Appeals court denies request for DNA testing in baby sitter murder case
For the second time this week, a Utah court has denied a convicted killer's request for DNA testing.
Terry Louis Johnson, 51, was convicted in the 1993 stabbing death of a 14-year-old boy baby-sitting his infant son. On Thursday, the Utah Court of Appeals ruled Johnson can't have DNA evidence re-tested now because his defense attorney "made a tactical decision not to request DNA testing at the time of trial."
Christopher Mosier's murder went unsolved for years, until investigators used improved DNA testing technology on blood spatter found on a baby blanket that belonged to Johnson's son.
Johnson's defense attorneys claimed during his 2004 trial that the bloodstain was old and degraded, arguing Christopher's DNA could have been put there days, or even weeks, before he was killed.
The Utah Supreme Court has already refused a request to reconsider Johnson's sentence, denying claims Johnson's trial attorney was ineffective.
The Board of Pardons and Parole has set Johnson's parole hearing for January 2027. At that point, he will be 65 years old and will have served 25 years in prison.
A Utah judge also denied a request for more DNA testing Wednesday in the case of a George Hamilton, who was convicted of murdering a college hitchhiker in 1985.
Fourth District Judge James Brady ruled in that case that Hamilton, 68, hadn't shown the evidence is in "testable condition" or that testing the evidence could prove he's "factually innocent."