High Court to Review Case of Death Row Inmate

In an unusual move, the California Supreme Court has decided to examine the possibility that a Northern California man on Death Row may be innocent.

The court--which in November had affirmed the death sentence--acted after attorneys for Willie Darnell Johnson, 32, presented evidence that his now-dead brother may have committed the 1986 robbery and murder that put Johnson on Death Row.

The court gave state prosecutors until July 26 to file a response. After reviewing the state’s pleading, the court could order a hearing on the new evidence before a referee or a Superior Court judge.

Johnson, a former Richmond resident, was convicted of the murder of Willie Womble during a robbery of her Richmond home. Womble’s daughter, Angela, was also shot during the robbery and identified Johnson as the triggerman.

Allen Duchine, a co-defendant in the crime, now says that Johnson’s older brother, Timothy, was his accomplice. Duchine says he pinned the murder on Willie Johnson because he feared the older brother.

According to the defense petition, Timothy Johnson admitted to friends that he had committed the killing but did not come forward because he believed that his brother would be acquitted. Later, after his brother was sentenced to Death Row, Timothy Johnson was overcome by guilt and started using drugs heavily, his friends say.

Timothy Johnson was killed in 1989, the victim of an apparent drive-by shooting.

Barbara Nichols, identified by defense attorneys as Timothy Johnson’s closest friend, said he told her he was responsible.

He told her that he forced Duchine to say his younger brother was responsible, threatening to kill Duchine’s family if he told the truth, Nichols said.

The attorneys for Willie Johnson also presented evidence that the two brothers were similar in appearance and both wore an earring.

Attorneys for Johnson were not available for comment. Deputy Atty. Gen. Deane Gillette said the state will “make whatever showing is appropriate to establish” that Johnson’s conviction should stand.