Press Release
FOR IMMEDIATE RELEASE
Date: 09/30/2008

Contact person(s):

Media Coordinator, Hilary Moores - 565-3099 Media Spokesperson, Assistant District Attorney Christine M. Cook

Santa Rosa, Sonoma County, California

SUPERIOR COURT JUDGE RENE CHOUTEAU FINDS CRIMINAL DEFENSE ATTORNEY PROVIDED CONVICTED CHILD MOLESTER JONATHAN JOHNSON INEFFECTIVE ASSISTANCE OF COUNSEL

District Attorney Stephan Passalacqua announced that today Sonoma County Superior Court Judge Rene Chouteau has found that criminal defense attorney Chris Andrian provided Jonathan Johnson constitutionally inadequate representation during plea negotiations before trial in 2002.  Jonathan Johnson is serving a sentence of thirty-years-to-life after being convicted by a jury in 2002 of 40 counts involving sexual crimes against children between the ages of 13 and 15.  Two of the counts were charges of witness intimidation.

Johnson filed a petition for writ of habeas corpus in the superior court claiming that he received constitutionally defective advice from his attorney, Andrian, during the plea negotiation phase before his  trial.  After a lengthy evidentiary hearing and legal briefings the judge granted Johnson’s petition in a written ruling filed September 26, 2008.

The sex offenses Johnson was convicted of arose out of his role as a wrestling coach at a Sonoma Valley middle school.  Defense attorney Andrian represented Johnson in court and counseled him on plea negotiations and the potential consequences of conviction.  Judge Chouteau found that the advice Andrian provided was constitutionally defective and that Mr. Johnson relied on this advice to his detriment.  The court’s ruling allows the District Attorney 30 days to determine whether to retry Johnson, negotiate a plea agreement or reinstate a previous plea offer.

The District Attorney’s Office is working in close consultation with the Attorney General’s Office to review the court’s decision, including the possibility of filing an appeal of Judge Chouteau’s ruling.

Deputy District Attorneys Marianna Green and Bill Mount handled this matter for the prosecution.