By John Dobberstein, Editor
MUSKOGEE — Former NFL player LeShon Johnson, convicted on several dog-fighting charges last month, has asked a federal judge for a new trial, alleging prosecutorial misconduct and violation of his constitutional rights.
A motion filed Aug. 13 in U.S. District Court in Muskogee says Johnson was, “rushed to trial with newly brought-on counsel” who only had 3 weeks to prepare, and his lawyer, “failed to properly prepare and represent” Johnson, who is still awaiting sentencing.
Johnson’s motion also claims federal prosecutors suppressed exculpatory evidence they received from a private investigator from April. The filing says prosecutors lied to a federal judge to prohibit the investigator from testifying by saying he would he making arguments of sovereign citizen, “which is a complete fabrication,” Johnson argues.
Additionally, the filing alleges prosecutors presented videos of dogs fighting to the jury, “that were meant to solicit a strong emotional response,” even though the dogs weren’t owned by Johnson and he had “no connection” to them or the events in the videos.
The motion also takes issue with other pictorial evidence of injured dogs that Johnson believes were taken out of context.
Raids on Johnson’s Broken Arrow home and a field near Haskell yielded nearly 200 dogs that were taken into federal custody, all of which Johnson has agreed to forfeit. They have been in the custody of the U.S. Marshalls Service, being cared for at taxpayer expense.
Johnson was found guilty by a jury in U.S. District Court in Muskogee of 6 federal charges related to a dogfighting operation that prosecutors said he was running, but he was not found guilty on 16 other counts stemming from his March indictment.
Prosecutors said Johnson, 54, was allegedly running and profiting from dogfighting enterprises in Broken Arrow and Haskell through Mal Kant Kennels.
But in a court filing, Johnson notes the government could only produce one informant against him, who had bought a dog from Johnson and was caught fighting the animal. Johnson claims the informant was cooperating with prosecutors with obtain leniency on his crime, “and therefore possessed a great incentive to lie in court.”
The filing also alleges that legislation in the Animal Welfare Act passed in 1966, and the prosecution of Johnson in this case, “proves to have reduced the human rights, liberty and even the life of a black American man to a level lower than the dog(s) he owns.”
Johnson said U.S. District Judge John F. Heil instructed Johnson’s lawyer at the time, Billy Coyle, to not present arguments at trial about constitutionally protected rights.
Johnson enjoyed an illustrious career in college football and had a short career in the NFL before retiring. It’s the second time in 20 years Johnson has been the subject of dogfighting charges.
In 2004, Johnson and 30 others were hit with a variety of charges related to dogfighting after dozens of dogs were seized from Johnson’s possession at his residence in Tulsa and other locations. Johnson, according to court records, previously ran “Krazyside Kennels,” also out of Oklahoma, which led to his guilty plea on state animal fighting charges in 2005.
Faith says
Hi, Did you reach out to the aforementioned private investigator? Did you know Mr. Johnson is facing almost 1,000 years in prison over dogs legally considered his private property? Has the thought, “why did animals ‘receive’ rights 2 years after the civil rights act” ever cross your mind? (Think about the term “Indian Giver”) What about the intentions of the people who were behind the Animal Welfare Act of 1966? Did you ever read the research paper about how these same animal rights is how Hitler reduced Jews to the status of an animal to commit he atrocities he committed during the holocaust? Have you read the book titled, “God Gave Man Dominion the Foundation of American Government”? the Federalist Papers? The Bible (Freedom of Religion)?
There’s a lot missing in this article. Mr. Johnson is Constitutionally Protected to harvest his dogs like a cattleman harvests his livestock, like a shepherd harvests sheep and goats or a horse owner harvests their horses. Just because people have strong emotional opinions and beliefs over animals does not mean an American citizen can sit in prison for 1,000 years or until they die over the animals that they own. Beliefs and opinions do not supersede an American’s constitutionally protected right to have dominion over the animals they own.
It is upon my information and belief that the public defender in this case was sent the Constitutional Legal arguments and motions but she did not file them. And that the investigators involved in this multi year investigation in the DOJ were sent the information proving that the Animal Welfare Act of 1966 is unconstitutional.
You wrote this article so articulately and this is so important to get right, Mr Johnson is an accomplished, hard working, strong, talented, smart, generous and very loved African American Family Man. Unless he murders a human or hurts a defenseless child, why should he or anyone get over 900 years in jail over animals he owned. Millions of other American’s constitutionally protected rights are being violated as I type this because the government thinks it’s their job to protect animals from the humans who own them. That’s paganism and according to the constitution, we the People cannot be forced into that religion by the government. In my religion, Christianity, God gave man dominion over the animals, earth, fish and fowl that he owns. The Constitution protects humans from being slaughtered like animals like the “manimals” they are. That’s why we are the only Country on Earth that has Our Constitution.
I encourage you to reach out to the private investigator if you’re interested in learning more.
Jim says
Very thoughtful are articulate!! Well said!