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A Horrible Reality In Barnes Teen Murder Case: Circumstantial Evidence, Police Misconduct, And A Weak Prosecutor Could Spell Acquittal For Michael Johnson

There is just a little over three weeks before Michael Johnson faces a Baltimore District Court on charges that alleges he killed 16-year-old Phylicia Barnes. This highly anticipated murder case is just in the beginning stages of its process, and what remains to be seen is hard evidence supporting the state’s claim that the Monroe, N.C. honors teen was strangled or suffocated at the hands of the child’s older half-sister’s boyfriend. Prosecutors revealed during a previous court appearance that Michael Johnson was the last person who saw the child alive, that he was seen struggling to carry a large tub (big enough to carry a person the child’s size) out of Deena Barnes’ Northwest Baltimore apartment around the time he alleges he last saw her, and that the state believes Michael killed Phylicia at that location. Although the state has remained extremely tight-lipped about the case, many are praying that the case against Johnson bares more culpable evidence against him as the case progresses through the process. So far what the public has learned is no smoking gun. These limited details depicting how Johnson supposedly killed the child are mere circumstantial, and may not even pass the standard which is required to forward the case to the Circuit Court of Baltimore. The state has to convince the presiding judge that there is more than enough evidence to send the case to trial. Barring solid evidence implicating Michael Johnson’s direct involvement in this murder could result in a jury never even being seated for the pretty little girl’s murder case, and Johnson could walk on June 28, 2012 which is his next scheduled court date. Unless there is DNA evidence that exist pointing to Johnson, eye-witness accounts, or other forensics that would point to incriminating evidence against him, the state’s case just may fall flat. This is just simply a bitter pill to swallow considering Baltimore’s record regarding murder cases that have slipped through the cracks because of the lack of rudimentary evidence that must arrive beyond a reasonable doubt for a sworn jury to come back with a conviction. Sadly though, it’s not even iron clad that good evidence would even seal the deal for the state when we consider the history of Baltimore juries. One hurdle the state must climb is explaining the text messages between the Barnes teen and Johnson which exceeds 500. The defense will most certainly argue that the teen had a close relationship with Johnson, and the nude photos of the child streaking nude with Johnson and others, only serves to garner momentum for his defense, because some say it shows just how intimate or close of a relationship that existed between them, and just may imply that it’s doubtful that Johnson had motive to kill the child. However, despite these perspectives from some people, the child’s mother and others from within the  public believe that the child was exploited by her own half-sister, and that their relationship took a turn for the worst when Deena Barnes exposed the child to a culture that permitted Johnson and others to see the pretty little girl completely nude which just may have led to motive for Johnson and others to aggressively pursue Phylicia sexually. Unfortunately, that state must prove that Johnson desired Phylicia sexually, or some other motive existed for him to want to harm the child. Janice Sallis-Mustafa has already expressed that Johnson raped her daughter by stating, “why else would he kill her”? There must be something else out there that exist for a state convened Grand Jury to decide on an indictment of Johnson in the Barnes murder case. I just don’t see the state jumping from a seemingly cold case posture to deciding that Michael Johnson is the killer. What do they have, because what we know so far doesn’t prove anything other that circumstantial facts, and to convict Johnson of murder the state needs more than him struggling with a large tub, and 500 text messages to convict him. So it will be very interesting to see other details emerge  that will actually establish Johnson as the killer. In fact the state’s case appeared to suffer a blow before it was even made public that Johnson would be charged for the Barnes teen murder. The Lead investigator in the case had recently been suspended for misconduct related to a similar case involving his own daughter prior to the arrest of Johnson. Daniel Thomas Nicholson IV, had been the lead investigator on the case of Phylicia Barnes until allegations surfaced that he used his badge to enter homes while off duty to search for his daughter who had run away from home. His misconduct debacle just may have been a factor in Johnson being charged in a seemingly hurried fashion. Some say his departmental issues could potentially hurt the Barnes case as his character and credibility just might weigh heavy on the jury, which is an ingredient for failure when considering the case would be heard in front of a Baltimore Jury. Nicholson is also reportedly facing criminal domestic violence charges, that claim he assaulted his daughter at his Baltimore County home. The news of these details adds an even more awkward element to a case that city police officials have already said was a “very complexing case ” in which they have encountered in recent memory. It’s a tremendous blow to the state’s case because Nicholson will more than likely have to take the stand and testify at the Johnson trial. Moreover, just when it appeared that the Barnes case had hit its lowest, Baltimore’s State Attorney appointed one of the weakest prosecutors in the business to try the Barnes murder case. For some reason State’s Attorney Gregg Bernstein has entrusted this case to one of his least effective trial attorneys, one who has long lacked a reputation for hard work.  It’s the same prosecutor who lost the case against Eric Stennett for murdering Police Officer Kevon Gavin in 2001.  After fleeing the scene of a shooting, Stennett sped through city streets at 80 m.p.h. and crashed into Gavin’s police cruiser, causing a fiery, fatal explosion. While there were multiple problems with how the police handled evidence in the shooting and crash, even the defense attorney conceded that Stennett was at least guilty of manslaughter in the officer’s death.  But the jury acquitted him completely, stunning everyone. More recently, in 2010, the same prosecutor tried a murder case against a city police officer who shot a fleeing theft suspect in the back.  Another acquittal. With this prosecutor’s dismal record in high-profile cases , Bernstein is taking a big chance.  Maybe he expects that Phylicia Barnes is so sympathetic a victim that a jury will be loath to let her accused murderer go, whoever prosecutes. Many have asked why Berstein is taking such a huge risk with such sketchy evidence the state has offered thus far. Followers of this case should dig in for a long ride for a case that has played out in the typical fashion that only Baltimore City can produce. If Johnson walks it would be even more tragic than the circumstances that resulted in the lost of such a promising child. We pray for justice for her and the Mustafa Family, and the day of resolution is approaching. Will the state let us all down? We can only wait now for the process to take its course. May God be with us all!

 

 

The People’s Champion

I’m David Adams

David Adams

A Self proclaimed geek, Sympathizer for the homeless, Social Change Advocate, Crime Blogger, Promoter of Awareness for Missing and Exploited Children, and a mobile technology enthusiast. A recognized Journalist and Human Interest Writer championing the plight of the masses whom are without a voice of their own.

More Posts - Website

Follow Me:
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There is just a little over three weeks before Michael Johnson faces a Baltimore District Court on charges that alleges he killed 16-year-old Phylicia Barnes. This highly anticipated murder case is just in the beginning stages of its process, and what remains to be seen is hard evidence supporting the state’s claim that the Monroe, N.C. honors teen was strangled or suffocated at the hands of the child’s older half-sister’s boyfriend. Prosecutors revealed during a previous court appearance that Michael Johnson was the last person who saw the child alive, that he was seen struggling to carry a large tub (big enough to carry a person the child’s size) out of Deena Barnes’ Northwest Baltimore apartment around the time he alleges he last saw her, and that the state believes Michael killed Phylicia at that location. Although the state has remained extremely tight-lipped about the case, many are praying that the case against Johnson bares more culpable evidence against him as the case progresses through the process. So far what the public has learned is no smoking gun. These limited details depicting how Johnson supposedly killed the child are mere circumstantial, and may not even pass the standard which is required to forward the case to the Circuit Court of Baltimore. The state has to convince the presiding judge that there is more than enough evidence to send the case to trial. Barring solid evidence implicating Michael Johnson’s direct involvement in this murder could result in a jury never even being seated for the pretty little girl’s murder case, and Johnson could walk on June 28, 2012 which is his next scheduled court date. Unless there is DNA evidence that exist pointing to Johnson, eye-witness accounts, or other forensics that would point to incriminating evidence against him, the state’s case just may fall flat. This is just simply a bitter pill to swallow considering Baltimore’s record regarding murder cases that have slipped through the cracks because of the lack of rudimentary evidence that must arrive beyond a reasonable doubt for a sworn jury to come back with a conviction. Sadly though, it’s not even iron clad that good evidence would even seal the deal for the state when we consider the history of Baltimore juries. One hurdle the state must climb is explaining the text messages between the Barnes teen and Johnson which exceeds 500. The defense will most certainly argue that the teen had a close relationship with Johnson, and the nude photos of the child streaking nude with Johnson and others, only serves to garner momentum for his defense, because some say it shows just how intimate or close of a relationship that existed between them, and just may imply that it’s doubtful that Johnson had motive to kill the child. However, despite these perspectives from some people, the child’s mother and others from within the  public believe that the child was exploited by her own half-sister, and that their relationship took a turn for the worst when Deena Barnes exposed the child to a culture that permitted Johnson and others to see the pretty little girl completely nude which just may have led to motive for Johnson and others to aggressively pursue Phylicia sexually. Unfortunately, that state must prove that Johnson desired Phylicia sexually, or some other motive existed for him to want to harm the child. Janice Sallis-Mustafa has already expressed that Johnson raped her daughter by stating, “why else would he kill her”? There must be something else out there that exist for a state convened Grand Jury to decide on an indictment of Johnson in the Barnes murder case. I just don’t see the state jumping from a seemingly cold case posture to deciding that Michael Johnson is the killer. What do they have, because what we know so far doesn’t prove anything other that circumstantial facts, and to convict Johnson of murder the state needs more than him struggling with a large tub, and 500 text messages to convict him. So it will be very interesting to see other details emerge  that will actually establish Johnson as the killer. In fact the state’s case appeared to suffer a blow before it was even made public that Johnson would be charged for the Barnes teen murder. The Lead investigator in the case had recently been suspended for misconduct related to a similar case involving his own daughter prior to the arrest of Johnson. Daniel Thomas Nicholson IV, had been the lead investigator on the case of Phylicia Barnes until allegations surfaced that he used his badge to enter homes while off duty to search for his daughter who had run away from home. His misconduct debacle just may have been a factor in Johnson being charged in a seemingly hurried fashion. Some say his departmental issues could potentially hurt the Barnes case as his character and credibility just might weigh heavy on the jury, which is an ingredient for failure when considering the case would be heard in front of a Baltimore Jury. Nicholson is also reportedly facing criminal domestic violence charges, that claim he assaulted his daughter at his Baltimore County home. The news of these details adds an even more awkward element to a case that city police officials have already said was a “very complexing case ” in which they have encountered in recent memory. It’s a tremendous blow to the state’s case because Nicholson will more than likely have to take the stand and testify at the Johnson trial. Moreover, just when it appeared that the Barnes case had hit its lowest, Baltimore’s State Attorney appointed one of the weakest prosecutors in the business to try the Barnes murder case. For some reason State’s Attorney Gregg Bernstein has entrusted this case to one of his least effective trial attorneys, one who has long lacked a reputation for hard work.  It’s the same prosecutor who lost the case against Eric Stennett for murdering Police Officer Kevon Gavin in 2001.  After fleeing the scene of a shooting, Stennett sped through city streets at 80 m.p.h. and crashed into Gavin’s police cruiser, causing a fiery, fatal explosion. While there were multiple problems with how the police handled evidence in the shooting and crash, even the defense attorney conceded that Stennett was at least guilty of manslaughter in the officer’s death.  But the jury acquitted him completely, stunning everyone. More recently, in 2010, the same prosecutor tried a murder case against a city police officer who shot a fleeing theft suspect in the back.  Another acquittal. With this prosecutor’s dismal record in high-profile cases , Bernstein is taking a big chance.  Maybe he expects that Phylicia Barnes is so sympathetic a victim that a jury will be loath to let her accused murderer go, whoever prosecutes. Many have asked why Berstein is taking such a huge risk with such sketchy evidence the state has offered thus far. Followers of this case should dig in for a long ride for a case that has played out in the typical fashion that only Baltimore City can produce. If Johnson walks it would be even more tragic than the circumstances that resulted in the lost of such a promising child. We pray for justice for her and the Mustafa Family, and the day of resolution is approaching. Will the state let us all down? We can only wait now for the process to take its course. May God be with us all!

 

 

The People’s Champion

I’m David Adams

David Adams

A Self proclaimed geek, Sympathizer for the homeless, Social Change Advocate, Crime Blogger, Promoter of Awareness for Missing and Exploited Children, and a mobile technology enthusiast. A recognized Journalist and Human Interest Writer championing the plight of the masses whom are without a voice of their own.

More Posts - Website

Follow Me:
TwitterFacebookLinkedInGoogle Plus

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Blue Sky0016

Sounds like concern for some of the thoughts. Simple to counter back in regards to Phylicia having a close relationship with MJ, being that she stated she felt uncomfortable with how he was looking at her once she arrived to Bmore. Did any of his family members help with the searches? When one of the brothers were asked was he going to help with the search, he replied I guess. Didn’t seem like they were too concerned that she disappeared. They spoke very little of her by her name after the fact. All those males who hung or lived there and they could not protect Phylicia? How did they show care for her? Only family and regulars hung around there correct? I’d think if MJ family and friends could support MJ where about, the day in question, he wouldn’t be in jail now at this moment. God has this in his hands.

Fancykatt1

What a damn shame,he did not commit the perfect crime, but I do believe to many hours passed before Deena came home therefore all evidence was cleaned away. I still say we need Michael Baden, cause this would be such horse shit that MJ and others got away with murdering Phylicia Barnes a gifted young kady with a promising future!

LetsKeepItReal

Hey Fancykatt1 don’t mean to sound like a hater but what is it that michael basden suppose to do other than what he has done already “Absolutely Nothing”  he himself, tom joynder, al sharpton, jesse jackson and all the other so called activist who speaks volume when a white person kills a person of color but when a person of color kills another person of color they turn away from reality as if they are implying that it’s ok to kill ur own kind but nobody else can.  All of their ASSES need to go and find some decent brought upsy and all of their monies combined won’t hellp their tryflyn asses.  Do the right thing at all times not when a white person strikes your kind but if any body strikes ur kind a  lost is a lost a murder is a murder can you alls money buy some morals of righteousness or are you alls comprehension is just that limited.  Things that make you say Hmmmm.  Now this will give those talk show hostess something to gab about, for the most part they ain’t talking about shit else anyhow!

LetskeepItReal

Deena’s dumb ass her initials even spels dumb deena marie barnes all thatis missing is the u for unfit for a human being less lone to be classified ass a lady NOT maybe a slut mut well after all that appears to  be her lifestyle you are what you are deena now can daddy barney help you out oh  I meant to say rulless

Fancykatt1

A Gifted Young Lady!! Mrs.Mustafa and Family, your in my prayers keep the faith and remain strong…

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