Prosecutors Seek Johnson’s Records

Prosecutors demanded Tuesday that the military and mental health records for accused killer Michael Raymond Johnson be turned over to the district attorney’s office so that they can determine whether to seek the death penalty.

The documents have been sealed in a court file, and although defense attorneys indicated that they are familiar with the contents, prosecutors said they have not seen the papers.

“One of the matters we are particularly interested in are the military records and mental health records,” Deputy Dist. Atty. Matthew Hardy said. “I would like to have a copy.”

Johnson, 49, a former drug counselor, is accused of shooting Ventura County Sheriff’s Deputy Peter J. Aguirre to death in Meiners Oaks in July.

Defense attorneys have suggested that Johnson suffers from a delusional disorder brought on, in part, by a tour in Vietnam that caused him to act “crazy” the day of the shooting.

Charged with murder, kidnapping and related charges, Johnson faces special allegations that would make him eligible for the death penalty if convicted.

Prosecutors have not decided whether to seek the death penalty and want to first see the contents of the closed documents, Hardy said.

“That may very well help us resolve the death penalty in this case,” Hardy said, asking Judge Steven Z. Perren to issue an order to make the records available.

But at the request of Deputy Public Defender Todd Howeth, Perren agreed to postpone the matter to a Dec. 30 hearing.

Johnson was scheduled to be arraigned in Superior Court on the murder and related charges Tuesday after a weeklong preliminary examination last month. Municipal Judge Edward Brodie ruled at that hearing that ample evidence suggests that Johnson killed Aguirre and should be held for trial. The arraignment was postponed until Jan. 24.