following this, they returned to Buendia's home, where defendant and Ms. Martin stayed overnight. A few days later, defendant advised Buendia to claim he spent the night of February 18, 2014, at Buendia's residence if questioned. Warren Chambliss, the asset protection manager at Walmart in Kenner, retrieved a receipt from February 19, 2014, documenting the purchase of two kettlebells and various other items made using Brittany Martin's American Express card. Surveillance footage confirmed Martin and defendant's presence during the transaction at 12:33 a.m. on that date.

Detective Rob Barrere, assisting lead investigator Detective Ryan Vaught, canvassed the victims' neighborhood and discovered a neighbor heard loud knocking at the victims' home on the night they went missing, noting their van was also missing. Barrere found that the Kenner Walmart sold the same kettlebell found attached to one victim's body. Commander Nicholas Gernon assigned Vaught to investigate the murder of Lakeitha Joseph and coordinated searches at both Brittany Martin's and defendant's homes, where items such as kettlebells, rope, gloves, and a firearm were confiscated.

Vaught was present when Lakeitha Joseph's body was discovered on March 10, 2014, and conducted door-to-door inquiries, learning of a disturbance at the victims’ home on February 18, 2014. The victims' van, last seen driven by Joseph, was recovered in Georgia, where it underwent forensic analysis. DNA evidence from the van led to the identification of Frank Mike as the driver. Following a search of Mike's residence, clothing linked to him was found that matched what he wore on surveillance footage. Mike admitted to driving the victims' van to Georgia and identified Steven Bradley as the individual who lent him the van.

Mike identified the defendant as being present when he received a van from Bradley. Following interviews and photo identification, Vaught secured arrest warrants for the defendant, Ms. Martin, and Amir 'Blue' Ybarra, while also arresting Bradley. Investigations revealed that victims were lured to a recording studio where they were killed. A search of the defendant's home yielded two iPhones, and a subsequent search of the recording studio uncovered a degreaser linked to a previous purchase by Ms. Martin and the defendant. Vaught had received threats against Ms. Martin from the defendant prior to her arrest and obtained a trap and trace warrant for her phone. With assistance from the U.S. Secret Service, he intercepted her return to New Orleans and seized her phone. Digital forensics were conducted on the cell phones of the involved parties, providing critical information about calls and movements related to the murders. Vaught testified extensively about these communications and interviewed Ms. Martin multiple times, during which she revealed locations where evidence was destroyed and bodies disposed of.

The document outlines the absence of patent errors and presents the defendant's three main assignments of error: 1) denial of a post-verdict judgment of acquittal due to insufficient evidence; 2) reversal of a mistrial granted after a reference to the defendant's prior conviction; and 3) claims that non-unanimous guilty verdicts are unconstitutional, warranting a retrial. Regarding the first assignment, the defendant contends that his convictions relied solely on unreliable testimony. The standard for granting a post-verdict judgment of acquittal requires the court to view evidence favorably to the state, assessing whether any rational juror could find the defendant guilty beyond a reasonable doubt.

The Court reaffirmed the standard of review for sufficiency of evidence in criminal cases, citing the necessity for evidence to be viewed in favor of the prosecution. A rational factfinder must determine if the State proved the crime's essential elements beyond a reasonable doubt, relying on both direct and circumstantial evidence as per Jackson v. Virginia. Louisiana law (La. R.S. 15:438) requires that circumstantial evidence must exclude every reasonable hypothesis of innocence. Testimony from a single credible witness can support a conviction unless there are contradictions or conflicts with physical evidence. The credibility of witnesses is largely upheld by the factfinder and not to be disturbed by reviewing courts unless contrary to the evidence.

In this case, the defendant was convicted of two counts of second-degree murder. The definition under La. R.S. 14:30.1 requires a specific intent to kill or inflict great bodily harm. Testimony from Brittany Martin provided detailed accounts of the defendant's actions, including the strangulation of Lakeitha Joseph, subsequent purchases of items suggesting preparation for the crime, and disposal of the victims' bodies. Additionally, Donald Silva testified to Steven Bradley's confession regarding the murders, reinforcing Martin's narrative about the defendant's involvement in the crimes. The evidence presented sufficiently supported the convictions for second-degree murder.

Medical evidence at trial indicated that the victims died from drowning, with forensic pathologists confirming that their bodies were bound with rope and weighed down by a kettlebell attached to Mr. Joseph's ankles. This evidence, viewed favorably for the prosecution, supports a finding of the defendant's specific intent to kill, leading to convictions for two counts of second-degree murder. The defendant was also found guilty of obstruction of justice under La. R.S. 14:130.1, which defines obstruction as tampering with evidence with the intent to distort criminal investigations. Specific actions by the defendant included binding the victims, burning his clothing, cleaning the victims' van, altering his appearance to destroy evidence, enlisting an accomplice to purchase substitute kettlebells, and instructing a witness to provide false testimony. This conduct sufficiently demonstrated intent and knowledge necessary for obstruction of justice charges. 

Regarding conspiracy to obstruct justice under La. R.S. 14:26, the evidence, including testimony from Brittany Martin, indicated that the defendant conspired with others to dispose of the victims' bodies and the van. The jury could have reasonably concluded that the State proved beyond a reasonable doubt the conspiracy charges based on the coordinated actions of the defendant and his accomplices, despite the defendant's claims of insufficient physical evidence linking him to the crimes. Video surveillance further supported the prosecution's case by capturing the defendant and Martin engaged in purchasing kettlebells and cleaning supplies relevant to the offenses.

Defense counsel effectively cross-examined the State's witnesses to highlight their criminal histories and potential motives to falsely accuse the defendant. Despite this, the jury accepted the witnesses' testimony, leading to the defendant's conviction on all four counts. The appellate court's role does not include reassessing witness credibility or reweighing evidence; instead, it evaluates the constitutional sufficiency of the evidence. The credibility and weight of evidence are determined by the trier of fact, who can accept or reject any part of a witness's testimony, and conflicting testimonies are considered weight rather than sufficiency issues. A single witness's testimony can, if believed, be adequate to support a factual conclusion unless contradicted by other evidence. Upon reviewing the evidence, the appellate court found it sufficient to uphold the conviction and affirmed the trial court's denial of the defendant's request for a post-verdict judgment of acquittal.

In the second assignment of error, defense counsel prompted a witness to make a statement about another crime involving the defendant, which led the trial court to initially grant a mistrial. The appellate court reversed this decision, stating the trial court lacked authority to grant a mistrial under relevant Louisiana statutes. The defendant argued that the trial court was better positioned to assess the necessity of a mistrial, but the appellate court maintained that its prior ruling stands as law of the case, requiring new evidence to overturn it.

Defendant failed to provide credible evidence of prejudice from Ms. Martin's statement, and the court found no error in its previous ruling. The State presented substantial evidence supporting defendant's guilt on all counts, rendering any alleged error from the statement harmless. The court affirmed that improper references to other crimes undergo a harmless error review, which determines if the verdict was surely unaffected by the error. 

In his third assignment of error, the defendant argued that his non-unanimous jury verdicts for second degree murder and conspiracy to obstruct justice are unconstitutional and should be reversed. He claimed entitlement to a new trial based on the 2018 amendments to Louisiana's Constitution and Criminal Procedure, which require unanimous verdicts for certain offenses. The amendments specify that for offenses committed prior to January 1, 2019, a ten-person concurrence suffices, while for offenses postdating this, unanimous verdicts are mandated. 

Although the defendant acknowledged the prospective nature of the amendments, he argued for retroactive application based on State v. Draughter, where the court evaluated the constitutionality of a statute in light of a constitutional amendment regarding the right to bear arms. The court in Draughter determined that while the right to bear arms is fundamental, the amendment merely adjusted the standard of review for restrictions on that right, not the fundamental nature of the right itself.

The Louisiana Supreme Court's decision in Draughter established that amendments to the Louisiana Constitution, which altered the standard of review for restrictions, were prospective but retroactively applicable to cases like Draughter's that were pending on direct review. However, the current statutory amendments requiring unanimous jury verdicts do not declare non-unanimous verdicts unconstitutional, nor do they change the applicable standard of review as in Draughter. The court emphasized that applying Draughter to the present case would overstep legislative authority, as the legislature clearly defined when the unanimous jury requirement takes effect. Both the Louisiana and U.S. Supreme Courts have affirmed the constitutionality of non-unanimous jury verdicts in non-capital cases, and the 2018 amendments do not negate those rulings. Louisiana law generally prescribes that constitutional amendments have only prospective effect unless explicitly stated otherwise. The amendments in question specify applicability to offenses occurring on or after January 1, 2019, ruling out retroactive application. Consequently, the non-unanimous jury verdicts in this case are deemed constitutional, leading to the affirmation of Horatio Johnson's convictions and sentences. The case also notes related charges against other parties, mentions Detective McAbee's employment history, discusses Frank Mike's plea deal in exchange for cooperation, and highlights the refusal of co-defendant Steven Bradley to testify due to concerns over immunity.

Bradley refused to answer any questions posed by the State during his trial, asserting his Fifth Amendment privilege and acknowledging the potential for contempt of court. Consequently, no substantive testimony was obtained from him. At the time, the defendant was awaiting sentencing. Police had seized kettlebells during a search of Ms. Martin's home. The State stipulated to various forensic findings: DNA testing by Julia Kirk identified Lakethia Joseph as a contributor from a swab taken from the victims' van, while Frank Mike was identified from swabs of the gear shift. Kenneth Joseph was linked to several samples, but no DNA profiles implicating the defendant were found. Stacey Williams’ analysis of swabs from the victims' residence indicated a major DNA contributor consistent with Kenneth Joseph, but no conclusions could be drawn for minor contributors. Kacie Amarello's fingerprint analysis yielded no identifiable prints from evidence collected. Detective Vaught noted that renovations at the studio where evidence was sought hindered biological evidence recovery. The document also references the "law of the case" doctrine, which prevents relitigation of the same issues in ongoing cases and promotes consistency, efficiency, and fairness. However, this doctrine allows for judicial discretion to avoid manifest injustice or reliance on erroneous prior decisions.