Parents cleared in death by stings

A jury acquits a couple who didn't seek immediate help for their son, who died after being stung by hundreds of wasps.

By JOE HUMPHREY

© St. Petersburg Times, published August 4, 2000

TAMPA -- Jury foreman Thomas J. Shaw listened intently as the state presented its case against Wylie and Kelly Johnson.

One witness at a time, the prosecution tried to convince Shaw and five other jurors that the Johnsons neglected their 2-year-old son, who died hours after he was attacked by hundreds of yellow jackets.

[Times photo: Ken Helle] Wylie Johnson, left, and his wife, Kelly, hug their attorney George Tragos after a jury acquitted the couple of neglect charges.

But after 10 witnesses, Shaw said, the case just didn't add up.

Witnesses for the prosecution seemed to help the defense, he said, supporting the theory that the boy never appeared to need medical help.

On Thursday, a jury led by Shaw acquitted the Johnsons of aggravated child neglect.

"We're not saying they are the smartest people in the world," said Shaw, "but they were not guilty by the law."

When the verdicts were read Thursday, the couple broke down in tears, overcome by the emotions of an ordeal that lasted nearly two years. Until 83 minutes of testimony Wednesday, the Johnsons had never spoken publicly about their son's death.

After the verdict, they again were silent, referring all questions to defense attorney George Tragos.

Johnson, 38, and Mrs. Johnson, 37, stood by his side, holding hands, as Tragos criticized the state's decision to prosecute.

"They ended up hurting people who were caring for their children," he said.

The Johnsons did make one small statement. As they boarded an elevator outside the courtroom, they erupted with a jubilant "whew!"

The Johnsons' troubles began Sept. 28, 1998, the first day of a family vacation in Town 'N Country. Their son tripped on a nest full of wasps and was stung 432 times.

Instead of seeking medical help, his parents treated him with a bath of skin-soothing oatmeal. By the time paramedics were summoned seven hours later, it was too late.

Harrison died after venom from the wasps caused his brain to swell, the medical examiner said. It's possible, but not certain, that Harrison could have been saved with earlier intervention, doctors said this week.

But the doctors' testimony apparently didn't sway the six male jurors. What might have, testimony on the Johnsons' religious beliefs, never made it to trial.

Before jury selection, Hillsborough Circuit Judge J. Rogers Padgett, responding to a motion by the defense, barred testimony regarding the Johnsons' religious beliefs, which discourage medical treatment and compare medicine to sorcery.

When Johnson took the stand Wednesday, prosecutor Chris Moody tried to ask about his medical beliefs -- a move quickly thwarted by Padgett.

Religion possibly would have played a role in the state's strategy. Moody left the courtroom moments after Thursday's verdict and was unavailable for comment, as was State Attorney's Office spokeswoman Pam Bondi.

But defense attorney Tragos said the state planned to use religion in its case, even though, Tragos claims, faith played no role in the Johnsons' decision.

"It's a shame in this country that religion can be used as a hammer against people," he said. "But that's what (the state) tried to do."

Hours earlier, Tragos used a legal maneuver to damage the state's case.

Each side was allowed 45 minutes to give a closing statement. Moody spent 21/2 minutes laying out the basics, saving the details for a rebuttal to Tragos' remarks.

But Tragos had the last word. He spent a minute speaking with his clients before saying, "Your honor, we have no closing argument."

That shocked the entire audience, and visibly flustered Moody, who was thus unable to give a final argument.

Jury foreman Shaw, an airline pilot, said the defense didn't need a closing argument. He said the state simply failed to make a strong case. Shaw and some other jurors were surprised when Judge Padgett didn't issue an acquittal before the defense got started.

"The state," Shaw said, "didn't prove beyond a reasonable doubt that they were guilty."

- Joe Humphrey can be reached at (813) 226-3403 or humphrey@sptimes.com.

© St. Petersburg Times. All rights reserved.