1983 Monterey County murder conviction overturned under new law requiring prosecution to re-prove guilt
SALINAS, Calif. (KION) A 1983 murder conviction has been overturned under a new law requiring the prosecution to re-prove guilt beyond a reasonable doubt.
Alfred Johnson was convicted by a jury of murdering 25-year-old Steven Edwards in 1983, but a new law that took effect in 2019 allows convicted murderers to claim that they were convicted under legal theories that the legislature no longer allows. If a convicted person makes that claim and the existing court record does not completely eliminate the possibility that the person was convicted under one of the theories, the prosecuting agency has to prove beyond a reasonable doubt that the person is still guilty of murder under the current law, according to the Monterey County District Attorney's Office.
Johnson was convicted by a unanimous jury, and the conviction was affirmed when it was appealed, but in the 38 years since the conviction, the DA's Office said records of the trial and evidence from the police agency were lost or destroyed. The prosecution was only able to provide a partial preliminary hearing transcript during an evidentiary hearing, so the judge ruled that the prosecution did not re-prove Johnson's guilt beyond a reasonable doubt.
Johnson's murder conviction was overturned, and he was re-sentenced to six years for two counts of assault with a gun, which the DA's Office said were deemed serve. The judge sentenced Johnson to three years on parole.
When the judge gave the new sentence, the DA's Office said Johnson asked to address the court and began singing "an upbeat, celebratory song."
The DA's Office said Edwards and Johnson got into a fight at the Seasider Bar two days before the murder. Edwards reportedly called Johnson a rapist and Johnson, who was on parole for rape, became angry. He shoved a police officer and tried to attack Edwards, but slipped and fell. He was arrested and released.
A factual statement from the previous appeal and the partial testimony from the preliminary hearing say that Johnson was driving his co-defendant, Frank McCormick, through the bar's parking lot on the day of the murder when Johnson saw Edwards in the passenger seat of a vehicle. The DA's Office said Johnson circled around and returned, parking near the vehicle with Edwards inside. Johnson then told McCormick to watch his back, according to the documents, and they got out of the vehicle and approached Edwards. Johnson tried to beat Edwards through the window while McCormick held a gun to the driver's head. McCormick reportedly told the driver to "go for it" and Johnson replied, "Yeah, and you'll die too." McCormick shot and killed Edwards at that point. Someone passing by said to call an ambulance, and Johnson reportedly told them not to. The two left the scene together and went to McCormick's house, where they were arrested. Johnson told police he was not at the scene of the shooting.
