Part 12 in a serialization of interviews published on the 26th anniversary of the brutal murder of Donna Johnson:
Members of murder victim Donna Johnson’s family, working through a prominent local minister, attempted to have a special prosecutor appointed to the case in 2006.
Murder victim Donna Johnson.
FBI. CALL THEM.
Voluntary means someone who has the authority and cares, needs to call.
The FBI would never take this case with the thought of trying the killer in federal court. I am sure they would, however, love to help out and provide guidance/resources to Sheriff Waller and DA Milam in an effort to catch such a deranged, sadist killer.
I do suspect that the FBI would NOT walk in here, take over and throw their "package" around. But I believe, I they hear of the facts, they will want to poke around in this case. Also, just because the FBI has not been invited in, doesn't mean they aren't already following the investigation closely. If the FBI pokes around and finds sufficient evidence of a crime, they can arrest anyone despite their ability to call dibs on jurisdiction.
Section 3052. Powers of Federal Bureau of Investigation
The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of investigation of the Department of Justice may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for ANY offense against the United States committed in their presence, or for ANY FELONY COGNIZABLE under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
Now, who wants to argue against it this time?
Murder of Donna Johnson
Case unsolved.
2005 Buice and Staff begin work on case.
Experts brought in to review case.
Information submitted from expert findings.
DA unsupportive of expert findings.
Family ask for special prosecutor given no support. According to Baker, DA can do what he wants to do and has no one to answer to because he is an elected official.
26 years later case remains unsolved.
Suspect, Motive, Evidence Present.
DA continues to refuse to pursue case based on experts findings.
Local authorities say they do "not have enough evidence to go on and do nothing."
GBI remains non present in the case.
Walter Geiger and staff feature newspaper attention to the case on the 26th anniversary of the case.
Now you tell me, what is wrong with this picture???
In the end this matter may go on the back burner with the powers that be in Lamar County and our State, however, this will be handled by God our Father on the day of judgement. I plan to be there on that day when the person responsible stands before God and answers for his actions.
Thank you Walter for what you and your staff have tried to do.
Join me in prayer for those in power that could do something if they wanted to and choose not to do so.....
The factual, yet unfortunate fact is, this was not a federal crime, it was a crime against the state. The FBI doesn't have jurisdiction over it. Sure, the locals can contact them for assistance, but honestly, what priority do you expect a 20 something year old local homicide with virtually no good evidence to get from the feds?
Call them. Go right ahead. Good luck.
Apparently not.
FBI can only enforce "Federal crimes" or "Crimes against the United States". This particular murder is a crime against the state of Georgia.
So you know what, you go tell the state that it doesn't know s#$t about ANYTHING Donna went through.
You tell the state to think about their child being a the victim of something like that. How long would it take for them to call the FBI then?
I am not suggesting the Feds come in and take over but they can come and assist.
One theory I've heard could make it a federal offense.
TITLE 18 > PART I > CHAPTER 95 > § 1959
Violent crimes in aid of racketeering activity
(a) Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires so to do, shall be punished—
(1) for murder, by death or life imprisonment, or a fine under this title, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine under this title, or both;
(2) for maiming, by imprisonment for not more than thirty years or a fine under this title, or both;
(3) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years or a fine under this title, or both;
(4) for threatening to commit a crime of violence, by imprisonment for not more than five years or a fine under this title, or both;
(5) for attempting or conspiring to commit murder or kidnapping, by imprisonment for not more than ten years or a fine under this title, or both; and
(6) for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years or a fine of [1] under this title, or both.
(b) As used in this section—
(1) “racketeering activity” has the meaning set forth in section 1961 of this title; and
(2) “enterprise” includes any partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, which is engaged in, or the activities of which affect, interstate or foreign commerce.
Another theory I've heard could make it federal this way:
TITLE 18 > PART I > CHAPTER 95 > § 1958
Use of interstate commerce facilities in the commission of murder-for-hire
(a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility of interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so, shall be fined under this title or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not more than twenty years, or both; and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both.
(b) As used in this section and section 1959—
(1) “anything of pecuniary value” means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage;
(2) “facility of interstate or foreign commerce” includes means of transportation and communication; and
(3) “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
~Cornell Law School - Title 18 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Feb.1, 2010..
The recall process is similar to that for initiatives in that citizen petitions are required. The number of signatures necessary to qualify a recall petition, however, is significantly higher than for initiatives. Signature requirements are based on a formula, generally a percentage of the vote in the last election for the office in question, although some states base the formula on the number of eligible voters or other variants. Whatever the formula, the signature requirements are high: Georgia requires 15 percent for statewide offices; 30 percent for all others.
Circulation time of the petition is 90 days.
In Georgia, Circulation time of the petition is 90 days. The recall ballot contains only the question of whether or not the official should be recalled. If the majority vote is "yes" for recall, the office is declared vacant and is filled at a special election or as otherwise provided by law, which in some states is by appointment for the remainder of the term. The chart below details how the recall election is conducted in each state.
http://www.ncsl.org/default.aspx?tabid=16581
And in LEGAL terms, which apparently you don't grasp, a local murder is in fact a "crime against the state", even though, obviously, it didn't kill the state. (duh)
Educate yourself properly, or continue to assume and use inaccurate sources such as wikipedia for your info. Outbursts of emotion do not win cases, facts and hard work on the prosecution, from the beginning to the end,
does.
If they had a good amount, don't you think it would have went forward years ago?
Those of you so bent out of shape about this need to pool your money together and hire a good P.I. You will then have someone that is obliged to report back to you with what they found out, and why this or that is so.
I also know how the law works, something you apparently DON'T.
So instead of presenting logical, fact based arguments, you resort to accusations and emotion. Nice
All your questionables make me question you, Anonymous.
Milam can then throw a huge party and invite Ballard over for dinner to dis-cuss probable cause and how to do the grand jury's job for them. He will save the county money by becoming the DA and Grand Jury all at the same time. This will set a great precedence for our local districts and teach us minions our place.
Me, being the B&%#h that I am, will come on this "blog" and empathetically say, "What the hell is wrong with you two!?! I looked up district attorney on Wikipedia and it said, and I quote: "In many jurisdictions in the United States, a District Attorney (DA) is an elected or appointed government official who represents the government in the prosecution of criminal offenses.""
I will stop and get my chin off the floor and tip my hat to the Anon who argued the defense side about Donna not being the victim and the state of Georgia being the one raped and hog-tied. Someone paid attention and excelled in the studying of heartless law to get your way.
Ballard will then call a press conference to say, "I just want to say that I was made to have this dinner with Milam by someone looking to get re-elected. I did find sufficient evidence of heartless law to get one's way. That is all I will be saying except that I consider my office's interest in this over."
The community will go silent as they all realize that the government now wants to be the Grand Jury in addition to the Judge, Prosecutor, and in most cases, the Defense.
The act will close and me and you, Shelia, will push Milam and Ballard off the stage.
We will get a standing ovation and the judges will give us a 10.
OMG! A 10! I M$&^&@#^$king 10!
The crowd will go wild. I will pick up my african violets and humble dalias and take Shelia's hand.
We will drive away and immediately get pulled over for a broken tag light and window tint that is too dark....
He signs his name just like I do.
John, How do you know there is not any evidence? Has someone let you look into the case files? Put in a good word for me, Shelia and the Johnson family and tell them to let us look too.
where's the commentor here who kept saying they DID secure the scene?
Keep 'em coming.
I want to get mine too.
Sigh.
SWAK
Usted no.
Do you know how it felt to be a child who lived across the street from a dumpster?
Whoever this guy is, he terrorized a whole community. I want to look into the case files.
Shelia and I will thank you by name in our book. That is, if she is going to write with me now.
Tisk tisk tisk.
How many red arrows do they need?
They should be exorcised.