Terry Louis Johnson
On
the night of December 30, 1993 Sylvia Mosier returned to her
Taylorsville Utah apartment about twenty minutes after nine and her
life was never the same. Sylvia, a single mother, raising fourteen
year old Christopher had just been trying to make ends meet. To
supplement her job at a local restaurant she had also taken up
babysitting. On that day she was babysitting for Linda Johnson who
had a two month old son. Linda had been scheduled to pick the baby
up around five that night which worked out great since Sylvia needed
to leave a little before six to put in three hours at her other job.
But, Linda had called and was going to be later than expected,
putting in extra hours at her own job. Christopher had offered to
watch the baby until either he was picked up by one of his parents or
Sylvia returned home from work.
Sylvia
called a little after seven to check on things and Christopher had
indicated that things were fine. Christopher's grandmother called
him about 7:30 and they spoke to about five minutes. Again,
Christopher indicated that everything was fine and also mentioned
that the baby was still there. Whether Sylvia attempted to reach
Christopher two or three more times before she left work at nine
became a point of contention and in my opinion became more of an
issue than necessary. Regardless it seems that Sylvia called at least
twice between 7:45 and 8:00 and received no answer.
When
she returned home and got inside she did initially see or hear
Christopher. She would find him on the floor of her room in a puddle
of blood. An examination would show that she had been stabbed
fifteen times, once in the back and fourteen times in the chest and
abdomen area. Despite his age Christopher was large for his age and
he also had several defensive wounds on his arms, legs and hands
indicating he had not gone down without a fight. Investigators
would discover that a video camera, a 35 mm camera, a bar of soap and
money out of a piggy bank were missing. But, more importantly so was
the baby that Christopher had been watching.
Authorities
went to Linda Johnson's home, one in which she shared with her
husband, Terry, and received no answer. At this point they were
unsure if the baby had been picked up by a parent or had been
kidnapped. However, while they were there Linda arrived home. At
that time they collected two baby blankets and the clothes the baby
had been wearing. Linda told the investigators that her husband had
picked the baby up from the Mosier home. She had apparently not been
aware as she had also gone there around 8:15 or 8:30 but she had
received no answer at the door. After she returned home Terry had
called her saying he was at his friend's home and had been drinking.
He asked her to come and get the baby, and that was where she had
been coming from when she met officers at her door. The
investigators asked her to call Terry at his friends house and tell
him they wanted to speak to him. It was said that he immediately
went home and talked to the officers.
In
his first interview with investigators Terry stated that he had gone
to a class related to his job but had decided not to stay and he left
somewhere between 6 and 6:50. He estimated that he had gotten to the
Mosier home between 7 and 7:50. Terry said he went inside, things
seemed fine, he got his son and headed to his friend, Magey Hassan's
home, getting there somewhere between 8:30 and 9. After doing some
drinking he had decided it would not be safe for him to drive home
with the baby and called Linda to come and get him. He had stated to
officers that he felt Christopher was too young to babysit for the
infant.
A
few days after his first interview investigators talked to Terry
Johnson again. This time he stated he went to where the class was
being held but he decided that he wanted to drink and party instead.
He narrowed the time in which he was at the Mosier home to between
7:40 and 7:55. He claimed to have used the bathroom at the Mosier
home and stated that when he left Christopher was fine. In this
interview he also admitted that when he was at Magey Hassan's home
they had also done drugs along with the drinking of alcohol.
It
is unclear but it appears that it may have been at this second
interview that investigators asked for the clothing that he had worn
on the night of December 30th. His wife had stated that
he usually wore a green army jacket in the winter but he did not turn
one over to investigators. No evidence was apparently found on the
clothing.
In
1994 both of the baby blankets and the baby's clothing were tested
for DNA. There appeared to be “more than” one individual's DNA
which would not be unusual. It was said that the “primary and
strongest” DNA samples were consistent with Christopher Mosier's
blood. The report stated that he pattern found occurred in
“approximately 1 in 294,000 Caucasians.” It really did not seem
to be enough to take to court.
For
the next several years the case seemed to linger. In the meantime
two significant things seemed to happen. First, Linda and Terry
divorced and Magey Hassan had become sober and no longer did drugs.
Both Linda and Hassan had told investigators in 1993 that Terry did
not seem to be acting unusual on the night of the murder. They claim
he acted calm and fine. Years later Linda would also say that in the
beginning she had believed him and trusted him but that over time she
became convinced that he was involved. She claimed she stayed in the
marriage out of not just economic reasons but he had been abusive and
threatening. She knew he had a serious drug issue and things would
disappear from their home but she had homed things would change.
When it would be pointed out to her that in 1993 she made several
positive remarks about Terry she would claim “I was saying what I
needed to in order to survive.” But, Linda had gotten away. She
had left Utah a few years after Christopher was murdered and
apparently did not look back. When new investigators were looking at
the case again it took them a bit to find Linda, but they finally
did. They also found Hassan.
It
seemed a bit unclear exactly when Hassan allegedly told investigators
that when Terry had gotten to his home with the baby, alcohol and
crack cocaine he had gone into the bathroom and changed his clothes.
It was alleged that he told investigators that Terry was in there for
such a long time he went to check on him. When Terry came out of the
bathroom he put is clothes in a bag and when he left he took the bag
with him. Hassan also allegedly told officers that Terry had left a
bar of soap at his home. To be fair in 2004 Hassan would get on the
witness stand and say he never stated this to police. What seems
more clear and agreed upon is that Hassan claimed that two days after
the murder Terry had told him “he couldn't stab someone fifteen or
sixteen times” and could never do such a thing. This became
important because the amount of stab wounds had not been released.
In
2001 a new and upgraded type of DNA testing was available. However
only one of the baby blankets could be tested. Results stated that 5
of the 13 points matched Christopher and this came to be about 1 in
5.1 million people. This was much better than the original testing,
but they still seemed to need more.
Terry
Johnson was interviewed concerning the murder for a third time in
January of 2002. It was then that he stated he did not go to the
class after work at all and had instead gone to a “sexually
oriented business.” He then continued to admit going to the Mosier
home and using the bathroom. He claimed that he had not called Linda
to inform her he was doing this because he did not have her number.
Again he stated that Christopher was fine when he left. At this
interview he stated he had no issues with Christopher babysitting
even after being confronted with an alleged statement he made to his
wife stating otherwise. When asked about the green jacket Terry
stated that he never wore the jacket because it was too small for
him. Investigators allege that the jacket had once belonged to an ex
of Linda's and that man was much bigger than Terry. It was unclear
whether at this interview Terry denied that he had done drugs that
night or whether he was saying that Hassan had not done any drugs
despite the fact that by now Hassan had admitted it himself.
It
is not clear exactly when Terry was arrested and charged with
Christopher's murder, other than to say it was in 2002. His trial
would begin in June of 2004. Prosecutors would argue that Terry
admitted being at the Mosier home in the narrow time in which
Christopher had been killed. They believe that Christopher had to
have been killed between 7:35 when he hung up the phone from speaking
to his grandmother and 8:15 when Linda went to the home and did not
receive an answer at the door. Linda had even called Christopher's
grandmother to see if she had any information. The phone calls show
this and Terry admits that he had not called Linda and told her he
was picking up the baby. Prosecutors argued that the proof was in
the DNA that was found on the baby blanket that he had taken with him
when he had picked his son up. Sylvia Mosier testified of course but
one of the more interesting things involved the video camera that had
been taken from her home. She claimed on the stand that she had
generally kept it in the front room of her home but that Johnson had
come to the home once and seemed to strangely stare at the camera and
so she had moved it into her room later feeling uneasy.
As
far as the defense was concerned there was no proof what so ever that
Terry had committed the crime. They point to other people, including
a man Sylvia had been dating and a friend of Christopher's named
Brandon. Both of these men had been looked at. It was true that
Christopher and the man that Sylvia was dating did not have a good
relationship and had even had an argument just days before
Christopher was murdered. Authorities looked into him and his alibi.
They determined that the guy was a slimeball but not a murderer. At
the time Christopher was murdered it was proven that the man was a
good distance away, on a date with another woman. Brandon had also
reached the radar for investigators not only because he was a good
close friend of Christopher's but initially they thought he seemed to
know a lot about the crime. They were a little concerned with the
relationship initially because Brandon was several years older than
Christopher. But, Brandon and Christopher were both into video games
and that seemed to be all they did together. At Christopher's
funeral they overheard the rumors about Brandon seeming to have
information but they soon learned that while he did know things he
had been told by Sylvia.
As
far as the DNA being found, the defense could not really argue that
it did not belong to Christopher. But, they did attempt to argue
that there was no way of knowing when that blood had gotten on the
blanket. They argued that the Johnson baby had been in and out of
the Mosier home for nearly two months and that at any point and time
Christopher could have scratched even a finger that bled and touched
the blanket.
At
the trial Linda had apparently discussed several incidents of
domestic violence and her fear of Terry in their marriage. It seems
that in general the State of Utah does not allow evidence of past
domestic violence into the court cases but the state had argued that
it was the alleged domestic violence that had caused Linda to
initially lie to the investigators. Linda would speak of several
incidents, one that had occurred during a pregnancy and had caused a
miscarriage.
A
fellow inmate named Matt Rushton was an interesting addition to the
trial. At some point after Terry's arrest Matt Rushton went to the
police and said that he had heard a story about the murder of
Christopher Mosier. Now, just what that story was, other than the
fact that Terry Johnson was not involved is unclear. He claimed that
he had read Terry's “discovery” papers and it had reminded him of
this alleged story he had heard. Police interviewed Rushton again
later and he confessed that not only had Terry Johnson offered him
$100,000 to fabricate a story to the police, he had given him facts
to come up with the story. According to Rushton, Terry had told him
to make sure to include a person named Brandon. For his cooperation
at trial Rushton received a reduction of his charges from a third
degree felony to a Class A misdemeanor.
Despite
maintaining his innocence the jury found him guilty in the murder of
Christopher Mosier. In August of 2004 he was given a sentence of
five years to life. A 2007 appeal was denied. Attorney's had argued
several things such as the DNA, Rushton's testimony, Linda's alleged
domestic violence and of course the standby appeal issue...
ineffective counsel. In 2011 he again tried the latter in an appeal
and again it was denied. The Utah Department of Corrections does not
show any sort of parole date eligibility but according to a 2011 news
article he is not eligible until the year 2027. I cannot say that I
understand that or that it is for certain however.
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