12/06/2007
from the Kennebec Journal
QUESTIONS REMAIN
No complaints from those who switched to Somerset County center
Vote on 1 may hurt some in election
Steeple at center of debate in Whitefield
VETERANS REQUIRE ASSISTANCE: Homelessness takes center stage
J.P. DEVINE: Overcome sadness with hope
BASKETBALL: NBA Hall of Famer Barry doles out advice at Thomas College
HIGH SCHOOL CROSS COUNTRY: Maranacook sophomore Mace dominates Class B field
All of today's:
News | Sports
from the Kennebec Journal
from the Morning Sentinel
A year later, families await answers on fatalities
Owner of topless coffee shop on the comeback trail
Officials report cheaper, better service after switch
Two people in critical condition
Young Marines stick to program
Issue of homeless veterans at center stage
GIRLS SOCCER STATE CHAMPIONSHIP: Winslow falls to York in Class B
Bard hits her marathon stride
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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