Solana Beach woman, 61, may get new trial for 1991 slaying

By: TERI FIGUEROA - Staff Writer | Monday, November 1, 2004 8:44 PM PST ∞

A Solana Beach woman convicted of murder 13 years ago for shooting her husband will get a new trial, in which she will argue she was a victim of battered woman's syndrome, officials said Monday.

Superior Court Judge Joan Weber ruled last week to set aside the 1991 jury conviction of Patricia Joellen Johnson, who was convicted of shooting her husband Peter Johnson.

The San Diego County District Attorney's office will not appeal the judge's decision and instead plans to retry Johnson, office spokeswoman Gail Stewart said Monday.

The judge's decision last week was a substantial victory for Johnson, who cried "tears of joy" after the ruling, defense attorney Kathleen Cannon said.

Johnson was sentenced to 29 years to life in prison a few months after the February 1991 slaying.

Johnson, who goes by her middle name of Joellen, will be arraigned Nov. 29. At the new trial, the defense will argue Johnson's husband psychologically abused her.

Last year, Johnson, now 61, asked the court to grant her a new trial, contending that the absence of expert testimony about battered woman's syndrome kept her from effectively defending herself during her first trial.

The battered woman's syndrome defense involves evidence of repeated abuse showing that the defendant acted in self-defense, even if there was no imminent danger.

Presenting evidence of the syndrome, the defendant contended, would likely have meant a different outcome at her trial.

Johnson's request came after the Board of Prison Terms investigated her case in 2002 and partially substantiated her claims of battered woman's syndrome. According to court documents, the board's investigation determined it was possible that her husband was "attempting to force (Joellen Johnson) to a mental breaking point."

Joellen Johnson's attorneys ---- public defenders assigned to her case last year ---- argue that the Board of Prisons report suggests combined effects of physical abuse from an earlier marriage and psychological abuse from Peter Johnson.

Deputy District Attorney Kathryn Gayle, who is prosecuting the case, pointed out Monday that even though the Board of Prisons report found that battered woman's syndrome may have played a role, it did not recommend a pardon or commuting Johnson's sentence.

Joellen Johnson was convicting of shooting Peter Johnson on February 25, 1991. According to attorneys on both sides, the couple had been arguing about money that evening.

At one point, Joellen Johnson called 911, but her husband hung up the phone when she did, Cannon said.

Peter Johnson got upset and told his wife he was leaving her, Cannon said. She came around the bed and shot him twice, Cannon said.

When the police arrived, they found Joellen Johnson outside of the home, dazed, wearing a nightgown and holding the gun, Cannon said.

Her attorney at the time did not pursue a battered woman's syndrome defense.

In 1992, just a few months after Johnson's murder conviction, state codes changed to explicitly authorize the use of expert testimony relevant to battered woman's syndrome.

According to Tip Kindel, spokesman for the Board of Prison Terms, Johnson's case is one of just 124 cases that board investigators have reviewed since 1991, looking into the role of battered woman's syndrome in those cases.

The universe in which those cases are chosen for investigation is a small one. The reviewed cases must be for women sentenced to life in prison before 1992, and they must include claims of battered woman syndrome.

Contact staff writer Teri Figueroa at (760) 740-3517 or tfigueroa@nctimes.com.

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