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Accused gunman back in court
Posted: 12.09.2008 at 7:15 PM
2

Scott Johnson appeared in Marinette County Circuit Court Tuesday for motion hearing

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MARINETTE, WI -- Thirty-eight-year-old Scott Johnson was back to court Tuesday in Marinette County, Wisconsin.

Johnson is accused of shooting to death three teens this past summer on the Wisconsin-Michigan border, near Niagara.

Major evidence for the prosecution was on the line Tuesday, which the defense claimed violated Johnson's rights, but testimony seemed to prove otherwise.

Almost as soon as Johnson walked through the courtroom doors, tears were shed by family and friends of victims who were in attendance.

The prosecution called four witnesses to the stand, all Marinette County officials from the Sheriff's Department.  Each came in contact with Johnson the day he walked out of the woods and into the hands of authorities.

Johnson was questioned shortly after being taken into custody where authorities say they read him is rights...the rights, they say, Johnson waived.

"When you did read Mr. Johnson, what we call the Miranda Rights; his response was that he had nothing to lose?" asked Prosecutor Gary Freyberg.

"Among other responses?  Yes," responded witness, Detective Anthony O'Neill.

The defense wants all questioning by authorities following Johnson’s capture suppressed as evidence.  The defense says Johnson's statements were involuntary, due to the circumstances and timing of the questioning.

"At that point, his emotional state, his physical state, were, I think it's fair to assume, fair to interpret, through the testimony given, that Mr. Johnson was at his weakest point," said Defense Attorney Shannon Viel.

But, the judge disagreed with the defense and admitted all questioning by authorities as evidence to be used in the trial.

"I think they did everything in a classical sense to make sure there was no improper influences or pressures exerted," explained Honorable Judge Tim Duket.

The defense also felt the need to change court venues, due to the large amount of pretrial publicity, which they say could potentially violate Johnson's right to a free and impartial jury.  But, Judge Duket decided to keep both the court and jury selection in Marinette County.

Johnson's trial is scheduled to begin March 16.

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