James Arthur Johnson

Held Three Years in Jail Without a Trial
For a Murder He Didn't Commit
Here is the original story we ran on this website,
starting in early September, 2007.

James Arthur Johnson has been jailed for THREE
YEARS, and only recently was charged with a crime.
Here is his story as posted on September 7, 2007 by
the Raleigh newsobserver.com.

Probe sought in handling of case
Prosecutor accused of misconduct

Titan Barksdale, Staff Writer
In the wake of former Durham District Attorney Mike Nifong's disbarment, the State
Bar is being asked to investigate possible misconduct by another North Carolina
prosecutor.

Supporters of James Arthur Johnson, who has been jailed since July 2004 in
connection with the rape and shooting death of a Wilson teen, say Assistant District
Attorney William Wolfe is prosecuting Johnson without probable cause, a violation of
State Bar ethics. The state NAACP delivered a complaint about the case to the N.C.
State Bar on Thursday.

Although Wolfe is not named in the complaint, it targets the prosecutor handling the
case.

On Thursday, an assistant in Wolfe's office said he had left the office for the day.
Messages left for him were not returned.

Brittany Tyler Willis, 17, was abducted June 28, 2004, from a shopping center in
Wilson. Her body was found the next day at a construction site half a mile from the
shopping center.

Johnson, 21, maintained his innocence but cooperated with the police by telling
them what he knew about the murder. His information led them to another man,
Kenneth Meeks, and DNA connected Meeks, 20, to the crime. Meeks is serving a life
sentence for Willis' murder.

Meeks initially told police that Johnson also was involved in the crime but later said
at a court hearing that he acted alone. He said he was upset that Johnson went to
the police, so he lied about Johnson playing a role in the crime.

At a news conference Thursday, state NAACP President Rev. William Barber II,
Johnson's supporters and his parents said no evidence links Johnson to the crime.
But Wolfe has refused to drop the charges.

"It's time for North Carolina to make clear that irregardless of who you are or where
you're from, prosecutorial misconduct will not be tolerated," Barber said. "Are we
going to have selective justice?"

Grievance panel

The complaint is initially reviewed by State Bar lawyers, at which time Wolfe would be
given the opportunity to respond to the accusations. Those lawyers forward the
information -- along with their recommendation to dismiss or hear the complaint
further -- to a grievance committee.

NAACP attorney Al McSurely said the he wants the bar to "expedite" any investigation
into Wolfe's handling of the case. Johnson is scheduled to be tried for the crime
Sept. 24 in Wilson. The State Bar grievance committee, which meets quarterly, won't
meet again until after Johnson's trial date.

The grievance committee members could hear the complaint, dismiss the complaint
or issue a written form of discipline -- such as a warning, admonishment, reprimand
or censure. Or, the committee could pass it to the disciplinary commission, which
has the power to disbar a lawyer.

Arthur Johnson, Johnson's father, said he hopes that the attention to the case will
help exonerate his son.

"James, he's a trooper," Arthur Johnson said. "He made the comment that this case
is bigger than him. It's for everyone else who might get into this situation."

    Contact North Carolina
    Attorney General Roy Cooper
    9001 Mail Service Center
    Raleigh, NC 27699-9001
    Telephone: 919-716-6400 • Fax: 919-
    716-6750

-----------------------------------------------------------------


If you would like to file a complaint against
William Wolfe the District Attorney who was
the prosecutor in the James Johnson case,
please download the form here.  We believe
misconduct and should be held accountable
for his actions, causing James to waste over
three years of his life, sitting in a jail cell.
Sep 25, 2007 12:30 AM Modified: Sep 25, 2007 07:20 AM

By Titan Barksdale, Staff Writer
WILSON - James Johnson was released on bond today after more than three years
behind bars awaiting trial on charges that he took part in the killing of a Wilson girl.  
Johnson's trial, expected to start today, was delayed until a special prosecutor can
review it after his supporters mounted a campaign questioning the evidence against
him.

Johnson, who appeared to be choking back tears, did not comment as he left the
Wilson County Jail with his parents, who were unable to stifle their tears. They have
been working for years to get their son freed, and today were able to post bond after
a judge reduced the amount from $1 million to $60,000.

The family has scheduled a press conference for 5 p.m. today.

The state Attorney General's Office will assist in lining up a special prosecutor, a
spokeswoman said. The prosecutor, who could come from a district attorney's office
in another county, was not named today.

Assistant District Attorney William Wolfe and Johnson's attorney Rosemary Godwin
filed a joint motion Monday asking Smith to allow a special prosecutor to review the
case.

The murder of Willis three years ago galvanized Wilson, a town east of Raleigh. Just
days after her high school graduation, the popular honor student was carjacked
from a local shopping mall, raped and shot to death.

Another man, Kenneth Meeks, who was 16 at the time, has been convicted of rape
and murder and is serving a life sentence.

Meeks initially told police that Johnson was also involved in the killing, but later
recanted.
James Arthur Johnson walks out of jail on September 24, 2007 after being held
THREE YEARS without a trial.
Johnson credits faith in
overcoming ordeal

By Sarah Thuerk Daily Times Staff Writer

Barefoot and balancing a soccer ball on one
foot in his front yard, James A. Johnson
appears as though he could hold that
position for hours.

"I'm going to play soccer on Sunday with
some guys I used to play with," Johnson said
Friday. "It will be like a reunion. I'm trying to
do a lot of catching up."
It's been six weeks since Johnson, 21,
walked out of Wilson County Detention
Center after spending 39 months there.

He's not taking his newly acquired freedom
for granted, he says. And his family isn't
letting him forget that his legal battle is far
from over.

Johnson is charged with the kidnapping,
rape and murder of 17-year-old Hunt High
School graduate Brittany Willis in June 2004.
He was held at the jail without bond until
December 2006, when his bond was set at
$1 million.

The day Johnson's trial was supposed to
begin, Sept. 24, District Attorney Howard
Boney announced the case would be turned
over to outside prosecutors. Johnson's bond
was again lowered, to $60,000. By 5 p.m. that
day, he was home.

Since getting out, Johnson has put on a few
pounds, grown a slightly shaggy beard and
spends lots of time around the house. A
naturally quiet guy anyway, Johnson said
he's trying to keep a low profile.

Spending three years in jail offers a person
plenty of time to reflect on life, choices and
God, Johnson said. He learned a lot from
other inmates, and is trying to "pass some
wisdom" on to his 16-year-old brother to
keep him on a straight path, he said.

In jail, Johnson's daily activities included
waking up, eating, sleeping, reading, maybe
playing a game of cards. He considered
himself a spiritual person before landing in
jail, he said. Now, his connection with God is
even stronger.

"Being in there breaks you down mentally,"
Johnson said. "I'm still the same James I
was when I went in, but I went through a
spiritual journey. Of course I had doubts that
would sink in about what was going to
happen. But a lot of good came from the
situation. My connection with God is even
deeper."

Johnson will likely call on his spirituality to
see him to the end of his case, whatever the
result may be. It will be at least several
weeks before the case is resolved.

A prosecutor from Forsyth County, Belinda
Foster, has been called in to review
Johnson's case. Two more prosecutors still
must be selected, however, in case the
matter goes to trial. Forsyth County District
Attorney Tom Keith has said he can't afford to
have Foster gone for as long as a trial would
take.

Dick Ellis, public information officer for the
North Carolina Administrative Office of the
Courts, said Friday the AOC is still planning
to assign two more prosecutors to review
Johnson's case.

In the meantime, Johnson is trying to move
forward with his life. He has applied to Cape
Fear Community College in Wilmington with
plans to study business or communications.
His parents, Arthur and Beverly, have started
a foundation in their son's name for his
education and his case.

The James Johnson Scholarship Fund
would help pay for Johnson's first year of
school and his legal defense, Arthur
Johnson said. He would then like to see the
foundation continue for 20 or 30 years for
others who find themselves in the same
legal position as James Johnson, his father
said.

Arthur Johnson has been working with the
Wilson chapter of the National Association
for the Advancement of Colored People and
expects his son to volunteer on its youth
committee along with his older brother,
Anthony Barnes.

"Having James home has filled a void that
has been there and brought some closure to
it, but the fight isn't over," Arthur Johnson said.

James Johnson is frequently asked about
his case, he said, but he doesn't like to talk
about it. At a recent state NAACP conference
in Wilmington, however, he spoke to the
crowd about his case.

"I told them this was a tragedy and don't
nobody deserve that tragedy. No one," he
said. "I wish I could have done something to
prevent it, but I wasn't there."
DECEMBER 19, 2007 - Special Prosecutor drops murder
charges against James Arthur Johnson.  Also dropped
were kidnapping, rape, and robbery.  However, Johnson is
still being charged with "accessory after the fact" in the
murder of Brittany Willis in 2004.
Read the complete story
here.
Here is a story about hearing James Johnson attended
December 21, 2007, mainly as procedure to address the
charge of "accessory after the fact." A hearing for
"probable cause" is set for January 4, 2008.
Eagle Photo by Doug Domedion
The North Carolina NAACP organized a rally and march in
Wilson, N.C. Sunday, January 13, 2008, where over 450
marchers rallied for the full exoneration of James Johnson, a
young man who has already
served more than three years in
jail without trial for a crime he did not commit.
The murder
charges were dropped just before Christmas, but young
Johnson has been re-charged with the crime of accessory to
murder AFTER THE FACT
.

CLICK HERE to read the story of the rally, and to view the
video of news coverage about it by NBC News.
Just before Christmas 2007, Rev. Dr. William Barber, President of the North Carolina NAACP,  
released the following statement on the need to continue to advocate for justice for James Johnson. The
statement follows:

On December 19, this marvelous young man, James Johnson, was exonerated of murder, rape, and kidnapping
charges for which he should  never have been charged. Never should he have served more than 42 months --
more than three and a half years -- in jail without a trail for something he did not do.

This young man should have never been labeled, castigated, and vilified.  Instead he should have been honored
as a hero who chose to do the right thing.  James went to the authorities voluntarily.  He identified the killer.  He
broke the "no snitch rule" of the streets. He was not there when the crime occurred.  He had no knowledge that
there was going to be a crime. When he found out, after getting over the initial trauma, James did the right thing.
He and his father walked into the judicial system and helped solve the crime.

What members of this local system refused to accept, acknowledge, and admit in 42 months, a Special
Prosecution process, even with some criticism, was able to see clearly in less than two months. James is not
what he was made out to be, NOT what he was made to suffer for.

Why these false allegations, false charges, and this false incarceration were carried out, we may never know fully.
But we do know that far too often, rogue prosecutors misuse the system, and engage in injustice within what is
suppose to be a just system.

We have seen in this state a critical mass of these occurrences.

Far too often instead of being blind to nothing but the truth, some of those who run our judicial systems see
nothing but winning at all cost, nothing but wealth, privilege, and race. Now, today, we began a new fight for the full
exoneration of James Johnson on this new charge.

We believe, once the evidence and tactics of interrogation are reviewed, he will be found innocent.

It is interesting to me that Attorney Rose Mary Goodwin, James’s attorney who represented him in the murder,
kidnapping, and rape charges -- whom we thank -- she reported to us when she was contacted by Attorney Belinda
Foster regarding this new charge and the process for his bail, she, Goodwin reported to us that Ms. Foster said "I
have no interest in James spending another day in jail." She even recommended an unsecured bond.

Sometimes God works his righteousness in stages. Joseph in the Old Testament of the Bible was accused
wrongly by his brothers, accused wrongly by a ruler, but in the end he was totally exonerated. In the Christmas
story, first there was the prophet John the Baptist and then the fullness of Jesus Christ. While innocent people
should not have to suffer, they often do because the system finds it to hard to repent when it has been wrong. And
so, as people of faith and justice, we understand the process towards Justice requires us to keep fighting, not just
for James but our humanity and the heart and soul of who we ought to be if we want a just society.

James Johnson, this marvelous young man, the product of a committed, hard-working mother and father, a former
honor student and athlete on his way to college, should not have to spend another day in jail.

He has been the victim here. His constitutional rights have been violated; he should not even have to go through a
new charge or a new trail. He has already been wrongfully accused and wrongfully incarcerated. There is case
after case in NC even in the nation where persons were actual accomplices in murder but when they turned state’
s evidence, received no charges and served no time. Dropping the charges proves James' innocence of the most
vicious violations of the law. Proves he had no intention to violate the law. James as a teenager did not do wrong;
wrong was done to him by the system. And to further prosecute him is wrong. He’s not a murderer, kidnapper, or
rapist. He did not do it, had no part in it, and we believe the evidence and the proper interpretation will show this.

It is time for this nightmarish ordeal of wrongful incarceration and the wrongful pursuit of further victimizing James
to be over.

In light of James’ own integrity, truthfulness and willingness to do the right thing, we still believe all chargers
should be dropped. The young man who committed this gruesome crime has repeatedly said, to his credit, that he
should never have drug James into this, because James had nothing to do with the crime. "If I had not involved
him, he would have been graduating by now." We are committed to James’ full exoneration and to fight for it so he
can graduate to the next phase of his life and live in peace with his family and to pursue his dreams.

To that end, we of the NAACP are, first of all, calling for a review by the US Congress Judiciary Committee of
prosecutorial misconduct and how James’ constitutional rights have already been violated.

Second, the Crisis Magazine is releasing a national story on the injustices that have occurred here.

Third, James’ father and I will begin appearances on national radio shows on Christmas Eve to garner support for
James’ legal defense and to tell this story.

Fourth, yesterday every state conference of NAACP in the United States, from California to NC, from New
Hampshire to Florida, which represents more than 300,000 members were alerted of the dropped charges and
wrongful incarceration. They were advised of the new charge and were called to action, to support the full
exoneration of James Johnson.

Fifth, the NAACP's national communication director, who is from North Carolina, has launched an all out media
blitz regarding this case.

Sixth, college students have formed a Facebook group to call young people and other citizens of good will, black
and white, to support the full exoneration of James Johnson.

Seventh, the NAACP's national legal counsel, Ms. Angela Cicolo, contacted me last evening to celebrate the
dropped charges, and guaranteeing full and continuous support as we fight for full exoneration of James Johnson.
We will help James and his family get the very best legal representation.

We will not stop fighting for full freedom and the wrongful prosecution of an innocent young man so full of grace,
potential and positive possibilities.

Retired District Attorney W. David McFadyen says he won't let
the public's interest or opinion influence his decision on
whether to try  
James Arthur Johnson as accessory after the
fact.
On May 16, 2008, former attorney to James Johnson, Johnny Gaskins broke the
attorney-client privilege by speaking to the media about the ongoing case.  Apparently
he even bragged that BECAUSE of the attorney-client privilege he knew every detail of
the case.  The article may be located on the Internet at
http://www.ncwanted.com/ncwanted_home/story/2893214/

Doesn't an ATTORNEY have certain ETHICAL and MORAL values, and isn't
attorney-client privilege just that, CONFIDENTIAL and PRIVILEGED?  Johnny Gaskins
deserves to be disbarred over this public display of blabbing details of an ongoing
case.  If you would like to file a complaint against Mr. Gaskins with the North Carolina
State Bar, please
CLICK HERE for the form.  You do not have to be associated with the
case or attorney in any way to file a complaint.  Attorneys like the D.A William Wolfe
and this Public Defender do not deserve to remain practicing law.  Information you
need to complete the form:  Johnny Gaskins, 2 Hannover Sq. Suite 2350, Raleigh, NC
27601 - Wake County
FEBRUARY 16, 2009...JAMES JOHNSON GETS "PRAYER FOR JUDGEMENT" INSTEAD OF GOING TO TRIAL...
July 8,  2008 - JAMES ARTHUR JOHNSON himself has filed a complaint with the NC
State Bar about his former attorney, Johnny Gaskins' behavior in talking about the
ongoing case, violating attorney-client privilege.  
CLICK HERE to read the story in NC
WANTED.
NC Legislative Black Caucus Backs Resolution on James Johnson

July 16, 2008  - The North Carolina Legislative Black Caucus passed the following resolution protesting the
continuing prosecution of a young Wilson man, James Johnson, by the State of North Carolina. “James
Johnson, his family, the NAACP, and the social justice family in North Carolina, all join the Legislative Black
Caucus in sending our deepest sympathies to the family of Brittany Willis,” said Rev. William J. Barber,
President of the N.C. State Conference of the NAACP. “We also stand for truth. James Johnson is innocent
of any involvement in the kidnapping and murder. His courageous act of identifying the murderer to the
police is what all parents would want their sons to do. We thank the Legislative Black Caucus and its leader,
Dr. Alma Adams of Greensboro, for taking the unusual step of speaking out about a case while it is still
pending,” Rev. Barber said. “These veteran political leaders know the legal/political dynamics that develop
in these racially-charged cases and have helped enlighten us all with their resolution, particularly this
statement.”

You may read an article about this resolution in
The NewsObserver.   Here is a copy of the complete
resolution:

RESOLUTION ON JAMES JOHNSON
July 2008 - While it is good that the resolution is endorsed by the North Carolina
Legislative Black Caucus, it should be endorsed by the WHOLE North Carolina
Legislature, not only the Black Caucus.  Please use the following links to contact
various members of the NC State Legislature and see if they will back a resolution
also.  This is an issue that all people should care about resolving...not only
people who are black.  It's not a "black" or "white" issue, it's a right or wrong
issue!  
CLICK HERE for NC House Representatives, and HERE for NC Senate.
November 20, 2008 - Johnson jury will not come from Wake County

By Gina Childress Daily Times Staff Writer


The jury that will decide the fate of James A. Johnson will not be selected in Wake County after all.

Resident Superior Court Judge Milton F. Fitch Jr. told attorneys in the case today that the Trial Court Administrator for the 7th Judicial District, Bill Nicholls,
contacted the trial court administrator in Wake County, only to be told that their courthouse was being renovated and that facilities would not be available for
jury selection.

Fitch met with special prosecutor, David W. McFadyen, and defense attorneys Irving Joyner and William F.W. Massengale, in Wilson County Superior Court to
discuss the logistics of selecting a jury.

Johnson was indicted by a Wilson County grand jury Jan. 4, as an accessory after the fact of first-degree murder in the rape, kidnapping and murder of
17-year-old Willis. Johnson stands accused of helping Kenneth Meeks clean Willis' SUV after the murder.

Meeks pleaded guilty in 2006 to second-degree murder and is now serving a life sentence without the possibility of parole.

Monday, Johnson appeared in court with his attorneys and pleaded not guilty to accessory after the fact of first-degree murder. Joyner also filed several
motions, one of which was to request a change of venue. During that hearing, Fitch denied the request to move the trial, stating that he believed it should take
place in Wilson. He did rule, though, that the jury should be picked from another county and brought to Wilson.

Fitch told both sides that he was open to suggestions.

While the state and the defense began discussing alternate counties to obtain a jury, Fitch made his feelings clear about a resolution of the case.

"It is this Court's intent that this matter get resolved in a timely manner," Fitch said. "From what I can see this matter has been pending for a long time and all
parties involved deserve for it to come to a conclusion. I will do whatever is necessary to have this matter move forward."

Other places that are being considered for jury selection are Orange, Durham and Pitt Counties.
James Arthur Johnson served almost 3 and a half years in jail without a trial, held for a murder he did not commit.  In fact he TURNED the
murderer in to police!  He FINALLY was allowed out of jail on a reasonable bail a year and a half ago, but still the prosecutors in North
Carolina are holding the "accessory after the fact" charge over his head, and not allowing him to be a free man.  It is coming up on FIVE
YEARS years since the murder of Brittany Willis took place, June 28, 2004.  Her killer is serving a life sentence for her death.  James
Johnson, as well as Brittany's family need whatever closure they can get.  Please continue to email, call, and send letters to the contacts listed
to the left, and let the state of North Carolina and the rest of the country know this type of "runaway prosecution" will not be tolerated.  This
is not giving Johnson a "right to a speedy trial" by any means, and it is not bringing an end to this horrible case
.
February 5, 2009 - Update - Jury selection will begin Monday, February 9, in the case of James Arthur Johnson, accused now as "accessory after the fact" in
the murder of Brittany Willis in 2004.  Johnson's trial date is set to begin on February 16, 2009.  Public support for this case is very important, as Johnson
was jailed for THREE YEARS without a trial before the public brought it to the attention of various advocacy groups.  His bail was reduced and he was finally
released from jail on September 24, 2007.  Murder charges were dropped by a Special Prosecutor on December 19, 2007, but Johnson was still charged with
"accessory after the fact" by a Grand Jury on January 14, 2008.  Johnson faces that charge as he goes to trial now.    This case is further complicated by the
fact that Johnson's former attorney, Johnny Gaskins violated the attorney-client privilege in May of 2008 by speaking to the press about this ongoing case.  
Numerous complaints have been filed against Gaskins with the North Carolina State Bar, by Johnson and various other people and organizations, including
AmericaIsWatching.org.

It is time that these charges be dropped and Johnson's name be cleared in this murder.  It is time for closure on the part of Johnson and his family and the
Willis family.  Nothing good will come of this trial, as its publicity will expose just how dysfunctional the North Carolina justice system is.  Please use the
contact information at the left and  let elected officials know charges should be dropped so that everyone involved can go on with their lives.  It has lasted
long enough.
Johnson gets PJC for acts after teen's death
Staff Reports
Published: Mon, Feb. 16, 2009 11:14AM
Modified Mon, Feb. 16, 2009 04:20PM

WILSON -- A man who long contended he was innocent in the 2004 murder and rape of a Wilson teenager pleaded guilty today to a related charge and was given a prayer for
judgment continued.

James Johnson pleaded guilty this morning to misprision of felony during what was to be the start of his trial on a charge of helping to cover up the death of Brittany Willis, 17.

Johnson, 22, entered an "Alford plea," meaning that he acknowledged the evidence was sufficient to convict him and that he considered a guilty plea to be in his best interest,
though he did not admit that he was actually guilty. Wilson Superior Court Judge Milton F. Fitch Jr. said that Johnson was "overcharged" when he originally was accused of murder
and rape in Willis' death. He said it was clear that Johnson became involved in the case only after Willis was killed.

But he said that the law prohibited him from giving Johnson credit for the 39 months he spent in jail awaiting trial on those charges before they were dismissed. Instead, Fitch
pronounced prayer for judgment continued, meaning that the no final judgment was entered.

"A prayer for judgment, while not a final determination, is a scarlet letter that will hang over him forever and a day," Fitch said. "PJC is not appealable nor is it expungible."

Fitch also referred to the polarization that the case caused in the small eastern North Carolina city. Johnson's supporters had accused the Wilson District Attorney's Office of racism
for pursuing the charges against Johnson.

"I hope that the wrongs that were done in this particular matter should be a lesson to us all that before the final clock strikes we should not jump to prejudge," Fitch said.

"To the Willis family again, I'm sorry. Nothing I can say will replace your loss. To the Johnson family, the best of luck."

The rarely prosecuted charge of misprision of felony applies when a person conceals and fails to report a crime.

Another man, Kenneth Meeks, was convicted of murdering Willis. Meeks told investigators that Johnson participated in the crimes.

After the dismissal of the murder charge against Johnson, a special prosecutor charged him with accessory after the fact of murder. The charge was based on Johnson's statement
that he cleaned his fingerprints from Willis' SUV. Johnson had said that Meeks picked him up after the slaying and that he helped clean the vehicle because he feared Meeks.

Leaders of the NAACP's North Carolina Conference, who supported Johnson, plan a news conference and prayer service Wednesday in Durham.
FEBRUARY 16, 2009 - IT'S FINALLY OVER!  CASE SETTLED IN JAMES ARTHUR
JOHNSON'S CASE AS HE GETS "PRAYER FOR JUDGEMENT." THE
MURDERER IS BEHIND BARS...AND NOW JAMES...HIS FAMILY...AND THE
WILLIS FAMILY CAN FINALLY PUT AN END TO THIS HORRIBLE CASE.
NOTE: James "entered an Alford Plea" which is the equivalent of not pleading guilty or innocent with the charges pending indefinitely.
Many are confused and take that as he "plead guilty" which wasn't the case.  Another interesting fact is that he entered the Alford
Plea for "attempted misprison of a felony" and is the first in NC to ever be charged with this since English common law days.