The torture and kidnapping trials of three men were thrown into turmoil Monday when a judge refused to allow written testimony from the victim, who died Dec. 26 of a brain aneurysm.
The ruling by Judge Edward Fiala applies only to the charges against William Beach, 40. But attorneys for the other defendants are expected to seek similar rulings when their clients appear in court later this week.
In a rarely invoked legal maneuver, Fiala had earlier decided to conduct a trial in which three separate juries in the same room simultaneously would hear the case against the defendants. He said that ruling was designed in part so that the alleged victim would not have to testify at three separate trials.
Prosecutors acknowledged that both the death of Gaddis Johnson and the judge’s decision not to allow testimony he gave during an earlier bond hearing damage their cases.
“But we have other strong evidence and we’ll see if we can get a conviction with that,”said Assistant District Attorney Michael Falagario.
Prosecutors contend the defendants tortured Johnson in 1995 in an attempt to get information about the whereabouts of his brother, who allegedly owed drug money to one of the defendants.
During a bond hearing last year, Johnson gave graphic detail about being locked in a closet with a pit bull that bit him on the arm. He testified he was burned with a butter knife and a hanger that had been heated on a stove. He said the defendants rubbed salt into the burns and dumped bleach on his back.
But defense attorneys contend that several important events took place after Johnson’s 1996 testimony that are crucial to the case.
Gary Sternberg, who represents defendant Henry “Junebug” Brown, said Johnson later recanted his testimony in a signed affidavit in front of Brown’s former defense attorney. He said Johnson also sent threatening letters to one of the defendants trying to solicit drugs and money.
“We, obviously, cannot cross-examine Mr. Johnson about these things and they would have been impeaching,” Sternberg said. “We would have confronted him with the letters and the affidavit and these things are vital to our case.”
Prosecutor Falagario, declined comment on Sternberg’s allegations but said there was other key evidence against the defendants, including a confession from at least one of them.
Also charged in addition to Beach, 40, and Brown, 45, an alleged high-ranking member of the Gangster Stones street gang, is Timothy Belin, 20.
Ladrina Stewart, 30, Brown’s wife who has also been charged in the case, but has not sought a jury trial.