Robert T. Johnson (lawyer)

Robert Thomas Johnson (born 1948) is a Justice of the New York State Supreme Court in the county of the Bronx. He was previously a New York City Criminal Court judge, an acting justice of the New York State Supreme Court, and a long-time Bronx County District Attorney in New York City.[2]

Robert T. Johnson
Justice of the New York Supreme Court
Incumbent
Assumed office January 1, 2016
Bronx County District Attorney
In office January 1, 1989[1] – December 31, 2015
Preceded by	Paul Gentile
Succeeded by	Darcel Clark
Personal details
Born	Robert Thomas Johnson 1948 (age 72–73) The Bronx, New York City United States
Nationality	American
Political party	Democratic
Alma mater	City College of New York (B.A.) New York University School of Law (J.D.)
Occupation	Lawyer
Military service
Branch/service	U.S. Navy

Early life

Johnson was born in the Bronx, and grew up in the Amsterdam Houses, a housing project on the Upper West Side of Manhattan.[3] He went to James Monroe High School,[3] then enlisted in the United States Navy in 1968, and went on to graduate from the City College of New York with a bachelor's degree in philosophy.[4] In 1975, he graduated from the New York University School of Law.[3]

Career

Upon graduating from law school, Johnson went to work as a defense attorney for the Legal Aid Society.[1] In 1978, he became a prosecutor for the Bronx County District Attorney's office, eventually rising to the rank of Narcotics Bureau chief.[3]

Johnson was appointed a New York City Criminal Court judge in 1986 by Mayor Edward Koch. He later served as an Acting New York Supreme Court Justice.[1][3]

Bronx County District Attorney

In 1988, Johnson ran for the office of Bronx County District Attorney, and won the Democratic primary election in September, which virtually guaranteed him of winning the general election in November.[3] He was elected without opposition, as no Republican candidate had even filed to run in the race, making him the first African-American to be elected to the position of District Attorney in New York State.[5][6] He was re-elected six times, often without opposition.[7]

In 2005, he became the longest-serving Bronx County District Attorney.[1]

Johnson was criticized at times for his performance as district attorney, with judges specifically criticizing his management and policies, noting that his office had a high rate of cases which it declined to prosecute.[7] At the end of his tenure, Bronx prosecutors were winning jury trials less than half the time, a rate significantly lower than any other borough in New York City,[7] and had a high percentage of dismissed cases and a persistent crippling backlog that affected both defendants and crime victims.[8]

Notable Cases

Reversal of the conviction of Franklin Beauchamp by the New York Court of Appeals, a former teacher at a day-care center found guilty of nine counts rape and sodomy charges for sexually abusing three children, after the District Attorney's Office improperly drafted the indictment.[9]

Acquittal of Larry Davis, who was accused of shooting six New York City police officers.[10]

Acquittal of Anthony Rivers, who was accusedof killing Police Officer Vincent Guidice in the line of duty.[11]

Acquittal of then New York City Police Officer Francis Livoti, who was charged with the murder of Anthony Baez after Officer Livoti placed Mr. Baez in a choke hold because an errant football struck a police vehicle.[12]

Acquittal of Amir Tawfiyq Abdullah Aziz who was charged with attempted murder for the shooting of New York City Police Cpatain Timothy Galvin.[13]

Acquittals of fifteen police officers from the 48th precinct accused of beating Oliver Jones.[14]

Acquittal of Police Officer Michael Meyer on charges of attempted murder who was accused of shooting Antoine Reed, a "squeegee man" who soaped up the windshield of the officer's car while it was stopped on an exit ramp of the Major Deegan Expressway.[15]

Acquittal of convicted felon Rafael Then, accused of running over a police officer and breaking her leg with a stolen car.[16]

Acquittals of the four New York City police officers who shot and killed unarmed African immigrant Amadou Diallo.[17]

After an indictment charging New York City Police Officer Richard Haste with the murder of Ramarley Graham for shooting and killing the unarmed teenager inside his own home was dismissed due to improper legal instructions provided by the District Attorney's Office, a second grand jury failed to bring charges against Officer Haste.[18]

Acquittal of Ophadell Williams, the bus driver accused of killing fifteen of his passengers after allegedly falling asleep, causing the bus he was driving to flip over and rip open.[19]

The wrongful conviction and imprisonment of Edwar Garry on murder charges for which he was later exonerated.[20]

The wrongful conviction of Calvin Bauri, who was sentenced to a fifty-year-to-life sentence for a double murder, and was kept imprisoned even after two witnesses signed affidavits that they lied at trial and another witness admitted to being the actual murderer.[21]

The wrongful conviction of Huwe Burton, a sixteen year-old imprisoned for nineteen years after being forced to falsely confess to the murderof his mother.[22]

The wrongful convictions of five individuals charged with murdering taxi driver Baithe Diop in 1995.[23]

The dismissal of charges against Kalief Browder, an innocent teenager wrongfully jailed for three years and kept in solitary confinement and beaten by prison guards, even after the lone witness to the alleged theft of a backpack left the United States and rendered the District Attorney's Office unable to bring the case to trial.[24] Kalief Broder subsequently committed suicide.[25]

Dispute over the death penalty with New York Governor Pataki

On March 14, 1996, New York City police officer Kevin Gillespie was shot to death in the Bronx, and three men were immediately arrested in his killing. Ex-convict Angel Diaz was named as the gunman. The next day, Republican Governor George Pataki was publicly pressuring Johnson, an opponent of the death penalty, to seek it against Diaz, and threatening to take the case away from Johnson if he refused to do so.[26] Johnson wrote in a letter to Pataki that he wanted the 120 days allotted under New York State law to decide whether or not to seek the death penalty, and threatened to take Pataki to court if he tried to remove him from the case.[27] The following day, Pataki followed through on his threat and removed Johnson from the case, assigning it to Dennis Vacco, the New York State Attorney General.[28] In response, Johnson sued Pataki for jurisdiction over the case.[29]

Several weeks later, Vacco announced that he intended to pursue the death penalty,[30] and the following day New York State Supreme Court Justice Howard Silver upheld Pataki's decision to remove Johnson from the case as within his authority.[31]

In September 1996, Diaz hung himself in his jail cell,[32] ending the practical aspects of the dispute. The two men arrested with Diaz, Ricardo Morales and Jesus Mendez, were eventually convicted of several charges including second degree murder in May 1997 and sentenced to mandatory life in prison,[33] and on appeal, the New York Court of Appeals upheld Pataki's removal of Johnson as constitutional in December 1997.[34]

Exit from the Bronx County District Attorney's office

As early as 2013, there were reports of an arrangement for Johnson to resign as Bronx County District Attorney in return for a seat as a New York State Supreme Court Justice in the Bronx. The plan was reportedly coordinated by New York State Assemblyman Carl Heastie, who held vast influence over Democratic Party nominations in his capacity as the party's county chairman.[7] Johnson's office's failure to file paperwork allowed Heastie to make over $200,000 from the sale of a home Heastie's mother bought with funds she stole from South East Bronx Neighborhood Center’s Quality Vending Services, a not-for-profit where she worked.[35]

Nevertheless, Johnson ran for re-election in 2015 for another term as Bronx County District Attorney, and faced no opposition in the primary elections on September 10, which he won be default. Exactly one week later, on September 17, Johnson announced that he wanted to become a state judge. The announcement was met with severe and swift criticism by good government advocates, who said it was a transparent scheme engineered by Johnson and Democratic party power brokers to make sure the party could get the replacement district attorney of their own choice, not that of the voters.[36][37] After receiving the judicial nomination by the Bronx Democratic Party the following week,[38] Johnson then announced his resignation from his district attorney position. Under New York State Law, since the primary election had already taken place, the county parties named Johnson's replacements on the ballot, bypassing the voters.[39] The replacement on the Democratic line was Darcel Clark, and in the heavily Democratic Bronx, she won the District Attorney's office by a landslide in the general election.[40] By participating in this arrangement, Johnson received $300,000 in pension and salary.[41]

New York Supreme Court Justice

Johnson's term on the Supreme Court ends in 2030.[42] However, under New York law he will have to retire no later than December 31, 2018, at the end of the calendar year during which he will reach the age of 70. He will then be eligible to continue in office on senior status, without having to be re-elected, for three two-year periods.

Personal life

Johnson previously lived in Fordham Heights. In 1994 he moved to the former house of Mario Procaccino, a candidate for Mayor of New York City, that was located in an area of the Bronx between the Westchester county town of Pelham and Pelham Bay Park known as Bronx Manor. While Procaccino faced criticism for living in that area during his mayoral campaign, according to Jane Gross of The New York Times, Johnson did not face controversy for moving there since he had only token opposition during his next election campaign for district attorney.[43]

References

1. "District Attorney's Biography". Bronx District Attorney's Office. Archived from the original on October 8, 2013. Retrieved August 27, 2015.
2. "Judicial Directory - Judge of the Trial Courts". nycourts.gov. New York Unified Court System. Retrieved 24 April 2016.
3. Verhovek, Sam Howe (September 17, 1988). "Men In The News: Robert Thomas Johnson; 'Devastating Adversary'". New York Times. Retrieved August 27, 2015.
4. "Bronx D.A. Robert Johnson: A Lifetime of Service". Lehman College. November 26, 2008. Retrieved August 27, 2015.
5. Lynn, Frank (November 6, 1988). "New Yorkers Face a Busy Election Day". New York Times. Retrieved August 27, 2015.
6. "Congress and statehouses: politics around the nation". Christian Science Monitor. November 10, 1988. Retrieved August 27, 2015.
7. Rivera, Ray; Rashbaum, William K. (April 27, 2013). "Democrats Said to Discuss Plan for Bronx District Attorney to Resign". New York Times. p. A15. Retrieved 26 April 2016.
8. Hu, Winnie; McKinley Jr., James C. (September 28, 2015). "Giving Up the Bench in Hopes of Bringing Justice to the Bronx". New York Times. p. A20. Retrieved 26 April 2016.
9. Hevesi, Dennis (1989-05-10). "Court Overturns Conviction In Day-Care Sex Scandal". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
10. Blair, William G. (1988-11-21). "Jury in Bronx Acquits Larry Davis In Shooting of Six Police Officers". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
11. Herszenhorn, David M. (1997-05-10). "Bronx Man Is Acquitted In Death of Police Officer". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
12. "Judge Clears 'Confrontational' Cop in Custody Death". AP NEWS. Retrieved 2020-06-19.
13. Cooper, Michael (1999-10-29). "Jurors Acquit Bronx Man In Shooting of Police Officer". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
14. Alvarez, Lizette (1997-04-13). "Cases Crumble In Prosecution Of Officers". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
15. Blair, Jayson (1999-07-10). "Acquitted Officer May Face New Charges". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
16. TOOR, MARK. "Acquitted in Bronx Of Running Down Officer, Felon Guilty in Queens". The Chief. Retrieved 2020-06-19.
17. Fritsch, Jane (2000-02-26). "The Diallo Verdict: The Overview; 4 Officers in Diallo Shooting Are Acquitted of All Charges". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
18. "Grand Jury Votes Not to Indict Cop Who Shot Ramarley Graham - Wakefield - DNAinfo.com New York". 2015-05-29. Archived from the original on 2015-05-29. Retrieved 2020-06-19.
19. Hu, Winnie; Schweber, Nate (2012-12-07). "Bus Driver Found Not Guilty of Manslaughter in I-95 Crash". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
20. Clifford, Stephanie. "After Decades in Prison, Edward Garry Is Finally Cleared of a Murder He Didn't Commit". The New Yorker. Retrieved 2020-06-19.
21. "New York man cleared of double homicide after 22 years in prison". www.cbsnews.com. Retrieved 2020-06-22.
22. Ransom, Jan (2019-01-24). "He Spent 19 Years in Prison for Murder. Now Prosecutors Say His Confession Was Coerced". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
23. Weiser, Benjamin; Rashbaum, William K. (2012-08-02). "5 Jailed in '95 Killing of Cabby Didn't Do It, U.S. Inquiry Says". The New York Times. ISSN 0362-4331. Retrieved 2020-06-19.
24. abc7NY. "The Investigators: Teen spends 3 years in jail and robbery charges dropped | ABC7 New York | abc7ny.com". ABC7 New York. Retrieved 2020-06-19.
25. Ford, Dana. "Kalief Browder commits suicide". CNN. Retrieved 2020-06-19.
26. Krauss, Clifford (March 16, 1996). "Shootout in the Bronx: The Overview – 3 Men Held in Killing of Officer, Bringing Calls for Death Penalty". New York Times. Retrieved 26 April 2016.
27. Swarns, Rachel L. (March 21, 1996). "Prosecutor Resists Pataki Pressure on Death Penalty". New York Times. Retrieved 26 April 2016.
28. Swarns, Rachel L. (March 22, 1996). "A Killing in the Bronx: The Overview – Governor Removes Bronx Prosecutor From Murder Case". New York Times. Retrieved 26 April 2016.
29. LoLordo, Ann (March 25, 1996). "Prosecutor sticks to his convictions Death penalty: Bronx District Attorney Robert T. Johnson opposes the death penalty and has declined to seek it in capital crimes, leading to a showdown with New York Gov. George E. Pataki". Baltimore Sun. Retrieved August 27, 2015.
30. Dao, James (July 9, 1996). "Vacco Seeks Death Penalty In Police Officer's Shooting". New York Times. Retrieved 26 April 2016.
31. Nossiter, Adam (July 11, 1996). "Court Upholds Removal Of Prosecutor From Case". New York Times. Retrieved August 27, 2015.
32. Swarns, Rachel L. (September 6, 1996). "Man Held in Police Death Is Found Hanged in Jail". New York Times. Retrieved 26 April 2016.
33. "2 Guilty in Murder of Bronx Policeman". New York Times. May 2, 1997. Retrieved 26 April 2016.
34. "Matter of Johnson v. Pataki". Justia US Law. Retrieved August 27, 2015.
35. Campanile, Carl (2015-04-21). "'Bungles' allowed Carl Heastie to make $200K off mom's crime". New York Post. Retrieved 2017-05-21.
36. Mueller, Benjamin (September 19, 2015). "Robert Johnson, Bronx District Attorney, Says He Wants to Become a State Judge". New York Times. p. A15. Retrieved 26 April 2016.
37. Randolph, Eleanor (September 21, 2015). "Let the Voters Decide? Nah, Not in the Bronx". New York Times. Retrieved 26 April 2016.
38. McKinley, James C. Jr. (September 25, 2015). "Bronx District Attorney and Judge May Trade Roles". New York Times. p. A28. Retrieved 26 April 2016.
39. Pastor, Kate (October 2, 2015). "Bronx District Attorney Candidate Defends Her Nomination by Democratic Leaders". New York Times. p. A24. Retrieved 26 April 2016.
40. "Statement and Return Report for Certification - General Election 2015 - Bronx County - All Parties and Independent Bodies District Attorney - Bronx" (PDF). vote.nyc.ny.us. Board of Elections in the City of New York. Retrieved 26 April 2016.
41. Conley, Kirstan (2015-10-10). "Outgoing Bronx DA to score $300K in judge salary, pension". New York Post. Retrieved 2017-05-21.
42. "Robert T. Johnson on Ballotpedia". ballotpedia.org. Ballotpedia - The Encyclopedia of American Politics.
43. Gross, Jane (1997-05-06). "A Tiny Strip of New York That Feels Like the Suburbs". New York Times. Retrieved June 28, 2016. (Archive)