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Second jury to consider murderer's sentence
By Times staff writer © St. Petersburg Times, published January 25, 2001 TAMPA -- Already sentenced to die for murdering one woman, Ray Lamar Johnston will get a chance to convince a jury that he shouldn't get the death penalty a second time for another killing. Circuit Judge Rex Barbas said Tuesday that he will throw out a jury's recommendation of death and convene a new jury to consider Johnston's punishment for killing Janice Marie Nugent, a 47-year-old licensed massage therapist. A jury found Johnston, 46, guilty in October of murdering Nugent, who was found beaten and strangled in the bathtub of her Seminole Heights home in February 1997. By a 7-5 vote, they recommended that the state put Johnston to death. Barbas was scheduled to decide Johnston's sentence this week. Instead, he will hold a new sentencing trial to correct an error that he said occurred during the original phase. Barbas said prosecutors did not give Johnston's public defender proper notice that they would argue that Johnston killed Nugent to eliminate her as a witness to his crimes. Assistant State Attorney Jay Pruner said Wednesday that he raised the issue to respond to arguments made by Johnston's lawyers, who wanted the jury to spare his life. They argued that Johnston had a mental defect that prevented him from controlling his impulses, Pruner said. Pruner told jurors that Johnston had learned to kill his rape victims to eliminate them as witnesses. Johnston also has been convicted of murdering LeAnne Coryell, a 30-year-old mother and dental assistant. He was sentenced to death. Recent coverageBreach of security? (November 3, 2000) 2nd jury agrees: Killer should die (October 19, 2000) Murderer is guilty again (October 7, 2000) Judge sentences man to die for strangling woman (March 14, 2000)
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