Tag: retrial

Twins found not guilty in burning death of Phoenix

Baltimore brothers Travers and Tremayne Johnson have been found not guilty in the burning death of Phoenix, a pit bull doused with accelerant and set on fire in 2009.

Closing arguments were made today and the jury deliberated for less than an hour before pronouncing the brothers not guilty of a crime that led the city to reexamine and strengthen its animal welfare laws and procedures.

Phoenix — the name the dog was given after her rescue — was euthanized days after she was found, on fire, by a Baltimore police officer.

The first trial for the Johnson brothers ended in a hung jury in February 2011.

Baltimore City State’s Attorney Gregg Bernstein issued the following statement after the verdict:

“While I respect the jury’s decision, I am disappointed we didn’t achieve the outcome that we fought for during two challenging trials. Animal cruelty is a serious crime of violence, and those who commit it too frequently commit subsequent crimes of violence against humans. As we demonstrated in this case, we are dedicated to vigorously prosecuting individuals accused of this appalling offense.”

Defense attorneys for the Johnsons focused their defense on whether police mishandled the investigation and some of the evidence.

Craig Beyler, a fire protection engineer, called to the stand as an expert, testified that police mishandled clothing seized from the Johnsons’ South Baltimore home by mixing two pairs of jeans and a pair of sneakers in one bag. The clothing contained traces of an ignitable substance that could not be identified, but Beyler said it could have been a common chemical used in sneakers that might have transferred from the shoes to the jeans.

Prosecutors’ arguments linking the brothers to the burning centered mainly on a police surveillance video recorded from atop a pole near the crime scene.

No DNA, fingerprints or other forensic evidence connected the suspects to the crime.

A police sergeant identified the brothers in the video, in which two young men can be seen walking the dog minutes before the burning, and running away from the scene afterwards. A bystander, Tiera Goodman, told police soon after the incident she too saw the brothers run from the scene.

But Goodman refused to testify in the retrial. A video of her testimony from the first trial was played instead.

(Photo: WBAL)

Baltimore dog burning trial postponed again

For a fourth time, the animal cruelty trial of brothers Travers and Tremayne Johnson — accused of setting a pit bull named Phoenix on fire — has been postponed.

The new trial date  is Feb. 1 – nearly a year after the first trial ended with a hung jury.

Shortly before jury selection was to begin today, the trial was rescheduled because some key witnesses were unavailable this week, the Baltimore Sun reported

Prosecutor Jennifer Rallo requested the delay, saying a key witness in the state’s case has had a family emergency and will be unavailable for two weeks, possibly longer.

The twin brothers, after making bail on the animal cruelty charges, were arrested in connection with other crimes and are both in custody.

In the first trial, 11 jurors voted to convict the Johnsons, but one declined to do so.

Phoenix, as she was named after the incident, died days after she was doused with accelerant and set on fire on a Baltimore street.

Twins to be tried again in dog burning

Prosecutors said today that Travers and Tremayne Johnson, the twin brothers accused of fatally setting fire to a pitbull in 2009, will be tried again.

The first trial ended Monday in a hung jury.

The new trial is scheduled for May 4, ABC2 in Baltimore reported. 

The announcement came after a series of meetings held by the prosecutor’s office this week.

The dog, named Phoenix, was doused with accelerant and set on fire in the summer of 2009 — an act that would make headlines across the country, lead to the formation of a citywide animal abuse task force and provoke outrage from animal welfare advocates.

The five-day trial came to a close Monday after the jurors deliberated for more than 20 hours over three days, but couldn’t agree on a verdict. One juror wasn’t convinced of the brothers’ guilt in the attack, according to news reports.

New trial in Phoenix case? Prosecutors, citing gag order, say they are considering it

Will Baltimore twins Travers and Tremayne Johnson be retried on animal cruelty charges in connecton with the setting a pit bull on fire?

A May 4 date has been set aside at the courthouse, but prosecutors, citing a gag order issued by the judge, aren’t saying much more than that.

The trial of the twins charged with setting fire to the dog, who became known as Phoenix, ended in a mistrial Monday.

Deputy State’s Attorney Elizabeth Embry, at a meeting with animal advocates Wednesday, said prosecutors are holding a series of meetings to determine whether to retry the case.

According to the Baltimore Sun, she said the office expects to announce a decision soon.

Jurors deliberated for more than 20 hours over three days, but one juror wasn’t convinced of the brothers’ guilty, making a verdict impossible.

“We want to be very deliberative and are having a series of meetings to discuss the case,” Embry, said at the meeting, noting the gag order. “As soon as the decision is made, which will be shortly … we’ll be making an announcement.”