Witness recants testimony in lewd conduct case
KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 9 years, 7 months AGO
SANDPOINT - A key witness in a case where a Moyie Springs woman was convicted of lewd conduct is recanting the testimony she gave to a Bonner County jury.
The witness advised Bonner County Prosecutor Louis Marshall on Wednesday that she was recanting her testimony against Heidi Julia Johnson, according to court documents.
The recantation came two days before Johnson was to be sentenced on lewd conduct charges in 1st District Court.
Johnson, 32, and her husband, Ernest "E.J." Ray Johnson III, were indicted by a Bonner County grand jury of repeatedly sexually abusing six children over the years. Heidi Johnson's parents, Frank and Diane Hankey, were indicted on a similar set of charges.
The couples are accused of using the children as sexual playthings for themselves and others. All four of the accused have maintained their innocence.
A jury convicted Heidi Johnson on three of the six lewd conduct charges following a four-day jury trial in April. Her husband and the Hankeys are awaiting trial.
Marshall notified Heidi Johnson's counsel, Deputy Public Defender Dan Taylor, of the recantation on Thursday.
"(The witness) told me that she wanted to change her story to say that nothing ever happened to her and she was treated well by E.J. Johnson and Heidi Hankey Johnson," Marshall said in a memo to Taylor.
The recantation prompted Taylor to move for a new trial and caused the postponement of Heidi Johnson's sentencing on Friday.
"Some unexpected issues have arisen," Judge Barbara Buchanan said during Friday's hearing.
Taylor moved on Friday for his client to be released on her own recognizance, arguing that Heidi Johnson has attended every court hearing in the case when she was free on bond and has limited means.
"I don't see where she could go or how far she could get," said Taylor.
Marshall objected, saying a release without bond or on a low bond would be "dangerous" because she has been convicted of three offenses that could land her in prison for the rest of her life.
"She clearly would be a flight risk at this point," said Marshall.
Buchanan reduced Heidi Johnson's bail to $10,000, reasoning that such a sum would certainly lead to her apprehension if she were to flee.
"A bondsman would find the person and bring them back," said Buchanan.
In her recantation, the witness said she was pressured to make the allegations against the Johnsons and Hankeys by a parent.
Marshall, however, doubts the truthfulness of the recantation, according to court documents.
"To be very clear, it is my opinion (that) her recanted statement is not credible," Marshall said in his memo to Taylor.
Marshall noted that the witness has been spending time with a person who is loyal to the Hankeys and that the Hankeys are accused of basically stalking the teen after Heidi Johnson was convicted.
In a handwritten statement attributed the recanting witness in May, she called her alleged abusers "monsters" and said Heidi Johnson deserved a lengthy prison term.
"I'm hoping she gets life in prison without a chance at parole," the witness, now 15, said in the statement.
In an undated statement, however, the recanting witness urged Marshall to seek a 15-year prison term, court records indicate.
A hearing on the defense motion for a new trial is set for Aug. 4.
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