12/06/2007
from the Kennebec Journal
Rep. Pingree hears varied proposals for health-care solutions
HALLOWELL Fire that cut communications labeled arson
MONMOUTH Police defended after slim budget rejection
State's schools chief to parley
Wasser will lead newsrooms at KJ, Sentinel and in Portland
BRIEFS
Hockey still in picture for Harrington
Portland boxer to face legend's son
All of today's:
News | Sports
from the Kennebec Journal
from the Morning Sentinel
$1.3 MILLION FOR HEALTHREACH
Families Matter grows to meet special needs
Chellie Pingree listens to ideas on health care reform
FARMINGTON Rain alters plans for 4th of July
District regroups after budget failure
Vote on county budget hits snag
Burnham driver wins checkered flag at 2 tracks on same day
Maine boxer gets unique opportunity
All of today's:
News | Sports
from the Morning Sentinel
Joshua Johnson, 31, was sentenced in July to eight years in prison with all but 18 months suspended for causing the death of a friend during a drunken driving accident.
Johnson was driving east on U.S. Route 2 on Nov. 10 of 2005 when he passed a car and lost control of his vehicle, crashing into a utility pole. His passenger, Robert Tardiff, 32, was killed in the crash.
The Pittsfield man's blood alcohol level was .09 percent, close to the legal limit of .08, but a second sample of Johnson's blood was destroyed by the state Health and Environmental Testing Laboratory before Johnson's attorney was able to have it tested by an independent laboratory.
Johnson's then-attorney, Paul Sumberg, argued the destruction of the second blood sample denied his client potentially exculpatory evidence -- in other words, evidence that could prove his innocence.
The destruction of the blood sample was ruled inadvertent at Johnson's trial -- a chemist from the state laboratory said blood samples are routinely destroyed once they have been in storage for at least six months and after the container or containers holding the old samples are full.
Justice Joseph Jabar said Wednesday, however, that while the loss of the blood sample was inadvertent, it does represent legitimate grounds for an appeal.
Jabar ruled that Johnson may remain out on bail pending his appeal.
Janet Mills, who is now representing Johnson, said her client lives with his parents, works in the woods and is taking classes online. She said he does not represent a danger to the community and is not a flight risk.
Assistant District Attorney James Mitchell, however, said that Johnson did have a criminal history and did have a history of violating his bail conditions -- in one case having contact with a woman against the conditions of his release. Mills said the woman had called her client.
Outside the courtroom, Kathy Johnson, Joshua's mother, said she was thankful for the judge's decision.
Reader comments
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As you yourself said, "Historically"...
With that said, History most often learns from it's mistake(s).
Exactly what defined this individual as having a criminal history (key word= history), as the district attorney put it?
Some misdemeanor(s) years ago? Details were not mentioned other than a girlfriend contacting him while he was on bail, and therefore violating his bail conditions.
Who cares anyway if it isn't directly relevant to this case, such as a previous OUI conviction(s) displaying a direct pattern.
Apparently, the judge saw the 'criminal history' for what it amounted to, as I am sure he had all of the information before him. report abuse
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