CORTEZ JOHNSON - 2 yo (2008) - Columbia MO

The trial of the Columbia woman charged with second-degree murder in
the death of her 2-year-old son begins Monday with jury selection in
Platte County.
Keyonda Lumpkins, 27, was charged along with 27-year-old Horace
Johnson, in the death of their son Cortez Johnson. Horace Johnson's
murder trial is scheduled for December.



Cortez
died on June 25, 2008, from blunt-force trauma to the head, according
to an autopsy by the Boone County Medical Examiner's Office. The office
ruled the death a homicide in July 2008. According to the medical
examiner's report, Cortez was burned, cut and bound for an unspecified
amount of time before he eventually died from the blow to his head.
A probable cause statement filed by the Columbia Police Department
described burns to the child's face and neck that appeared to be in
different stages of healing, suggesting that he had been abused over a
period of time. In addition, the medical examiner found several burns
on his nose, lip, buttocks and genitalia.
Police found blood matching Cortez's DNA on the walls of the master
bedroom of the house Lumpkins and Horace Johnson shared at 1019 Elleta
Blvd. Blood was also found on duct tape discovered under a mattress and
on "a harness type of contraption consisting of belts tied and fastened
together," according to the probable cause statement.
The defendants were never married but were living together at the
time of Cortez's death. They’ve accused each other of causing the
injuries that led to the child's death, according to the probable cause
statement. Each suspect said the other "inflicted severe injuries on
Cortez by hitting him with a belt and an open hand."
After Monday's selection, the jury will be brought in from Platte County, just north of Kansas City, to hear the Lumpkins case.
In an unusual twist to the trial, Boone County Prosecuting Attorney
Dan Knight could be called to testify by defense attorney Kevin
O’Brien. Knight was present for the deposition of a witness who later
admitted to the prosecutor that she lied to him in the interview.
O’Brien argued in a motion that because the witness made that admission
to Knight, the prosecutor is now a potential witness in the case.
Neither Knight nor O'Brien returned phone calls for comment.
Assistant Prosecuting Attorney Richard Hicks said the state will
challenge the defense if Knight is called to testify during the trial.
Hicks said the state will present about two days' worth of evidence at the trial.

Lumpkins found guilty
Thursday, September 3, 2009 | 4:59 p.m. CDT; updated 11:40 p.m. CDT, Thursday, September 3, 2009
http://www.columbiamissourian.com/stories/2009/09/03/lumpkins-found-guilty/
BY Mina Mineva

COLUMBIA—A Platte County jury found Keyonda Lumpkins guilty Thursday of second-degree murder in the beating death of her 2-year-old son, Cortez Johnson.

She faces a minimum of 10 years to life in prison.

* Johnson sentenced for second-degree murder of toddler
* Horace Johnson found guilty of second-degree murder of son
* Expert witnesses testify about the severity of injuries to 2-year-old
* Witnesses testify about injuries to 2-year-old
* Trial begins for second parent in death of 2-year-old
* Jury selection to begin in Columbia toddler's abuse death
* Slain toddler's father not legal guardian, attorney says
* Mother sentenced to 24 years for second-degree murder of son
* Mother of dead 2-year-old takes the stand
* Family didn't observe any injuries before child's death

Throughout the three-day trial and in his closing argument, defense attorney Kevin O’Brien sought to portray Lumpkins as a victim and the boy's father Horace Johnson as a "controlling animal” and "a master in manipulation.” Aware of Lumpkins’ weakened condition from sickle cell anemia, Horace Johnson used it to his advantage, especially to keep her away from her child and his injuries, O’Brien said.

But Boone County Prosecutor Dan Knight asked the jury to view the case as an outright felony murder. In his final words to the jury before deliberations began, Knight said the toddler had endured 27 months' of misery, suffering and pain during his short life.

“Keyonda Lumpkins showed no mercy, and please, ladies and gentlemen of the jury, show her no mercy,” he said.

Knight told the jury that he was not trying to convince them that Lumpkins had inflicted the injuries that killed her son. He didn't have to prove that, he said. For the jury to find Lumpkins guilty of felony murder, the prosecution had to prove only that she left her son in an abusive environment knowing that he was being hurt.

Knight also characterized the defense’s witnesses — mostly members of Lumpkins' family — as biased and liars because they must have seen the injuries on the toddler’s body during the days leading up to his death.

To drive home his point, Knight held up for the jury to see once again the photographs of Cortez's body. As Lumpkins' family listened intently, the prosecutor pointed to specific injuries the Boone County medical examiner, Eddie Adelstein had testified about earlier in the trial — some of which were old burns and cuts, suggesting longtime abuse.

The child was brought to University Hospital with more than 200 injuries on his body from burns, cuts, and strikes to his head, which caused bleeding in his skull that led to his death, according to testimony earlier this week from MU neuropathologist Douglas Miller.

Johnson, 27, has also been charged in the death of his son. Johnson could not be called to testify in this trial because he is a co-defendant and is scheduled to go on trial in December, O’Brien, said.

When Judge Gene Hamilton read the guilty verdict, which the Platte County jury reached in two and a half hours, Lumpkins showed no emotion. But, after the jury and judge left the courtroom, she stared straight ahead and began to cry.

Lumpkins' family gathered around her mother, Sheila Lumpkin, and tried to comfort her. (Keyonda Lumpkins changed her name, adding the "s.") Family members declined to talk about the jury’s verdict.

In an interview after court was dismissed, Knight said the jurors did the right thing and that he was happy that they paid close attention to testimony and evidence.

"The next best thing to a confession is a provable lie," he said. "I established that (Lumpkins) fabricated her story that she was not aware of this abuse happening."

Knight said he would recommend she receive the maximum sentence.

O’Brien said he was disappointed, and that he would move for a new trial and prepare for the sentencing hearing on Oct. 5.

“We will probably use many of the same witnesses from her family,” O’Brien said. “Her family members love her and deeply care about her.”

The sentence hearing will be in front of Hamilton, who will decide Lumpkins' prison term.

Lumpkins sentenced 24 years for second-degree murder

Lumpkins' attorney will likely file for an appeal later this month.

By Samantha Sunne

Published Oct. 6, 2009
Keyonda Lumpkins was sentenced to 24 years in prison Monday for the murder of her 2-year-old son, Cortez Johnson.

Lumpkins' defense attorney, Kevin O'Brien, will most likely file for an appeal sometime this month, he said.

"We feel like there was some error in the trial," O'Brien said.

He declined to specify the errors.

Boone County Circuit Judge Gene Hamilton presided over the sentencing hearing, which took place in the Boone County Circuit Courthouse in Columbia.

Prosecuting Attorney Dan Knight asked for a life sentence.

"This is a horrible crime," Knight said. "(Cortez) died a horrible death. She showed Cortez no mercy and she deserves none from this court."

O'Brien called Lumpkins' mother, aunt and sister to the stand during the hearing. All three women testified that they had never seen Lumpkins abuse her son and that she loved him.

Lumpkins was found guilty of second-degree murder Aug. 31. Horace Johnson, Cortez's father, is also charged with second-degree murder and will face a jury this coming December.

"Cortez Johnson lived a life of horrible pain and suffering due to the defendant's neglect," Knight said during the hearing.

He cited incidents of abuse, such as Cortez's hands being duct taped behind his back, his mouth being covered with duct tape and being hit with a belt.

According to a Columbia Police Department news release, Cortez's cause of death was determined to be blunt trauma to the head after his unresponsive body was brought into University Hospital with multiple suspicious injuries.

The Boone County Medical Examiners Office ruled the incident a homicide and warrants for Lumpkins and Johnson arrest were issued a month later. Both were already incarcerated, Johnson for parole violation and Lumpkins for child endangerment, the release stated.

In an interview with police, Lumpkins stated she had been aware her child was being harmed and did not seek proper medical attention.

According to the release, she was subsequently arrested for first-degree endangering the welfare of a child and transported to Boone County Jail.

During the sentencing, Knight said Lumpkins had gone to the hospital several times for her sickle cell anemia, but had never taken Cortez to the hospital for his injuries. She had deliberated for hours after his death before she brought him to the hospital, he said.

"She loved her baby," Defense Attorney O'Brien said. "I don't think her culpability is the same as Horace Johnson's."
Comments (1)
http://www.themaneater.com/stories/2009/10/6/lumpkins-sentenced-24-years-second-degree-murder/

Horace Johnson found guilty of second-degree murder of son
Thursday, December 3, 2009 | 3:25 p.m. CST; updated 10:15 p.m. CST, Thursday, December 3, 2009
BY Alicia Swartz, Mina Mineva

COLUMBIA — A Clay County jury found Horace Johnson guilty of second-degree murder Thursday in the beating death of his 2-year-old son, Cortez Johnson.

Johnson, 27, dropped his head and covered his mouth with his hand when the verdict was read. In an untucked white button shirt, Johnson sat in his seat and slumped down.
The jury, made up of two women and 10 men, deliberated for 45 minutes before Boone County Circuit Court Judge Kevin Crane read the verdict at 12:13 p.m. Johnson faces 10 years to life in prison.

Johnson was convicted for his involvement in the abuse of his son, which ultimately led to the boy's death.

Cortez's mother, Keyonda Lumpkins, 28, was found guilty in September of second-degree murder for her involvement. She was sentenced to 24 years in prison.

Members of his family sat behind Johnson and silently cried. His family members declined to comment about the verdict.

Lumpkins' aunt Chenette Hill and other family members attended the trial, which started Tuesday evening.

"No words can describe how we feel," Hill said. "Either way, it does not bring my nephew back."

In closing arguments, Boone County Prosecutor Dan Knight reminded the jury he did not have the burden of proving who inflicted the deadly injuries, but that it occurred in Johnson's presence.

"A murder trial cannot get any stronger than this," he said.

"The day before Cortez died, he stood next to the defendant, while (Cortez was) held in the medieval-looking belt contraption," Knight said. "He could not have had an easier prisoner than his son."

Defense attorney Stephen Wyse said he believed the jury concentrated on the emotional impact of the pictures and not the facts.

"It is a horrible thing, and emotions are powerful," he said.

Knight said he believed the jury did the right thing and acted according to the law. The prosecution had more than 1,000 pictures to choose from to represent more than 200 injuries on the boy's body, Knight said.

Not all 200 injuries were in the 60 photographs the jury saw.

"Little Tez had injuries from the top of his head to the sole of one of his feet," Knight said.

The defense did not present any witnesses or evidence. Wyse said he believed the burden was on the state to prove Johnson's involvement and the evidence did not support that.

"We thought we had our case made," he said. "But we came up short."

Knight asked the jury to send a message to the community.

"Tell them our justice system is going to stand up for innocent victims — and that is all Cortez was. Nothing but an innocent little boy."

"(Cortez) didn't have anyone. He never had anyone in his life. All he ever had was you, the justice system," Knight said as he pointed to the jury before deliberations.

Wyse said he plans to file an appeal based on the legality of how the evidence was obtained. He said that Columbia Police Detective Joseph Jackson continued to interrogate Johnson after the defendant had asked for his lawyer six times.

Johnson also said Jackson threatened him to talk by showing pictures of his son to other inmates and telling him that inmates don't like guys who murder little kids, Wyse said. Most of the interrogation happened after the alleged threats, Wyse said.

Knight said he is going to recommend that Johnson receive a life sentence, saying that Johnson and Lumpkins were some of the "coldest people I have ever met in my 17 years of prosecution."

Johnson is scheduled to be sentenced at 1:30 p.m. Feb. 1, 2010, in the Boone County Circuit Court.

"I am going to do my best to take up for the little guy," Knight said.
http://www.columbiamissourian.com/stories/2009/12/03/horace-johnson-found-guilty-second-degree-murder/

Johnson sentenced for second-degree murder of toddler
Monday, February 1, 2010 | 5:34 p.m. CST; updated 10:46 p.m. CST, Monday, February 1, 2010
http://www.columbiamissourian.com/stories/2010/02/01/johnson-sentenced-murder-toddler-case/
COLUMBIA – Horace Johnson was sentenced to 30 years in prison Monday for second-degree murder in the June 2008 beating death of his son, Cortez Johnson, 2.

Horace Johnson sat slumped over in his chair as Boone County prosecuting attorney, Dan Knight, made an emotional plea to 13th Circuit Court Judge Kevin Crane to send Johnson, a convicted felon, to prison for the rest of his life.
He should be held fully accountable,” Knight said. “The sheer brutality of this case is off the charts.”

Knight gave a brief and emphatic description of the last days in the life of “Little Cortez.” He spoke of the child’s injuries — from the bruises on top of the boy’s head to the burn marks on the soles of his feet.

Knight told the court that “Little Cortez” also suffered from pneumonia, dehydration and malnourishment. “The most disturbing part is that the defendant has shown nearly no emotion at all,” he said. There is no defense, no excuse and no redeeming qualities in the defendant, Knight said, and for those reasons Johnson should spend the rest of his life in prison.

But Johnson's attorney, Stephen Wyse, argued, as he did during Johnson's jury trial, that his client was not the main offender in Cortez’s torture. Instead, it was the child’s mother, Keyonda Lumpkins, who caused the child's suffering, Wyse said, in arguing for a lesser sentence. He asked the judge not to forget that Lumpkins received a 24- year sentence.

According to trial testimony from the Boone County Medical Examiner's Office, Cortez Johnson died from blunt force trauma to the head, as reported earlier in the Missourian.

Following Wyse’s response to Knight’s plea for justice, Crane called Johnson to stand before him. When Crane asked him if there was any reason he was not ready to be sentenced, Johnson replied, “I don’t understand nothing you saying.”

Before Crane could finish reading the terms of his 30-year sentence, Johnson turned his back and began walking slowly toward the side doors of the courtroom. Two court bailiffs stopped him to keep him in the courtroom until Crane finished speaking.