Defense unable to establish claims of abuse, child porn from any other witness
By Vicky Wedig
SLN Staff
Accused murderer Alan Johnson is expected to take the stand in his own defense Thursday afternoon on the fourth day of his trial for first-degree intentional homicide.
Johnson’s attorney, Stephen Hurley said the court improperly forced Johnson to testify by not allowing the defense to question any other witness about the victim, Ken Myszkewicz’s, alleged abuse of Johnson and his family and use of child pornography.
“I believe the court’s rulings have forced Mr. Johnson to testify,” Hurley told Judge Kristine Drettwan after the jury was excused for the morning Thursday.
Drettwan then questioned Johnson to ensure he understood his right to testify or not testify, to which Johnson responded, “I would like to testify.”
The 32-year-old is charged with killing Myszkewicz, 43, his brother-in-law, at Myszkewicz’s Whitewater home Oct. 25, 2016.
The prosecution rested its case Thursday morning at which time Hurley moved that the charges against Johnson be dismissed, saying the state offered no evidence that inferred Johnson went to Myszkewicz’s home the night of Oct. 25, 2016, with the intent of killing him or committing a theft. Johnson also is charged with burglary in the case.
Drettwan denied the motion, citing law that says she must consider the evidence presented in the light most favorable to the state about whether Johnson went to the home with the intention of committing a felony. She said one can reasonably infer from the evidence – that Johnson went to the home of Myszkewicz from whom he’d been estranged for about a year and had “a problem with” in the middle of the night, uninvited and while armed – that Johnson intended to commit a felony.
Drettwan said Hurley will be allowed to question Johnson about things that happened to him such as being molested by Myszkewicz and finding child pornography on Myszkewicz’s computer. But, she said, Johnson may not testify about things he thinks happened to other people, such as Myszkewicz’s mistreatment of Johnson’s sisters and nephew, unless the court makes a finding that Johnson has established a reasonable basis for self-defense.
Watch mywalworthcounty.com for continued updates on the trial as it progress, and see Southern Lakes Newspapers’ Nov. 9 editions for full coverage.
