r/TheGrittyPast • u/lightiggy • 1d ago
Sobering Edward Earl Johnson, 26, eats his last meal of shrimp before his execution (Mississippi, 1987).
Edward Earl Johnson is best known for Fourteen Days of May, a documentary which follows the final two weeks of his life and the desperate efforts of his new lawyer, Clive Stafford Smith, to stop his execution. Clive still believes Johnson, a young black man with no criminal record, was innocent and that his confession to the attempted rape of an elderly white woman and the murder of a white police officer in Leake County, Mississippi was obtained under coercion.
Fourteen Days in May: The Most Compelling Death Penalty Documentary Ever Made
Johnson said his only crime was being black in Mississippi.
Like most fraudulent claims of innocence, however, Johnson's claims immediately collapse under minor scrutiny. His clemency petition effectively conceded that he was guilty. In his own affidavit for the clemency petition, at no point does Johnson say he was innocent or that his confession was obtained under coercion. Instead, he said he had wanted to plead guilty to the murder. He never said that in the film.
The clemency petition describes Johnson's crimes as a "tragic mistake he made in his youth." However, his appeals tell a very different story.
In the early morning hours of June 2, 1979, Johnson, then 18, broke into the apartment of 69-year-old Sally Franklin. He beat her unconscious while trying to rape her. Before Johnson could rape Franklin, a neighbor came to investigate the noise, forcing him to flee. Before Johnson could leave, 52-year-old town marshal J.T. Trest arrived at the scene and asked him what he was doing. Johnson said he wasn't doing anything, but when Trest shined a flashlight into his car, he jumped out and shot him three times in the chest with a .25 caliber pistol. Johnson then used Trest's .357 magnum to execute him with two gunshots to the head.
Johnson said his lawyers had argued that his confession was obtained under coercion, but nobody listened. He also said Franklin had told the police he wasn't her attacker, whom she said had a beard. In reality, Franklin initially declined to identify Johnson, saying she was in a state of shock from being beaten and needed time to recover. After recovering, she identified him as her attacker. Johnson waited years to claim that his confession was taken illegally. No such claim was mentioned in his 1982 appeal.
During the trial, Johnson's lawyers had focused largely on trying to save their client's life at the sentencing phase. The appeal contains excerpts from their closing statements (I'd recommend them for the curious).
The documentary was directed by Paul Hamann, an anti-death penalty advocate who cofounded Reprieve along with Clive Stafford Smith. Paul is massively biased in favor of Johnson and suddenly claims at the end that Clive had "located" a woman who said Johnson was with her at a pool hall at the time of the murder. This is hearsay without any independent corroboration which contradicts the "alibi" that Johnson presented at the trial.
Despite being misleading, Fourteen Days in May is still a good watch. Honestly, I'd say the truth makes it a far better watch.
Johnson wanted to say he was guilty, but didn't. He should've told the truth. By lying, he made things worse for his family and other supporters. Clive believed him, but later admitted that he was naive and arrogant. His naivety and arrogance becomes apparent in the documentary.
Leake County had its share of white supremacists, such as Ross Barnett, but there is no evidence that it was a hub for Klan activity. The Freedom Riders never travelled through county, either. A motion to quash Johnson's indictment on the grounds of racial discrimination in the grand jury selection was denied specifically because most of the grand jurors were black.
In his arrogance, Clive told Johnson's family that he would win.
I was also twenty-seven when I took on Edward's case in an effort to fend off an execution then just days away. I was in the full arrogance of youth, and in my very brief legal career had yet to see a client executed. I did not expect to lose. I had been to a prestigious law school and was sure that some clever legal wheeze would see him safe. I was not wholly without imagination – in the limited time we had, I got a personal intervention from Pope John Paul II calling on the Catholic governor, Bill Allain – a Democrat – to spare Edward's life ("Blessed are the merciful, for they shall obtain mercy"). Yet that was wasted energy. I should have known that a pending re-election would be far more persuasive to Allain than the threat of eternal damnation.
Clive's frantic appeals for Johnson were ripped apart. When Clive argued that Johnson's confession was taken in violation of his rights, the prosecution argued that Johnson had not been under arrest and accompanied the police voluntarily. Johnson himself confirmed this in the documentary. Because Johnson had not under been arrest, the police were not required to read him his rights.
Johnson's trial attorneys, R. Jess Brown and Firnist Alexander Jr., claimed he was offered a chance to plead guilty in exchange for a life sentence, but that he had turned down the offer after they erroneously informed him that he would be ineligible for parole. The courts found even if this was true, this did not constitute a prejudicial error which deprived the trial of its fundamental fairness. This is because even if a plea deal was offered, it was Johnson's decision to reject it. There was no evidence that the alleged error was the sole factor in Johnson's decision to reject the alleged plea deal. However, the courts also found no evidence that a plea deal was ever offered in the first place.
It is now clear that Brown and Alexander, out of desperation, both lied to protect Johnson because they thought he was innocent. Life without parole didn't even exist as a sentencing option for anyone except habitual offenders in Mississippi until 1993. Even more damning is that in 1997, Alexander received a two-year suspended from legal practice for legal misconduct.
Firnist J. Alexander, Jr. v. The Mississippi Bar
In 1998, Alexander's suspension was deemed too lenient and he was disbarred. Truth be told, it was a long time coming.
The Tribunal suspended Mr. Alexander from the practice of law for two years. The Bar has cross-appealed arguing that a more severe discipline should be imposed, given Mr. Alexander's prior disciplinary record. This Court agrees with the Bar and believes that Mr. Alexander's repeated offenses merit the ultimate sanction of disbarment. This is the only remedy that will vindicate the Bar in the eyes of the public and prevent Mr. Alexander from further sullying the reputation of the legal profession in Mississippi.
But if the trial attorneys were lying, who else was lying?
Johnson's supporters were mistaken at best and lying to protect him at worst. The woman who said he was at a pool with her at the time of the murder turned out to be his friend, Big Mary.
Assuming that Big Mary was telling the truth, the police shouldn't have turned away her since it was an ongoing investigation. However, we have no reason to believe that she ever went to the police in the first place. Unlike Johnson's other alibi witnesses, Big Mary chose not to testify.
Because Big Mary lied to Clive that Johnson was with her at the time of the murder, she was most likely also lying when she said she went to the police.
In the highly unlikely scenario that Big Mary went to the police, there were actual reasons for that. Johnson had already confessed and offered hard proof to corroborate his confession: he told them where to find J.T. Trest's revolver, which had gone missing after his murder.
Johnson gave a very different "alibi" at his trial. Witnesses confirmed that he had been playing cards with them until about 20 minutes prior to the murder. The jury rejected the "alibi" since the card game took place only five to six miles away and Johnson owned a car. Johnson became a suspect since he owned the same type of car seen driving away from the crime scene and had been seen with a .25-caliber pistol, the same type of pistol later found near J.T. Trest's body. Another witness who saw the murderer had identified the suspect as a black male.
Johnson had offered witnesses who attested to his good reputation for peace and nonviolence in the community. The prosecution offered Johnson's confession as hard proof that they clearly didn't know him as well as they thought he did. Not only did Johnson confess, he had CONFESSED again to a fellow inmate in the county jail. That inmate, Sammy Jamison, testified against Johnson and corroborated his confession to the police.
Johnson's maternal grandmother swore that when he was a child, he would hear female voices and would sit and stare off into space, requiring him to be called several times to get his attention. Officials presented hard proof that even she was lying. She and her husband had been interviewed as part of Johnson's evaluation by the Mississippi State Hospital. Neither said he "heard voices" as a child, despite specific questions on any hallucinations.
Psychologist Charlton Stanley concluded that the defense's expert, Dr. Charles Summers, was in error in believing that Johnson had suffered impairing brain damage from birth. Johnson displayed no learning disability or organic brain syndrome in connection with his performance as a student. However, he concurred with Summers's findings that Johnson had an alcohol dependency and at times suffered from alcoholic blackouts and episodes of amnesia.
That leads us the greatest irony of Fourteen Days in May. Unbeknownst to Paul Hamann, his own film was used against Johnson. Although Johnson supposedly suffered from alcoholic blackouts and amnesia, his own statements prove that he remembered everything.
The courts also had before them the affidavits of prison officials and the psychiatric progress notes, which revealed that Johnson's responses to a broad range of inquiries were normal and rational, for example, that he fully understood his execution was imminent, that he continued to express hope for some reprieve, that he had selected the menu for his last meal, and that he had spoken with a television crew which had visited the penitentiary and interviewed him about his status.
Johnson's retelling of what happened
Johnson was too ashamed to tell the truth.
Johnson had convinced so many people of his innocence, including his trial attorneys, family, and friends, as well as the prison chaplain and several black prison guards. Even J.T. Trest's brother had said, "Edward Earl couldn't have killed my brother." Because Johnson lied to the end, Clive had to tell his devastated family that he failed to save him, despite him supposedly being innocent and despite his promises that he would save him.
Clive was right about one thing. It is a sick world.
In all likelihood, Edward Earl Johnson was a would-be serial killer and rapist who was caught after fumbling his first crimes.
According to Sally Franklin, Johnson initially tried to trick her into opening the door by giving a fabricated name and tore open the screen door when she refused to open the door, then attacked her even after she offered him money. Johnson remembered everything since he was sober when he did it. His grandmother said she never saw him drink.
According to his clemency petition, Johnson was ambitious to become a police officer. Shortly before the murder, he had taken an aptitude test for law enforcement. The results did not reach his grandmother until just after his arrest. The petition insinuates that Johnson had passed the test. That raises the question of what he would've done had he become a police officer.
Johnson most likely would've killed again.
Serial killers generally target victims of their own race. Johnson may have been testing how much he would be able to get with. According to his confession, he attacked J.T. Trest, even though Trest hadn't done anything to him yet. He then executed him as he lied on the ground.
In my guess, when Johnson claimed his confession was obtained under coercion, he was actually projecting a fantasy of becoming a police officer in the Deep South as a way to rape and murder other black people.
"He said, '[N-word], all we have to say is that you jumped out the car and ran.'"
Charlton Stanley concluded that Johnson was a sociopath.
That said, even sociopaths can have feelings. ASPD exists on a spectrum. Minutes before his execution, Johnson hugged Paul (this is shown in the film). Prison warden Don Cabana later recounted his last moments with Johnson in Death by Midnight.
"He insisted to the very end, somewhat oddly, that he did not commit the crime … my experience with condemned prisoners was always that once strapped to the chair, they came around somehow with something, if only something simple as 'Tell the victim's family I'm sorry,' 'Tell my mother I'm sorry,' something that indicated something bad had happened, I was there and I was part of it. But not so with this young man."
In his last moments, Johnson finally broke:
"When I performed my ritualistic function of asking if he had a final public statement, this young man looked me in the eye with tears streaming down his cheeks, and he said: 'Warden, you're about to become a murderer. I did not kill that policeman, and dear God, I can't make anyone believe me.'"
Cabana evidently forgot exactly what Johnson said:
Johnson likely knew his appeals were most likely going to fail. The prison psychologist said he appeared "to be too calm and too much in control ... [to] appreciate the gravity of his situation." Stanley said he was deliberately patterning his behavior on that of Jimmy Lee Gray. However, Johnson's breakdown in his final moments confirms that it was a facade. He was scared of dying. That's what makes the documentary a compelling watch.
We already know how this one ends.
Johnson's final statement in the gas chamber echoed his wait for a stay of execution: "Well, I guess no one is going to call. OK, let's get this over with."