As of Friday, April 12, 2013
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ALBANY, Ga. — Superior Court Judge Willie Lockette will decide within 30 days if the defense team of condemned killer Marcus Ray Johnson will be allowed even more testing of crime scene DNA in Johnson’s bid for a new trial.
Dougherty County District Attorney Greg Edwards said the decision came at the end of a hearing Thursday to consider DNA evidence additional to the trial in which Johnson had been sentenced to death for the 1994 murder of Albany resident Angela Sizemore. Johnson had been granted a temporary stay just prior to his scheduled execution on Oct. 5, 2011, pending an evidentiary hearing.
“It’s our contention that there has been enough testing of the evidence already,” Edwards said. “The best thing that could happen for Johnson, even if more testing were allowed, would be to implicate someone as having assisted him in the murder. It wouldn’t help Johnson at all. Either way, another hearing will be set to determine if Johnson is entitled to a new trial,” Edwards said.
Johnson was convicted based on the testimony of witnesses claiming to have seen him leave an Albany bar and nightclub with Sizemore just before the murder. Some witnesses testified they had seen him in the same general area boarding a city bus alone later that evening.
The only physical evidence in the case was blood found on Johnson’s jacket, which prosecutors said belonged to Sizemore. Johnson contended that the blood came from when he punched Sizemore during an argument that night.