Philly man who served 30 years for murder is ‘home free’

PHILADLEPHIA » A city man with Delco roots who served 30 years of a life sentence for first-degree murder from a fatally botched

1990 robbery has been released from prison after being granted a new trial and entering “no contest” pleas to lesser charges.

Paul Johnson, 51, who formerly lived in Media and attended Penncrest High School, entered the pleas Tuesday to charges of robbery, conspiracy to robbery and third-degree murder before Philadelphia Common Pleas Court Judge Lillian Harris Ransom.

Johnson, now of Wilmington, Del., was sentenced Tuesday to the maximum 10 to 20 years for third-degree murder, which he has already served, and was released without further punishment, said Media attorney Michael Malloy.

“He’s more than happy,” Malloy said Wednesday. “He’s been out for about two weeks. We were able to get him bail before the hearing.”

Malloy said he would ask Johnson if he wanted to comment for this story, but he did not call by deadline Wednesday.

“It feels good, you know, the case was finally heard and it was overturned and the right thing was done,” Johnson told Fox 29 outside the Philadelphia courthouse Tuesday. “It feels good to be standing out here today free.”

Johnson was 21 when he was charged with four other defendants in the shooting death of clerk Ju Yang Lee in a West Philadelphia jewelry store Mar. 19,

1990. According to court documents, Johnson, Kecia Ray, Kevin Wyatt, Tony Bennett and Michael Mayo decided to rob the Goldman Jewelry Store near 52nd and Walnut streets after three of the defendants with you, and you have the gun or I give you the gun and say, ‘He gives you any s—-, you put a hole in his a—, right?’ Well, I got a specific intent to kill, that might be enough to sway the jury.”

But in a case where another defendant pulls a gun and shoots someone on his own, that specific intent necessary for a first-degree murder conviction does not exist with regards to the co-defendant, according to Malloy.

The issue was resolved by a Third Circuit ruling on a federal habeas issue in a separate case, said Malloy, but he believed it applied to Johnson’s case as well. His concern was that it might take years to go through various court levels before finally winning out in federal court, however.

“So I had a dialogue going back and forth with the law department in the Philadelphia DA’s office and they eventually agreed that I’m going to win in federal court,” he said. “And, to their credit, they recognized that. It’s a fact, at the end of the day … the Third Circuit has already ruled on this, they’re going to send it back and say, ‘You can’t do this,’ so let’s get to it.”

Court records indicate Johnson was granted a Post-Conviction Relief Act petition in March that vacated his original sentence and granted him a new trial. Malloy said negotiations continued with the Philadelphia District Attorney’s Office since then and the case was finally resolved with the no contest pleas entered Tuesday.

Malloy said he believes it is the correct resolution of the case. The commonwealth might have attempted to try Johnson again for first- or second-degree murder, but Malloy said his client was never going to plead to either of those charges or to conspiracy to murder.

“He’s 10 years beyond his maximum, 20 years above his minimum, so he’s done,” said Malloy. “He’s home free.”