NCADP - The National Coalition to Abolish the Death Penalty

Michael Johnson, TX, October 19

Do Not Execute Michael Johnson

October 19, 2006

Texas

Michael Johnson maintains his innocence and his allegations of an unfair trial for the murder of Jeff Wetterman while he awaits execution in Texas. Johnson, a 29 year old white male, was convicted of murdering gas station clerk Jeff Wetterman. On Sept. 10, 1995, Johnson and David Vest, an accomplice and later a trial witness, took a stolen car to drive from Dallas to Corpus Christi. They entered the gas station where Wetterman worked and began to pump gas. At this time, Wetterman was shot and killed, and both men were arrested and charged with capital murder. Later, Vest's charge would be dropped to aggravated robbery.

After his indictment, Vest signed a confession under oath, stating that he, “knowingly and intentionally caused bodily injury to Jeffrey Michael Wetterman, by shooting him with a handgun.” However, prior to the trial, Vest made a plea bargain with the state’s prosecution, agreeing to testify against Johnson in exchange for 8 years in prison for his role in the Wetterman robbery and murder. Furthermore, the prosecution in Johnson’s trial had knowledge of this confession as early as Johnson’s plea hearing, yet did not disclose this information to Johnson’s counsel at any time during his trial.

This case demonstrates the ineffective assistance of counsel that many death row inmates face. The State of Texas had Vest’s confession, yet used his testimony against Johnson to gain a conviction. Thus, they presented false testimony to the court. Furthermore, the State illegally withheld Vest’s confession from Johnson’s counsel. Finally, Vest’s testimony is not reliable, since he has stated two different things under oath and he used his testimony to get a better sentence for himself.

Johnson has gone through all of his appeals, and none of them have succeeded in getting him off death row. While upholding the original decision of the court, one judge even wrote that he recognizes the “troubling record of the State’s inconsistent pretrial and trial strategy with respect to the two codefendents.”

In spite of it’s own incompetence, the State of Texas seeks to execute Michael Johnson on Oct. 19, 2006.

Please write to Gov. Rick Perry on behalf of Michael Johnson

September 02, 2010

Subject:

I wish to appeal to you on behalf of MICHAEL JOHNSON, who is due to be executed on Oct. 19. My sympathies go out to the family and loved ones of Jeff Wetterman, and I agree this was a very tragic event that cannot go unpunished. However, the death penalty—which is employed disproportionately against the poor and people of color who often lack adequate legal representation—is not the right punishment for MICHAEL JOHNSON. The prosecution in this case did not disclose all of the evidence to Johnson's defense. His accomplice, David Vest, signed a confession, then recanted and testified against Johnson in order to receive a lighter sentence. Witholding evidence from counsel is illegal, and Vest's testimony is unreliable since he gave two different statements. Furthermore, the prosecution had this confession during the hearing for Johnson, and thus had plenty of time to give it to Johnson's counsel. One judge even called how the state handled two codefendants "troubling." The state's case against MICHAEL JOHNSON is extremely weak. JOHNSON was convicted and lost his appeals largely because he has not received adequate counsel throughout his trial and appeals process. In view of the above mentioned information, I urge you to act quickly to correct this situation and stop the perpetuation of a state-sanctioned system of injustice. Please find it in your hear to spare the life of this human being. Thank you for your time and consideration in this important and urgent matter.
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