[Cite as State v. Johnson, 2014-Ohio-2638.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99715
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
EDWARDLEE JOHNSON
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-12-564315-B
BEFORE: Keough, J., Celebrezze, P.J., and E.A. Gallagher, J.
RELEASED AND JOURNALIZED: June 19, 2014
ATTORNEYS FOR APPELLANT
Erin R. Flanagan
1370 Ontario Street
2000 Standard Building
Cleveland, Ohio 44113
Russell S. Bensing
1370 Ontario Street
1350 Standard Building
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Jennifer L. O’Malley
Brent C. Kirvel
Assistant Prosecuting Attorneys
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
KATHLEEN ANN KEOUGH, J.:
{¶1} In 2012, defendant-appellant, Edwardlee Johnson, was indicted for the
murder of Carlos Coates. He was charged with one count each of aggravated murder,
murder, and two counts of felonious assault, with each count also containing a notice of
prior conviction, repeat violent offender specifications and one- and three-year firearm
specifications. He was also charged with having a weapon while under disability.
Johnson waived his right to a jury trial on the weapon while under disability count and the
notice of prior conviction and repeat violent offender specifications. The remaining
counts and specifications were tried before the jury, where the following evidence was
heard.
{¶2} Cleveland police officer Carma Crosby testified that she was working with
officer Greg King in the early morning hours of June 12, 2012, when they responded to a
call for females fighting in the area of East 169th, Grovewood, and Ozark Streets. When
they arrived, they were flagged down by a female, later identified as Dionne Green
(“Green”), who told them her cousin had been shot. The officers then called for EMS.
According to Crosby, Green stated during her on-scene interview that either “Ed or
Capone” shot her cousin.
{¶3} Also responding to the call for females fighting was Cleveland police officer
Edward Csoltko. He testified he saw a male, who was identified as Carlos Coates, lying
in the doorway of the house. As he looked for shell casings around the house, Csoltko
found a car key underneath the bushes in the front of the house that belonged to the Jeep
parked in front of the house.
{¶4} Homicide Detective Melvin Smith responded to a call for a male shot on East
169th Street in Cleveland. He testified that he spoke with the responding officers,
investigated the scene, and conducted on-scene interviews with Green and Joe Fussell
(“Fussell”). As a result of those interviews, he learned the names of potential witnesses
and suspects including, Tamera Coleman, “Capone,” “Ed,” and “Leon,” whose street
name was “Light Skin.”
{¶5} After completing the investigation of the crime scene, he and partner,
Detective Sandoval wanted to interview Peter Council, the owner of the Jeep Liberty that
was parked at the crime scene. While in route to speak with Council, Detective Sandoval
received a call from “Capone,” whose real name is Miekal Gale. They learned that Gale
was at University Hospitals and wanted to speak with them.
{¶6} According to Detective Smith, Council was surprised to see homicide
detectives at his door and that his vehicle was involved in any situation. However, Smith
testified that it appeared that Council already knew that his vehicle was not with Gale,
who was the person he lent it to last. As a result of the interview with Council, Smith
learned Council received instructions by Gale to report the car stolen. Smith further
learned that both Gale and Tamera Coleman lived in the same apartment complex as
Council.
{¶7} After interviewing Council, they went to Gale and Coleman’s apartment and
located Coleman. Smith described Coleman’s appearance as being a “rough state of
being, hair all over her head, somewhat intox[icated], and lethargic.” Coleman indicated
to Smith that she expected to see them and agreed to go down to the Justice Center for
questioning.
{¶8} Smith testified that Coleman was dishonest with them during questioning,
specifically that she did not know of anyone named “Ed.” After Coleman was advised of
her constitutional rights, she agreed to continue talking with them, but the interview was
terminated because Coleman continued being dishonest with them; Coleman was arrested.
{¶9} About an hour later, Smith learned that Coleman wanted to speak to him
again. During this interview, Coleman stated she wanted to be honest and admitted that
she knew “Ed,” and that she considered him as her brother because of his relationship
with her deceased brother. She further admitted that Gale was her live-in boyfriend, a
fact which she previously denied.
{¶10} A few days after the interview with Green, Smith learned that “Light
Skin’s” real name was Leon Howard. He also learned that Fussell was not honest with
him at the crime scene about his whereabouts that morning. Smith further testified that
Fussell, Howard, and Gale all avoided giving the detectives a formal statement, and when
Gale finally met with detectives, he was uncooperative, and his attorney was present.
{¶11} According to Smith, Howard was difficult to locate. It was not until Smith
learned that Howard’s father was a retired police officer and made contact with him were
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