OTTUMWA —
A man sentenced to life in prison for murdering his wife in Ottumwa will not get a new trial, get a lesser sentence or have his conviction overturned, the Iowa Court of Appeals decided.
Christopher Johnson appealed his first-degree murder conviction, which had been rendered at the Wapello County Courthouse in District Court. He had stabbed his wife, Anessa Pherigo-Johnson, in June of 2010, killing her.
Johnson claimed his lawyer provided “ineffective assistance in failing to object and move for a mistrial” after an error was made during the trial.
“We find Johnson cannot prove ... a breach of duty by his attorney. It was Johnson’s attorney who first [mentioned during the trial] whether Johnson had a plan to kill his wife. [But the] court instructed the jury to disregard the question and answer regarding Johnson’s intent ... and we have no evidence the jury did not follow the court's instruction.”
Johnson’s real “problem,” said one witness to the trial, is there was so much evidence in the case.
“I thought the medical examiner presented an excellent summary of what happened, of the heinousness of the attack,” said Cheryl Brown, executive director of the Crisis Center in Ottumwa.
The center has been offering support to the Pherigo family, who held a vigil two weeks ago to both recognize the second anniversary of Anessa’s death and warn against the dangers of domestic violence.
Johnson also claimed in his appeal there was insufficient evidence to support premeditation.
Premeditation doesn’t have to be an hour or day earlier, the prosecutor had said during the trial. It can be a matter of seconds. Johnson made a decision, then took steps in order to make that happen.
The prosecutor said that people typically don’t keep a butcher knife in the living room. The man had the time to walk to and from the kitchen to reconsider what he was about to do, the prosecutor said.
Besides, said Brown, from what she saw at the trial, maybe Johnson could have argued that the first knife wound was an unplanned act.
“Maybe,” she emphasized.
But by the legal definition presented by the state during the trial, the second stab wound in this case was premeditated.
“And the sixth one was,” said Brown. “It’s hard to argue with evidence, and obviously, the court of appeals felt that way, too.”
Court of Appeals ruling: “The evidence of Johnson’s intent to kill his wife was overwhelming [and] there was sufficient evidence of Johnson’s premeditation to support the verdict of first-degree murder.”
Maybe this ruling will help others, said Brown.
“It’s always positive when someone has been held accountable for their actions,” she said. “Hopefully, this will get the attention of both sides.”
The abuser sees how bad things can get, both for their partner and for themselves.
“Nobody wins,” said Brown,
She said the spouse in these cases is killed, their family suffers terrible pain, and so does the attacker’s family, as they deal with such a crime committed by someone they love upon someone they may have also loved.
Yet even if none of that mattered to a spouse, they should, Brown said, just for themselves, want to avoid a lifetime in prison. She recalled a powerful photo shown in court by the prosecutor. The killer didn’t even seem to treat the victim as a person, she said.
“How can you dehumanize someone that much?” Brown asked.
For Your Information
Help is available for those who may be in an abusive relationship. You or a friend can call the Crisis Center at 641-683-3122 or 1-800-464-8340. All services are free.
They cover six counties, including Appanoose, Davis, Jefferson, Monroe, Wapello and Wayne.
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