No Compensation Available from State to Exonerated Lamar Johnson

A St. Louis judge ruled Tuesday that Lamar Johnson should be released from prison after he spent 28 years behind bars for a murder he didn’t commit. Circuit Judge David Mason found that two people, Greg Elking and James Howard, provided credible testimony that absolved Johnson in the slaying of Marcus Boyd.

Much of the conviction revolved around the account of an eyewitness who was later found to have been compensated and ultimately recanted his testimony that Johnson was one of the killers. A hearing on the case in December also featured dramatic testimony from Howard, who said on the witness stand that he and Campbell killed Boyd during a robbery attempt.

"This combined testimony amounts to clear and convincing evidence that Lamar Johnson is innocent and did not commit the murder of Marcus Boyd either individually or acting with another,” Mason wrote in his decision.

Now faced with the task of rebuilding his life after almost three decades in prison. Johnson will receive no help from the State of Missouri.

While many states offer compensation for people whose criminal convictions are vacated, In Missouri, compensation guidelines are very limited and Johnson will not qualify because the case did not hinge on DNA.

“In Missouri, that ability is really just non-existent. So Missouri does not provide compensation for individuals who are wrongfully convicted unless they’re exonerated through a very specific procedure in which that person is requesting DNA testing and that DNA testing leads to evidence that proves their innocence,” explained Tricia Rojo Bushnell with the Midwest Innocence Project.

State Rep. LaKeySha Bosley said Johnson spent 28 years in prison for a crime he did not commit because our justice system failed him.

“Mr. Johnson deserves more than just a pat on the back or money in his pocket, he deserves time,” said Bosley, D-St. Louis. “But because we cannot give him that, we can give him our best by providing adequate financial assistance, access to further education, housing, and other things the state effectively took from him. I urge the governor to work with members of the General Assembly to pass legislation that would offer restitution to Lamar Johnson, Kevin Strickland, and the other Missourians like them who have had their convictions overturned, or may have them overturned in the future.

“To Mr. Johnson, I am sorry our system took so much from you. As an innocent man, you deserved better from Missouri,” she added.

Despite the calls for restitution, Johnson said he wasn’t expecting anything from the state.

"Unfortunately, Missouri has spent thousands of dollars fighting innocence cases that come forward and it won't give a dime to anybody who was wrongfully incarcerated," he said. “That’s just the way Missouri chooses to handle that.”

The Midwest Innocence Project has launched a GoFundMe to help Johnson, which has nearly reached it's goal of $145,000, again highlighting the power of empathy in crowdfunding where the state of Missouri has failed.