Judge Asked To Throw Out Confession In Precious Doe Case

KANSAS CITY, Mo. (AP) Attorneys for the man accused of killing the little girl once known only as ``Precious Doe'' have asked a judge to throw out his confession. <br/><br/>Harrell Johnson's

Tuesday, December 19th 2006, 10:13 am

By: News On 6

KANSAS CITY, Mo. (AP) Attorneys for the man accused of killing the little girl once known only as ``Precious Doe'' have asked a judge to throw out his confession.

Harrell Johnson's attorneys allege that Kansas City police violated his rights when they questioned him in May 2005 in Oklahoma. Prosecutors contend that police acted properly.

Johnson, 27, of Muskogee, is charged with first-degree murder in the 2001 death of his stepdaughter, 3-year-old Erica Green. Her decapitated body, and later her head, were found in a wooded area.

It was not until May 2005, when Johnson and his wife were arrested and charged in Erica's death, that she was identified. Prosecutors are seeking the death penalty against Harrell Johnson.

His wife, Michelle Johnson, Erica's mother,is charged with second-degree murder and child endangerment. Her trial is set for Jan. 22.

Prosecutors allege Harrell Johnson kicked Erica until she was unconscious, then left her untreated as she lay dying for hours. Michelle Johnson is accused of failing to get help for Erica after she was injured.

Harrell Johnson's attorneys contend that police first coerced Michelle Johnson, 31, into making a statement and did not advise him of his rights before using her to get him to make admissions.

The two were arrested on outstanding warrants in Oklahoma, and held without bond until Kansas City police could arrive to question them two days later.

Defense lawyers contended that the arrest and detention were improper and that Harrell Johnson should have been freed on bond.

Prosecutors contended that there was a valid reason to deny bond, because the warrant was for not appearing in court on charges of driving without a license, public intoxication and pretending to be someone else.

A ruling on the defense request is expected next month.