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| Wrongly convicted Ohio man, 81, says death row was 'hell on earth' | Wrongly convicted Ohio man, 81, says death row was 'hell on earth' |
| (14 days later) | |
| Dale Johnston was sent to death row in 1984 for a double homicide he didn’t commit. He’s spent the years since his 1990 release trying to get back the life he lost. | Dale Johnston was sent to death row in 1984 for a double homicide he didn’t commit. He’s spent the years since his 1990 release trying to get back the life he lost. |
| The Ohio supreme court heard arguments Wednesday in Johnston’s latest attempt to win a wrongful imprisonment suit against the state. | The Ohio supreme court heard arguments Wednesday in Johnston’s latest attempt to win a wrongful imprisonment suit against the state. |
| Now 81, Johnston described his years under a death sentence as “hell on earth”. | Now 81, Johnston described his years under a death sentence as “hell on earth”. |
| “Death row’s the most horrible place anybody could be,” he said in a recent interview at his home in Grove City in suburban Columbus. “Especially when you know they’re wanting to kill you for something you didn’t do.” | “Death row’s the most horrible place anybody could be,” he said in a recent interview at his home in Grove City in suburban Columbus. “Especially when you know they’re wanting to kill you for something you didn’t do.” |
| The case dates to 1982, after parts of the dismembered bodies of his stepdaughter, Annette Cooper Johnston, and her boyfriend, Todd Schultz, were discovered in a cornfield a few days after they went missing. | The case dates to 1982, after parts of the dismembered bodies of his stepdaughter, Annette Cooper Johnston, and her boyfriend, Todd Schultz, were discovered in a cornfield a few days after they went missing. |
| Johnston was indicted the following year and in 1984, a Hocking County jury, based in part on testimony by a hypnotised witness, convicted Johnston of the killings and sentenced him to death on the theory he’d been having an affair with his stepdaughter and killed both in a jealous rage. | Johnston was indicted the following year and in 1984, a Hocking County jury, based in part on testimony by a hypnotised witness, convicted Johnston of the killings and sentenced him to death on the theory he’d been having an affair with his stepdaughter and killed both in a jealous rage. |
| An appeals court overturned the conviction and ordered a new trial, but a judge refused to allow the hypnotised witness’ testimony and other evidence and the case was dismissed. | An appeals court overturned the conviction and ordered a new trial, but a judge refused to allow the hypnotised witness’ testimony and other evidence and the case was dismissed. |
| In 2008, two men confessed to the crime, with one saying he killed the couple and the other that he helped dispose of the bodies. | In 2008, two men confessed to the crime, with one saying he killed the couple and the other that he helped dispose of the bodies. |
| Three years ago, a Franklin County judge declared Johnston innocent, allowing him to seek compensation from the state, but an appeals court reversed the ruling. Arguing a series of technicalities, the state says because Johnston failed in an earlier attempt to prove wrongful imprisonment, he isn’t eligible to try again. | Three years ago, a Franklin County judge declared Johnston innocent, allowing him to seek compensation from the state, but an appeals court reversed the ruling. Arguing a series of technicalities, the state says because Johnston failed in an earlier attempt to prove wrongful imprisonment, he isn’t eligible to try again. |
| “Johnston already unsuccessfully brought a wrongful imprisonment action arising out of his criminal convictions,” Debra Gorrell, an assistant attorney general, argued in a court filing last year. “This case seeks a do-over.” | “Johnston already unsuccessfully brought a wrongful imprisonment action arising out of his criminal convictions,” Debra Gorrell, an assistant attorney general, argued in a court filing last year. “This case seeks a do-over.” |
| Johnston’s attorney said with the real killer in prison, the state’s arguments help perpetuate a “monstrous inequity.” | Johnston’s attorney said with the real killer in prison, the state’s arguments help perpetuate a “monstrous inequity.” |
| Finding that Johnston was wrongfully imprisoned “is necessary to preserve the reputation for justice that the Ohio courts have elsewhere earned,” attorney Todd Long said in a 2014 court filing. | Finding that Johnston was wrongfully imprisoned “is necessary to preserve the reputation for justice that the Ohio courts have elsewhere earned,” attorney Todd Long said in a 2014 court filing. |
| Some justices seemed skeptical of the state’s efforts to fight Johnston, given the judge’s 2012 ruling in his favor. | Some justices seemed skeptical of the state’s efforts to fight Johnston, given the judge’s 2012 ruling in his favor. |
| “Why didn’t the state just suck it up and say look, ‘The prosecution of this thing was dead wrong, the investigation of it was wrong, it was a mess, it was a miscarriage of justice for Mr. Johnston’?” said Justice Paul Pfeifer. | “Why didn’t the state just suck it up and say look, ‘The prosecution of this thing was dead wrong, the investigation of it was wrong, it was a mess, it was a miscarriage of justice for Mr. Johnston’?” said Justice Paul Pfeifer. |
| Stephen Carney, Ohio deputy solicitor, emphasized the state’s position that the 2003 law under which Johnston sued doesn’t apply to cases before it took effect. | Stephen Carney, Ohio deputy solicitor, emphasized the state’s position that the 2003 law under which Johnston sued doesn’t apply to cases before it took effect. |
| Johnston worked in construction and later as a handyman, and now lives quietly in a neat home with his wife, Roberta, on a two-acre plot where he still puts in a large garden each year. | Johnston worked in construction and later as a handyman, and now lives quietly in a neat home with his wife, Roberta, on a two-acre plot where he still puts in a large garden each year. |
| Ohio courts have awarded hundreds of thousands of dollars in the past in similar cases. | Ohio courts have awarded hundreds of thousands of dollars in the past in similar cases. |
| “If I am able to get everything that the state says I’m allowed to have, that’s still an insult when you figure what I lost,” Johnston said. | “If I am able to get everything that the state says I’m allowed to have, that’s still an insult when you figure what I lost,” Johnston said. |