Martha Ann Johnson

Case identification

Martha Ann Johnson (also known as Martha Ann Bowen) was an American serial killer from Georgia.

Background

Martha Ann Johnson (born 1955) murdered her three children by smothering them to death between 1977 and 1982. Murders Johnson was in her third marriage by the age of 22.

Her first marriage produced a girl, born in 1971. Her second marriage produced a son in 1975. Her third marriage, to Earl Bowen, produced a son and a daughter, born 1979 and 1980, respectively.

The offence

On September 23, 1977, Johnson claimed 23-month-old James William Taylor was unresponsive when she attempted to wake him up from his nap. He was rushed to the hospital, where he was pronounced dead. The cause of death was determined to be sudden infant death syndrome (SIDS).

On November 30, 1980, Johnson claimed her three-month-old daughter Tabitha Jenelle Bowen was blue when she went to wake her up from a nap. Paramedics were unable to revive Tabitha, and her death was also attributed to SIDS.

In January 1981, 31-month-old Earl Wayne Bowen was found with a package of rat poison. He was treated and released from the hospital, after which his parents claimed he began to have seizures.

On February 12, 1981, Earl went into cardiac arrest while being taken to the hospital during a seizure. He was revived and placed on life support; however, doctors pronounced him brain dead, and he was removed from life support three days later.

Johnson claimed her 11-year-old daughter Jenny Ann Wright was complaining of chest pains, for which a doctor prescribed Tylenol and a rib belt.

On February 21, 1982, paramedics found Jenny Ann face down on Johnson's bed with foam coming out of her mouth, but were unable to resuscitate her. An autopsy indicated that Jenny Ann had died of asphyxia.

Johnson and Bowen separated permanently, and Johnson remarried.

Investigation

In December 1989, an article in The Atlanta Constitution questioned the deaths, and the cases were reopened. Investigators determined that each child's death was preceded seven to 10 days by marital problems between Johnson and Bowen.

In 1982, the Clayton County Police Department responded to a call regarding the death of Jenny Ann Wright, Johnson's 11-year-old daughter. The state crime lab performed an autopsy and determined that asphyxiation was the cause of death. Johnson was informed that she was a suspect in the death of Jenny and the deaths of her three other children; however, no action was taken against Johnson until the case was reopened in 1988.

Arrest and confession

Johnson was arrested on July 3, 1989, and she confessed to killing two of her children.

During an audio- and videotaped interview between Johnson and an officer on July 3, 1989, at the Clayton County Police Department, Johnson admitted killing her daughter and also admitted killing her son J. W. Taylor. She denied causing the deaths of her two other children, Wayne Bowen and Tabitha Bowen.

After confrontations with Bowen, Johnson would suffocate the children by rolling her 250-pound body on them as they slept. She claimed the motive was to punish her husband.

Johnson claimed she was not responsible for the deaths of her two youngest children. By the beginning of her trial in April 1990, Johnson had retracted her confession. On April 30, 1990, she recanted the confession before her murder trial began, but the tape was still admitted into evidence.

Trial

On May 5, 1990, Johnson was convicted of first-degree murder for the smothering deaths of three of her four children and sentenced to death.

The appellant, Martha Ann Johnson, was convicted for the murder of her daughter and sentenced to life in prison. [1] We affirm.

During the trial, Charles Johnson described Johnson as a good wife and mother who could never do anything like what they were saying.

Johnson testified extensively before the jury and denied committing the murder. She did not rely on a character defense.

Evidentiary and legal issues on appeal

The evidence was sufficient such that a rational trier of fact could have found Johnson guilty as charged beyond a reasonable doubt.

Johnson argued that the trial court erred in admitting her confession into evidence over her objection. OCGA 24-3-50 provides: "To make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury." The decision to allow the appellant's confession into evidence was not error.

When asked about the probabilities that a child, such as one of the deceased children of the appellant, would die of Sudden Infant Death Syndrome (SIDS), the witness stated that "about 5% of these cases, and this is a very conservative estimate, might be due to causes similar to SIDS."

The witness was not a doctor, but a biostatistician qualified only to testify as to the method of calculation of the probabilities of independent events. Similarly, the pediatricians were not shown to be statisticians capable of commenting intelligently as to the accuracy of the witness' analysis.

The court disapproved of the admission of such testimony; however, in light of Johnson's confession, the admission of the statistician's testimony was harmless error.

Johnson also asserted that the trial court erred in failing to give a jury charge on good character. The testimony presented by Johnson's husband was not sufficient to raise good character as a defense. The court held that a character witness could testify only to the general reputation of the defendant in the community and was not permitted to give personal opinions as to the defendant's character. Johnson's testimony was viewed as opinion about his wife and not as reputation in the community. The trial court's refusal to charge the jury on character was affirmed.

Timeline of trial-related procedural points

A motion for new trial was denied on December 17, 1990. Notice of appeal was filed December 20, 1990, and the case was docketed February 7, 1991. The case was orally argued April 15, 1991.

Appeals

Georgias Supreme Court rejected Johnson's appeal in March 1991. The appellate decision included "JOHNSON v. THE STATE."

The decision stated that the evidence was sufficient and that admitting the confession into evidence was not error. The decision also addressed testimony about SIDS probabilities and concluded the admission of the statistician's testimony was harmless error. The court affirmed the trial court's refusal to charge on character and declined to address other issues raised on appeal as they did not constitute error.

Sentencing

The sentence was later commuted to life on appeal.

Johnson was sentenced to death and the sentence was later commuted to life on appeal.

Outcome

Johnson was convicted of first-degree murder for the smothering deaths of three of her four children.

Her sentence was commuted to life on appeal.

Aftermath

Johnson was currently housed at Pulaski State Prison.

Victims

James William Taylor

James William Taylor ("James"), 23 months old, died on September 23, 1977. Johnson claimed he was unresponsive when she attempted to wake him up from his nap. He was pronounced dead at the hospital. The cause of death was ruled as sudden infant death syndrome.

Tabitha Jenelle Bowen

Tabitha Jenelle Bowen ("Tabitha"), 3 months old, died on November 30, 1980. Johnson claimed she was blue when she went to wake her up from a nap. Paramedics were unable to revive her. Her death was ruled as sudden infant death syndrome.

Earl Wayne Bowen

Earl Wayne Bowen ("Earl"), 31 months old, was found with a package of rat poison in January 1981. He was treated and released, after which his parents claimed he began to have seizures. On February 12, 1981, he went into cardiac arrest while being taken to the hospital during a seizure. He was revived and placed on life support; doctors pronounced him brain dead; he was removed from life support three days later.

The appellate decision referred to the evidence as including denial of causing Earl Wayne Bowen's death by Johnson.

Jenny Ann Wright

Jenny Ann Wright ("Jenny"), age 11, died on February 21, 1982. Johnson claimed chest pains and that a doctor prescribed Tylenol and a rib belt. Paramedics found Jenny face down on Johnson's bed with foam coming out of her mouth and were unable to resuscitate her. An autopsy indicated Jenny had died of asphyxia.

Other details

In the appellate decision, the case included references to citations such as "Supreme Court of Georgia 261 Ga. 419, 405 S.E.2d 686" and to counsel listings including "Cowen & Cowen, Martin L. Cowen III, for appellant" and "Cox, Jr., for appellee." The decision also included "Michael Newton - An Encyclopedia of Modern Serial Killers - Hunting Humans Supreme Court of Georgia" and discussion of prosecution history and medical misdiagnoses.

Notes in the material also stated: the child's death occurred on February 21, 1982; the Clayton County jury returned its sentencing verdict on May 5, 1990; and a motion for new trial was denied on December 17, 1990.