Jury Hears Clashing Expert Testimony; Incriminating Video Left Out of Evidence
The third and final day of testimony in Michael Johnson’s trial began Thursday with arguments over incriminating statements made by the defendant that ultimately were never presented to the jury.
Johnson, 42, of York, Pa., is charged with multiple counts of attempted murder, rape and assault for allegedly strangling and raping his then 19-year-old girlfriend.
Johnson faced murder charges more than a decade ago and was eventually acquitted in the killing of 16-year-old Phylicia Barnes in Baltimore City after a lengthy legal battle that included three trials.
On Thursday, with the jury not yet in the courtroom and most of the gallery still empty, Assistant State’s Attorney John Magee asked Judge Jan Alexander to admit two short clips of police body camera footage.
The clips were recorded July 1, 2024, the day Johnson was arrested in his girlfriend’s Rosedale apartment after she accused him of raping her and repeatedly strangling her over the course of about six hours.
In the video, Johnson tells a police officer, “I kind of grabbed her, choked her, and slammed her down.”
In a second clip, Johnson can be heard saying, “I kind of choked her and slammed her down on the bed.”
Johnson’s defense attorney Allison Friedman asked that the entirety of Johnson’s statement be played for the jurors, not just the shortened clips, saying they added important context.
Johnson’s full statement, Friedman said, was:
“She hit me on my head. She hit me and busted my nose. I ain’t gonna lie to you. Once she started hitting me, I did grab her and I kind of grabbed her, choked her and slammed her down.”
The judge ruled the full statement would need to be played for jurors.
In earlier testimony, the lead detective in the case, Timothy Lee, said Johnson had a small cut to his head and scratches to his forearm the day he was arrested.
Both sides rested Thursday without the video coming into evidence.
Much of Thursday’s testimony focused on the findings of a neurologist from the Greater Baltimore Medical Center who reviewed the young woman’s forensic exam records.
Dr. Ellen Deibert testified that the alleged victim’s symptoms — including a swollen tongue, burst blood vessels in both eyes, loss of bladder control, and tiny blood blisters called “petechiae” on her neck—were consistent with a “prolonged and severe strangulation event.”
She said death from a chokehold can occur within 60 seconds.
“This event did risk her life,” Deibert said.
The defense team’s expert witness, an emergency medicine doctor from Boston, also reviewed the alleged victim’s records and came to very different conclusions.
Dr. Maureen Canellas said none of the teen’s symptoms definitively amounted to a diagnosis of strangulation.
Canellas said, in her opinion, the young woman’s tongue did not appear swollen in the photos she reviewed, and the burst blood vessels likely came from a punch to the face.
She also said the spots on the alleged victim’s neck that a forensic nurse and Deibert reported seeing likely were not petechiae.
Petechiae are tiny, pinpoint red or purple spots on the skin caused by small blood vessels breaking and leaking under the skin. They can be associated with strangulation. Canellas told jurors petechiae can have a variety of causes, including insect bites.
Both Deibert and Canellas agreed that half of all strangulation cases don’t show any visible signs or symptoms.
“There is nothing specific to near fatal strangulations,” Canellas said. She said the victim was breathing comfortably, her oxygenation was normal, she had no heart issues, and nothing of note was found on her CT scan.
“I’m not saying she wasn’t strangled,” Canellas said. “I’m saying you can’t comment on the length of the possible event or the severity of that event because you don’t have those objective medical findings.”
Johnson opted not to testify. The jury is expected to begin its deliberations after closing arguments Friday.