Michael Johnson Indicted Again In Phylicia Barnes' Death
BALTIMORE (WJZ) -- A major announcement from the Baltimore City State's Attorney's office. The man tried twice for the murder of North Carolina teenager Phylicia Barnes was indicted again. Barnes disappeared in Baltimore in 2010; her body was found months later.
Rick Ritter has the latest on the indictment.
The press conference lasted only a few minutes. During it, Baltimore City State's Attorney Marilyn Mosby announced she will re-try Johnson on charges of second degree murder. She says her pursuit is justice.
Barnes' family is ecstatic.
It's a familiar scene for Michael Johnson, back under a microscope for the third time. Johnson was indicted for the murder of 16-year-old Phylicia Barnes.
"I'm ecstatic that they did indict him again," said Barnes' father, Russell Barnes.
It puts the case back in the national spotlight.
"Our pursuit is justice and this is procedural and I want to make sure we're clear and making every effort to pursue justice," Mosby said.
In December of 2010, 16-year-old Phylicia Barnes disappeared, sparking one of the largest manhunts in Baltimore history. The teenage honor student was in town visiting her half-sister when she vanished. Months later, her body was found floating in the Susquehanna River. Johnson was the last person to see her alive.
"There's no doubt in our mind---in my mind---that Michael Johnson did murder Phylicia," Russell Barnes said.
Johnson has been in and out of court since.
In 2013, he was acquitted of first degree murder charges at his first trial but convicted of second degree murder. Weeks later, a judge granted him a new trial.
In 2014, a judge declared that trial a mistrial. Just weeks ago, a judge granted a motion for acquittal. Johnson, jailed since 2012, was set free.
On Tuesday, Johnson was indicted again on second degree murder charges. It raises questions about double jeopardy---something Mosby says the case is not an example of.
"When a mistrial has been declared in a criminal case, the state is entitled to try the defendant again. It does not constitute double jeopardy under most circumstances," said legal expert Andrew Levy.
The indictment gives Phylicia's family a sense of hope once again.
"When you have a murder like this in your family, you have to go all the way," Russell Barnes said.
To clarify, Johnson will not be jailed. A judge refused to issue an arrest warrant. A summons was issued and served.
Johnson has maintained his innocence in Barnes' death. He's due in court on February 26.