Glass object found in jury box

By Matt Pordum

Tuesday, May 3, 2005 | 11 a.m.

A juror on the panel deciding whether a man should be sentenced to death found what appeared to be a used crack pipe in the jury box on Monday, according to sources close to the case.

It was immediately unclear what that would mean in the case of Donte Johnson, who faces the possibility of the death penalty for the August 1998 murders of Tracey Gorringe, 20, Peter Talamantez, 17, and Matthew Mowen and Jeffrey Biddle, both 19.

Several sources who asked to remain anonymous said that prior to breaking for lunch a juror informed District Judge Lee Gates' bailiff of the find -- a broken glass pipe that was "charred and contained what appeared to be a white flaky substance."

Sources said that in a subsequent closed hearing outside of Gates' courtroom, Gates' bailiff said all of the jurors in the case denied that the pipe belonged to them.

The bailiff also said none of the jurors appeared to be impaired or under the influence of an illegal substance, sources close to the case said.

Neither the prosecutors nor defense attorneys involved in the case would comment. Gates would not address the issue as he closed his door after court and left the courthouse.

Sources said the judge toyed with the idea of questioning each juror individually about their knowledge of the glass pipe, but Gates gave no indication that such a hearing would be held.

Gates made no comment on the incident in open court on Monday.

District Court spokesman Michael Sommermeyer said a juror found a piece of broken glass at the beginning of proceedings in the Johnson case on Monday morning.

Sommermeyer said he had not seen the "broken glass" and would not comment on whether it could be considered a crack pipe.

He said an incident report would not be filed until this morning.

"We don't know anything about where this glass came from," Sommermeyer said. "It might have been placed there over the weekend, or by an in-custody inmate weeks ago. Right now there is no reason to believe it had anything to do with the jurors."

If it is proven the pipe belonged to a juror, it might be grounds for a mistrial or it could be raised as an appellate issue by Johnson's lawyers.

If it's determined that the pipe had belonged to an inmate, that raises other issues because sources said it had "jagged edges" and could have been used as a weapon.

Prior to court commencing each day, bailiffs are required to inspect the courtroom for the presence of anything that could be used as a weapon.

Earlier on Monday an inmate angrily testified that he, not Donte Johnson, was responsible for throwing a child molester off the second floor to the ground at the Clark County Detention Center.

Reginald Johnson said he pleaded guilty to attempted murder and conspiracy to commit attempted murder for the attack against Oscar Irias with the understanding that charges against Donte Johnson would be dropped. The two men are unrelated.

Gates is allowing testimony about the incident in Donte Johnson's new penalty phase.

Only moments into Deputy District Attorney David Stanton's questioning of Reginald Johnson on Monday, a self-described "pissed off" Johnson lashed out at Stanton and co-counsel Robert Daskas.

"Why don't you take me to trial you (expletive deleted)," Reginald Johnson said. "You are racist (expletive deleted)."

Reginald Johnson, an admitted habitual criminal who also has pleaded guilty to assault, robbery and burglary charges and is currently in prison, continued to curse the prosecutors before being detained by bailiffs.

The man continued before Gates finally asking the jurors to leave the court.

After Reginald Johnson returned to court, the judge also made the unusual move of taking the television microphone from NBC affiliate KVBC Channel 3 that was sitting in front of Reginald Johnson. Gates took the wireless microphone and placed it on his desk, which made it impossible for KVBC's cameraman to record Reginald Johnson's testimony when he calmed down and returned to the stand.

Gates didn't return the microphone to its original place until after Reginald Johnson had concluded his testimony.

Reginald Johnson returned and said Donte Johnson had no part in throwing Irias off the second floor of the detention center. He said he couldn't understand why the incident was being discussed at Donte Johnson's penalty hearing, because the charges against Donte Johnson had been dismissed.

Prior to Reginald Johnson's testimony two other inmates who were at the detention center at the time of the Irias incident said Donte Johnson was not involved and that guards at the jail were not in a position to see the incident.

Clark County Detention Center Corrections Officer Alexander Gonzalez testified last week that he saw Donte Johnson and Reginald Johnson throw Irias off the balcony.

Johnson previously had been sentenced to death by a three-judge panel for murders of the four people. But now his fate is being reconsidered as a result of a U.S. Supreme Court decision that said only juries can levy the death penalty in such cases.

In the current proceeding, Gates split the penalty phase, the jurors had to first weigh the "aggravators" in the case against the mitigating evidence presented.

During the first phase of the penalty hearing the jurors were only told the details of Johnson's quadruple homicide and information about Johnson's background growing up in South Central Los Angeles.

The jury determined Johnson is eligible for the death penalty and will soon determine whether to sentence him to death, life in prison without the possibility of parole, life with the possibility of parole or a set term of 40 to 100 years.

The defense is expected to continue its case this morning.