Morning Sentinel
Man to stay free for manslaughter appeal
By ALAN CROWELL
Staff Writer Kennebec Journal & Morning Sentinel 12/06/2007

SKOWHEGAN -- A Superior Court justice ruled Wednesday that a Pittsfield man found guilty in July of manslaughter and operating under the influence may remain out of jail pending his appeal.

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.

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0-Tolerance of Central Maine, ME
Dec 6, 2007 8:19 AM
Wow, Janet Mills is defending a lot of criminals. She got Curry off of murder by saying he's insane, now this kid is probably going to run since he doesn't have to stay in jail. This kid was arrested for UOI, and manslaughter. I hope he runs, maybe it'll prove a point. He's been found guilty. We need to change the quote "innocent until proven guilty" to "guilty until proven innocent".report abuse
Just-curious of Southern Maine, ME
Dec 6, 2007 10:03 AM
Dear 0-Tolerance;
Two questions:
1) Ever heard of a DEFENSE ATTORNEY??
2) Ever read the US CONSTITUTION????report abuse
Scott of Farmingdale, ME
Dec 6, 2007 10:33 AM
Destroying blood samples?
What kind of a defense/comparison does that leave for the suspect & his attorney? It doesn't!
I'd say that alone is definitely grounds for an appeal. Good judgment, Justice Jabar!

0-Tolerance:

I seriously doubt that this 31 year old man (not 'kid' as you put it) will run. He works, takes courses online, lives with his mother, and most of all has a very good chance of having his conviction overturned. Perhaps the state laboratory will now think twice about destroying evidence so quickly. report abuse
0-Tolerance of Central Maine, ME
Dec 6, 2007 10:57 AM
Just-curious of Southern Maine, ME,
Not the whole constitution, but i'm sure you have. Until you work the job as I do, keep quiet. you don't see the thing i do on a daily basis. I see to many criminals go. And kid/grown up, big deal if I called him a kid.report abuse

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