The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
JOHNSON, Emanuel (B/M)
DOB: 09/18/63
Twelfth Judicial Circuit, Sarasota County Case, Case # 88-3199
Sentencing Judge, Trial: The Honorable Andrew Owens
Attorney, Trial: Tobey Hockett – Assistant Public Defender
Attorneys, Direct Appeal: Stephen Krosschell & Robert F. Moeller – Assistant Public
Defenders
Attorney, Collateral Appeals: Mark Gruber & David Hendry – CCRC-M
Date of Offense: 10/04/88
Date of Sentence: 06/28/91
Circumstances of Offense:
The police discovered the body of 73-year-old Iris White on October 4, 1988. The victim was found undressed from the waist down. She was stabbed 24 times and the back of her head showed evidence of blunt trauma. The fatal stab wounds penetrated her heart and lungs. There were also non-fatal wounds near the genital area. White’s body displayed evidence of defensive wounds.
At the crime scene, police discovered an open living room window and a screen that had been cut open. Emanuel Johnson’s fingerprints were found on that windowsill. Two pubic hairs were recovered from the scene. These pubic hairs bore the same characteristics as Johnson’s under a microscope, but an expert testified that a perfect match was not possible to obtain. Several years prior to the murder, Johnson had been hired by White to work on her yard.
Johnson was interrogated on October 12, 1988. During this session, the police obtained a taped confession. In this confession, Johnson said that he went to White’s house to discuss lawn maintenance. When White opened the door, Johnson seized her and strangled her until she was unconscious. Johnson then stabbed White numerous times. Johnson left the residence through the front door, locking himself out in the process. He realized once he was locked out that he had neglected to steal White’s wallet. Approximately 20 minutes elapsed before he cut the screen and entered the house through the living room window. Johnson stated that he discarded the wallet in a specific area. A road surveyor stumbled upon the wallet at same location that Johnson said he left it.
Trial Summary:
11/04/88 Indicted with the following:
Count I: First-Degree Murder
05/24/91 Defendant was found guilty of First-Degree Murder
05/30/91 The jury recommended Death by a vote of 8-4
06/28/91 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
**Note – defendant was also charged and convicted of Armed Burglary and sentenced to
life in prison (Case # 88-3198)
Additional Information:
The defendant was also indicted on 11/04/88 for the First-Degree Murder and Armed Burglary of Jackie McCahon. On 06/28/91, the defendant was sentenced to Death and Life in prison, respectively, for his crimes.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
Case No. |
Prison Sentence |
|
01/17/1988 |
1st Deg Murder (Attempted) |
06/28/1991 |
88-3202 |
Life sentence |
|
01/17/1988 |
Armed Burglary |
06/28/1991 |
88-3202 |
Life sentence |
|
01/17/1988 |
Robbery w/ a Deadly Weapon |
06/28/1991 |
88-3202 |
Life sentence |
|
05/28/1988 |
Burglary |
06/28/1991 |
88-3246 |
15Y 0M 0D |
|
05/28/1988 |
Robbery with a Deadly Weapon |
06/28/1991 |
88-3246 |
15Y 0M 0D |
Appeal Summary:
Florida Supreme Court, Direct Appeal
FSC# 78,336
660 So. 2d 637
07/29/91 Appeal filed
07/13/95 Conviction and sentence of Death affirmed
09/22/95 Rehearing denied
10/23/95 Mandate issued
United States Supreme Court, Petition for Writ for Certiorari
USSC# 95-7969
517 U.S. 1159
02/21/96 Petition filed
04/22/96 Petition denied
State Circuit Court, 3.850 Motion
CC# 88-3199
(pending)
03/24/97 Motion filed.
09/15/03 Motion amended.
12/23/03 Motion amended.
Factors Contributing to the Delay in Execution of Sentence:
The Direct Appeal took four years from the date of filing for a decision to be rendered and the 3.850 Motion has been pending since 1997.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court on 07/29/91. Issues that were raised included whether the defendant’s confession was involuntary and whether the trial court erred in allowing the confession to be admitted as evidence. The Florida Supreme Court found all of the claims either harmless or without error and affirmed the conviction and sentence of Death on 07/13/95.
A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 02/21/96 and was denied on 04/22/96.
A 3.850 Motion was filed with the State Circuit Court on 03/24/97 and was amended on 09/15/03 and 12/23/03. The Motion is currently pending.
The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
JOHNSON, Emanuel (B/M)
DOB: 09/18/63
Twelfth Judicial Circuit, Sarasota County, Case # 88-3200
Sentencing Judge, Trial: The Honorable Andrew Owens
Attorney, Trial: Tobey Hockett – Assistant Public Defender
Attorneys, Direct Appeal: Stephen Krosschell & Robert F. Moeller – Assistant Public
Defenders
Attorney, Collateral Appeals: Mark Gruber & David Hendry – CCRC-M
Date of Offense: 09/22/88
Date of Sentence: 06/28/91
Circumstances of Offense:
Sarasota police found the victim, Jackie McCahon, lying on the sidewalk in front of her residence on September 22, 1988. McCahon had been stabbed 19 times. Twelve of the stab wounds independently could have been the cause of death. A part of the knife blade had broken off and was lodged in the victim’s body. An expert on blood spatter evidence surmised that McCahon was attacked either in her doorway or while she was inside the bathroom.
The police began looking at several suspects, but focused their attention on Emanuel Johnson, who was one of the victim’s tenants. At the first questioning, Johnson asserted that when he heard police cars, he went to see what the disturbance was, but that he had no knowledge that McCahon was the victim until he was told the next day.
Johnson later confessed to the murder after a lengthy police interrogation. Johnson stated that he went to McCahon’s residence to use her telephone under the false pretense that his wife was in labor. McCahon was aware of the pregnancy and allowed Johnson to enter her home. Once inside, Johnson choked the victim until she was only partly conscious. Johnson grabbed a knife and stabbed the victim several times before cutting the phone cord. Johnson stole 20 dollars that he found before leaving the scene. After Johnson returned to his apartment across the street, he saw McCahon stumble out of her home and down to the sidewalk. Johnson obtained a knife from his own apartment and stabbed the victim repeatedly. Police discovered the broken handle of a knife in the location where Johnson confessed to discarding it. The knife handle was a match to the broken blade found in the victim’s body.
Additional Information:
The defendant was also indicted on 11/04/88 for the First-Degree Murder and Armed Burglary of Iris White. On 06/28/91, the defendant was sentenced to Death and life in prison, respectively, for his crimes.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
Case No. |
Prison Sentence |
|
01/17/1988 |
1st Deg Murder (Attempted) |
06/28/1991 |
88-3202 |
Life sentence |
|
01/17/1988 |
Armed Burglary |
06/28/1991 |
88-3202 |
Life sentence |
|
01/17/1988 |
Robbery w/ a Deadly Weapon |
06/28/1991 |
88-3202 |
Life sentence |
|
05/28/1988 |
Burglary |
06/28/1991 |
88-3246 |
15Y 0M 0D |
|
05/28/1988 |
Robbery with a Deadly Weapon |
06/28/1991 |
88-3246 |
15Y 0M 0D |
Trial Summary:
11/04/88 Defendant indicted with the following:
Count I: First-Degree Murder
06/07/91 Defendant was found guilty of First-Degree Murder
06/18/91 The jury recommended Death by a vote of 10 to 2
06/28/91 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
**Note – defendant was also charged and convicted of Armed Burglary and sentenced to
life in prison (Case # 88-3438)
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #78,337
660 So. 2d 648
07/29/91 Appeal filed.
07/13/95 Conviction and sentence of Death affirmed.
09/22/95 Rehearing denied.
10/23/95 Mandate issued.
United States Supreme Court - Petition for Writ for Certiorari
USSC #95-7970
517 U.S. 1159
02/21/96 Petition filed.
04/22/96 Petition denied.
State Circuit Court - 3.850 Motion
CC #88-3200
(Pending)
03/24/97 Motion filed.
09/15/03 Motion amended.
12/23/03 Motion amended.
Florida Supreme Court – 3.851 Appeal
FSC #10-2008
(Pending)
10/20/10 Appeal filed.
Florida Supreme Court – 3.851 Appeal
FSC #10-2219
(Pending)
10/20/10 Appeal filed.
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal took four years from the date of filing for a decision to be rendered and the 3.850 Motion has been pending since 1997.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court on 07/29/91. Issues that were raised included whether the arrest warrant was valid, whether the arrest itself was legal, and whether the trial court erred in allowing the defendant’s confession to be admitted as evidence. The Florida Supreme Court found all of the claims either harmless or without error and affirmed the conviction and sentence of Death on 07/13/95.
A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 02/21/96 and was denied on 04/22/96.
A 3.850 Motion was filed with the State Circuit Court on 03/24/97 and was amended on 09/15/03 and 12/23/03. The Motion is currently pending.
Two 3.851 Appeals were filed with the Florida Supreme Court on 10/20/10. These appeals are currently pending.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
07/05/93 0 DISRESP.TO OFFICIALS UNION C. I.
11/28/00 0 DISORDERLY CONDUCT UNION C. I.
Report Date: 06/14/02 cc
Approved: 07/22/02 ws
Updated: 11/29/10 CAR