Court of Appeals "Tentatively" Rules In Favor Of Big Evil's Claim Of Vindictive Prosecution On Three Murder Charges

The saga of Cleamon "Big Evil" Johnson continues. 

The Court of Appeals has tentatively ruled in favor of a motion that argues Johnson is the target of vindictive prosecution, a claim that could led to three murders and an attempted murder charge being dropped against the infamous  89 Family Swans gang member.

Even if those charges are dismissed Johnson - and his co defendant Michael "Fat Rat" Allen - still face a retrial of the 1991 double murder of Payton Beroit and Donald Ray Loggins for which they spent more than 13 years on death row in San Quentin. That conviction was overturned in 2011 by the California Supreme Court which ruled that a juror, leaning toward acquittal, was wrongly removed by the judge, Charles E. Horan.

Johnson and Allen were sent back to the Los Angeles Men's Central Jail for a retrial  As they prepared to retry that case, the district attorney's office, aided by LAPD Robbery Homicide detectives, set out to find additional cases to pin on Johnson. Eventually, they filed the four additional charges.  This led Johnson's lawyers to file the claim of vindictive prosecution.  

A definitive ruling by the Court of Appeals is expected within two weeks.

When Johnson’s lead attorney, Robert Sanger, initially learned of the added charges, he was flabbergasted.

“After nearly 14 years on Death Row and the decision by the court to overturn the case, the addition of the three murder charges and one attempted murder was truly breathtaking,” Sanger said during the court of appeals hearing.

The prosecution argued to dropped the charges could lead to a dramatic change in strategy for other future capital cases.  

John Harlan of the district attorney's appellate division said that If these additional charges are not allowed to stand,  a so-called  “Kitchen sink” effect would evolve, meaning that prosecutors, fearing they would not be able to add additional charges later, would file every possible charge in the initial filing document.

Sanger countered.

“This [the added charges] would send a significant message to other people that if you attempt to appeal, you might end up with more cases. You just don’t pile on 187s (murders) and hope to get lucky on one.”  

According to a piece in the Yale Law Review,  legal "vindictiveness" does not refer to a prosecutor’s ill feeling toward, or even his desire to harm, a defendant. Rather, wrote Doug Lieb, a law clerk for the 9th Circuit U.S. Court of Appeals, "As defined by the Supreme Court,vindictiveness means that a prosecutor has retaliated against a defendant for the exercise of a legal right, denying his/her due process."  

In addition to Beroit and Loggins - shot to death at a car wash in 1991 on 88th and Central  - the district attorney's office now alleges Georgia Denise "Nece" Jones, Albert Sutton and Tyrone Mosley were all killed or ordered killed by Johnson.  While Johnson was in Ironwood State Prison, Jones was shot and killed June 12, 1994 at 87th Place and Wadsworth Avenue in the 89 Family Swan neighborhood. Sutton was also killed in that neighborhood.  Mosley was shot and killed in September 15, 1991 on 97th Street and McKinley Avenue, a 97 East Coast Crips neighborhood.

Johnson, acting as his own lawyer,  was previously tried on the Mosley killing in 1998.. The result was a hung jury, well in his favor. 

If the vindictive prosecution is indeed granted, and the extra charges dropped. Johnson and Allen would be retried on the original double murder case.  However, that case was not a ":slam 'dunk" and relied much on the testimony of one Freddie "FM" Jelks, himself a gang member facing prison who was killed many years ago in an unrelated incident on the west side.. 

Sanger and co-counsel Victor Salerno were pleased as they left the courtroom. They were greeted by Johnson’s parents and his brothers.  Sanger was cautious with his optimism. Still, he admitted it was a good day in the court room, but the case was far from over.

"This might end up in the Supreme Court."

Big Evil

The above photo is many years old. Johnson is now 48 and that goatee is salted with grey. 

 

 

Appeals Court To Review Vindictive Prosecution Claim by Cleamon "Big Evil" Johnson's Lawyers, 3 Murder Charges Could Be Dropped

The California Court of Appeals will review a motion by defense lawyers of Cleamon "Big Evil" Johnson that argues their client is a victim of vindictive prosecution, a claim that if ruled in his favor would drop three of the five murder charges against the 89 Family Swan Bloods gang member.

Los Angeles Superior Court Judge Sam Ohta,  who is presiding over the case, had ruled against the motion in September, but the Court of Appeals agreed to review it, a decision that thrilled Johnson and his attorneys Robert Sanger and Victor Salerno

"This was very, very  good news," said Salerno.  He downplayed  any significance that the prosecution had asked for an extra week last Thursday to present their written case to the appeals court which is now due Dec. 18.  The defense will have an opportunity to respond to the prosecution's argument and the two sides could meet at the Ronald Reagan State Building to present their cases in February.  

According to a piece in the Yale Law Review,  legal "vindictiveness" does not refer to a prosecutor’s ill feeling toward, or even his desire to harm, a defendant. Rather, wrote Doug Lieb, a law clerk for the 9th Circuit U.S. Court of Appeals, "As defined by the Supreme Court,vindictiveness means that a prosecutor has retaliated against a defendant for the exercise of a legal right, denying his/her due process."  

Johnson spent more than 13 years on death row in San Quentin for the unrelated 1991 double murder of Donald Ray Loggins and Payton Beroit that he and co-defendant Michael "Fat Rat" Allen were found guilty of in 1997. That conviction was overturned in 2011 by the California Supreme Court which ruled that a juror, leaning toward acquittal, was wrongly removed by judge Charles E. Horan.

Johnson and Allen were sent back to the Los Angeles Men's Central Jail for a retrial  As they prepared to retry that 1991 case, the district attorney's office, aided by LAPD detectives,  set out to find additional cases to pin on Johnson.. They were given the luxury of time by the defendant's decision to waive their rights to a speedy trial  and the many subsequent delays in the case  LAPD detectives scoured the California penal system looking for inmates willing to testify against the man who is among the most famous gang members in the city's history.  

In addition to the two men - Payton Beroit and Donald Ray Loggins - shot to death at a car wash in 1991, the district attorney's office now alleges Georgia Denise "Nece" Jones, Albert Sutton and Tyrone Mosley were all killed or ordered killed by Johnson.  While Johnson was in Ironwood State Prison, Jones was shot and killed June 12, 1994 at 87th Place and Wadsworth Avenue in the 89 Family Swan neighborhood. Sutton was also killed in that neighborhood.  Mosley was shot and killed in September 15, 1991 on 97th Street and McKinley Avenue, a 97 East Coast Crips neighborhood.

Johnson, acting as his own lawyer,  was previously tried on the Mosley killing in 1998.. The result was a hung jury, well in his favor. 

If the court grants the vindictive prosecution appeal, Johnson and Allen would still face a trial on the original double murder case.  However, that case was not a ":slam 'dunk" and relied much on the testimony of one Freddie "FM" Jelks, himself a gang member facing prison who was killed many years ago in an unrelated incident on the west side.. 

Earlier in court, Johnson' lawyers sought to have Jelks' recorded testimony kept from being played back in court. Johnson's lead attorney Sanger, even threatened  - or joked  - he would go "Clint Eastwood" on an empty witness stand, a reference to the actor grilling an imaginary President Obama sitting on a chair at the 2012 Republican Convention 

Last year, Johnson told a visitor the extra charges were "bullshit." .    

"It's just more bullshit to keep me locked up, keep a trial going," said Johnson who is back in the regular high power section of the jail, after nearly a year in a special, segregated cell, (not for his own safety).  "They think when I get out, I'm going to go on some rampage. And the police tell people that. Man, I just want to be free. I'm someone who could help stop this violence."

Johnson claims to be a changed man. He told a visitor recently " I am not the same person I was when I went in here. I'm not Big Evil. I'm Cleamon Johnson."

"Have you ever heard of Dr. Bruce Banner?" the visitor asked him, referring to the Hulk's alter ego.

He broke into a gigantic laugh, "Don't make me angry. You wouldn't like me when I'm angry."

 

big+evil.jpg








Dec. 31, 2014 LA Weekly Aritcle on The Legendary Career of LAPD Homicide Detective Sal LaBarbera

Sal LaBarbera sees dead bodies.

Driving from Watts to USC — up Central Avenue, west over on 83rd, up Figueroa — the LAPD homicide detective can envision the slain bodies of his cases. Hundreds of them. Hell, no, thousands of them.

"There is not a street, not a corner, from the Nickerson Gardens to the Sports Arena [where] I haven't been part of a homicide investigation," LaBarbera said as he drove that route recently. "I don't remember all the names. How could I? But I remember the bodies."

Detective Sal LaBarbera's days of seeing dead bodies are winding down. After 33 years with the Los Angeles Police Department, 27 of those investigating homicides, he is retiring. On Jan. 31 he will be, as police say, "KMA367." End of watch.

He'll leave a legacy as one of the best homicide cops in the history of LAPD, meaning one of the best anywhere — built on a foundation of loyalty to his peers but, even more, to the victims and their families.

"The level of compassion and the commitment he has are unsurpassed by any detective," said LAPD Chief Charlie Beck, who has worked with LaBarbera his entire career. "We're really going to miss him. Not just because he's a great detective but because he's a great friend."

LaBarbera said the best part of being a detective is "driving Code 3 in reverse around LAX chasing somebody." The worst? "Statistics are bullshit. One murder is one too many."

LaBarbera, 55, was raised in New York's Westchester County by his detective father and homemaker mother. He played semipro baseball in New York as an outfielder.

But his grandparents lived in the San Fernando Valley, and when he visited them he would sit outside the LAPD Van Nuys station and watch the officers come and go. "I was so impressed by their size, their professionalism and that sharp uniform," he said. "They were unlike what I was used to seeing in New York."

He graduated from the Los Angeles Police Academy in 1981 and fairly quickly was assigned to the wild 77th Street station, becoming a detective trainee. By 1990, he was working homicide at South Bureau amidst the era's gang bloodbaths.

"It's the most rewarding and demanding job. Thirty-six-hour shifts were normal," he said. "My goal was always to catch the bad guy before the victim's funeral. To get suspects to cop out, that's so rewarding. I have a half-dozen assholes on Death Row."

The worst thing about being a homicide detective: "Seeing the carnage left behind." The best: "A little bit of closure for families."

LaBarbera's boss, Lt. Jeff Nolte, said the detective is "going to be impossible to replace."

"There's more art to homicide than science," Nolte said. "It's a feeling. It's about tension. It's about having relationships. There is no one like Sal when it comes to naturally building a relationship. When a witness senses that feeling, they become comfortable, and that's when they come forward. Sal is unwavering in his oath to make things right."

Thirty-one years ago, at Manchester Avenue and St. Andrews Place, LaBarbera was on patrol when a man got shot, his femoral artery taking a potentially fatal hit. But the detective reached his fingers into the victim's leg and pinched off the artery, saving him.

The best thing about his job, LaBarbera said: community contact. The worst: "Department bullshit."

Det. Chris Barling, supervisor of the 77th Street homicide unit, has known LaBarbera for 27 years and calls him "Hollywood Jack," a nod to the detective's frequent press conferences and oft-stated desire to "go Hollywood" after he retires.

When Barling heard L.A. Weekly was profiling the detective, he asked, "How much is he paying you?"

But then Barling got serious. "Sal's compassion and caring about people both on the force and on the street, the victims, the families, is second to none. He is a compassionate and a passionate advocate for victim's families."

Det. Tim Marcia of the Robbery-Homicide division explained that the detective taps into something deep in these families, then turns it into a tool that propels him forward.

"He's carried the loss of a victim close to his heart, and he used the pain and anguish that violent crime brings to a family as motivation to do the job right," Marcia said. "Sal was a real murder cop, and the city of L.A. is a better place because of him."

It's not difficult to tap into compliments from co-workers. What's unique about LaBarbera is that he gets compliments from "the other side."

Infamous 89 Family Swans gang member Cleamon "Big Evil" Johnson lauded LaBarbera for his "come at you as a man" straightforwardness.

Johnson is incarcerated at Men's Central Jail, awaiting his retrial for two murders for which he served 13 years on death row. In 2011, the California Supreme Court overturned his conviction, finding that a juror leaning toward acquittal was wrongly excused by the trial judge. A few months ago, asked by a reporter about the guest list for his "homecoming party" if he wins at retrial, Johnson said, "Hey, you gotta invite Sal. Just tell him to leave the badge at home."

Homicide detectives who listen to Johnson's jailhouse phone conversations gave LaBarbera a full ration of shit for that.

Betty Day, the mother of Wayne "Honcho" Day, a former Grape Street Crip whom the FBI once labeled the "Godfather of Watts," also praised LaBarbera

"That Italian is retiring, and I'm just now hearing about it?" Day said. "He knows my son, and he was after him, but Sal was and is always fair. A good cop. He better invite me to his party."

Donny Joubert, a respected Nickerson Gardens peacemaker who convinced the project's Bounty Hunter Bloods not to retaliate against a rival gang — and to instead let LaBarbera do his job — remembered, "Sal sat down with me, and I could feel his determination, his concern for my family."

"Sal got the killer," Joubert said. "We have nothing but respect for Sal in Watts."

LaBarbera said his best moments include "hijacking an ice cream truck and treating the neighborhood." His worst: "The nightmares, the not sleeping."

LaBarbera's dedication to families of the murdered came at a cost to his own family. He recalled "getting yelled at for almost not being there for my own child's birth," even as he celebrated the fact that he delivered "three babies over the years."

When asked if her father ever left a special occasion to rush to a crime scene, LaBarbera's oldest daughter, Marissa, 21, replied with a laugh, "Which special occasion would you like me to start with? Easter, Christmas, my birthday?

"My dad would get home from a 12-plus-hours workday, sit down at the dinner table, ask us girls how school was, and all of a sudden his cellphone is ringing and he is out on the porch, smoking his cigarette, with his work face on. His demeanor would stiffen, his tone would become more stern. And I would watch through the window and realize my dad is going back to work."

Younger daughter Emily, 18, said she has some of his traits.

"I don't want to be a cop, but what I will do, to follow his footsteps, is to be a wolf, not a sheep. Meaning, I'm going to be a leader; I'm going to help others, and I won't be afraid of anything."

For LaBarbera, the worst part of the job has been "someone dying in your arms."

The best: "Being there with prayers and kind words for someone dying in your arms." 

http://www.laweekly.com/informer/2014/12/31/the-best-and-worst-of-a-legendary-homicide-detectives-9800-days-at-lapd

This story was edited by Jill Stewart.

Sal and a suspected assassin . As the above photo shows, , Labarbera's style was to get close to suspects before arresting them 

Sal and a suspected assassin . As the above photo shows, , Labarbera's style was to get close to suspects before arresting them 

Cleamon "Big Evil" Johnson Charged With Three More Murders

Cleamon "Big Evil" Johnson, whose guilty conviction for a 1991 double homicide was overturned by the California Supreme Court in 2011 and who is scheduled to be retried for those crimes later this year, has been charged with three additional single murders. 

Johnson, 46, who was convicted - with another man - of the two killings in 1997 and served more than 13 years on San Quentin's death row before winning the appeal, casually told a visitor at the Men's Central Jail that three more murders were being added to his upcoming trial. A preliminary hearing* is set for July 28.

One of his lawyers, Victor Salerno, confirmed the additional charges, but declined further comment. 

The Los Angeles District Attorney's Office alleges Georgia Denise "Nece" Jones, Albert Sutton and Tyrone Mosley were all killed or ordered killed by Johnson, a member of the 89 Family Bloods.  While Johnson was in Ironwood State Prison, Nece Jones was shot and killed June 12, 1994 at 87th Place and Wadsworth Avenue in the 89 Family neighborhood. Sutton was also killed in that neighborhood. Mosley was shot and killed in September 15, 1991 on 97th Street and McKinley Avenue, a 97 East Coast Crip neighborhood.

"It's just more bullshit to keep me locked up, keep a trial going," said Johnson who is back in the regular high power section of the jail, after nearly a year in a special segregated cell.  "They think when if I get out, I'm going to go on so,me rampage. And the police tell people that.  I am not the same person I was when I went in here. Man, I just want to be free."

Johnson and co-defendant Michael "Fat Rat" Allen were convicted in 1997 of the August 5, 1991  killings of Donald Ray Loggins and Payton Beroit at a car wash on 88th Street and Central Avenue. Prosecutors contended that Johnson ordered Allen to kill the two men who were from the "other side" (east) of Central Avenue.  

In a 1998 Los Angeles Times Magazine article, Johnson, then 30  - and considerably different in attitude and character - seemed unconcerned that he was headed for death row. "I'm not worried at all about going to San Quentin," he said. "I been in worse places."

Such as?

"In an alley, with a .45 pointed at me. Too many times. But I'm a survivor. I just turned 30. I never thought I'd make it to 20. After I got the death penalty, I celebrated in jail with some homemade brew. I know I'm gonna be around at least 10 more years with all the appeals."

That article ended with a memorable quote by Big Evil; "Getting the death penalty saved my life."

It did. 

If these charges don't result in conviction, Johnson's new kicker might be "Getting those extra murder charges saved my life."

###

1998 L.A. Times Article -  http://krikorianwrites.com/blog/2014/6/8/1998-la-times-magazine-article-big-evils-ride-to-death-row

1997 L.A. Times Article -  http://krikorianwrites.com/blog/2014/6/8/1997-la-times-article-big-evils-reign-appears-over-for-good

* A preliminary hearing is described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial -from www.criminal.findlaw.com

Old photo of Johnson

Old photo of Johnson






1998 L.A. Times Magazine Article "Big Evil's Ride to Death Row"

Police Attribute More Than 20 Murders to Cleamon Johnson, a Guy You've Probably Never Heard of. His Victims Were Innocents Trying to Survive or Gang Kids in Over Their Heads.

November 29, 1998

In these days of support groups, Violet Loggins could start a large one for people whose husbands, sons, brothers, daughters or friends were murdered by one man. Loggins' own mourning began seven years ago. Her husband, Donald Ray Loggins, worked at a local cable company, and since the birth of their son five months earlier, he had been as punctual as a Marine Corps reveille. He would pull into the driveway of their pleasant two-bedroom, South-Central Los Angeles home at 2:45 p.m. to watch the baby while Violet got ready for her swing-shift job. But on Aug. 5, 1991, Violet was sitting on the couch, cradling their child and staring at the telephone, wondering why her husband was so late.

Had Violet been outside at about 2:30 p.m., she would have heard distant gunshots, the sound of an Uzi being fired into the skulls of her 30-year-old husband and his friend, Payton Beroit, as they waited at a carwash on 88th Street and Central Avenue. It was the sound that symbolized the reign of terror of street gang leader Cleamon Johnson, who authorities say ordered the murders as he sat 100 feet from the carwash on the porch of his parents' home, his throne.

Loggins and his friend were killed because they lived east of Central Avenue, a dividing line between Crips and Bloods. Evil says neither was a gang member, but Johnson, seeking to provide a newly recruited Blood with a mission to earn his stripes, spotted them and issued their death sentences.

"He tore my family apart," says Loggins. "My husband was one of the good guys. He was always doing favors for people. Now I'm bringing up a child without a father . . . . All I have for my son are pictures. What do I tell him?"

Few of the loved ones of Johnson's victims, Violet Loggins among them, know the real name of the man who ruined their lives. But their eyes dart about nervously and anger distorts their faces at the mention of his street name.

This is the story of how a sweet young boy named Cleamon Johnson grew up to be "Big Evil."

*

By the early 1990s, the neighborhood controlled by the 89 family Bloods, Big Evil's neighborhood, was among the deadliest in California. In 1993 alone, there were 12 murders in the gang's half-square-mile turf. If all of Los Angeles had such a rate, there would have been 22,512 murders in the city, 4,635 more than in the entire United States last year. Big Evil was not responsible for all the mayhem, of course. But in a city with 100,000 gang members, he stood out.

"Every gang has a bad ass, a shot-caller," says LAPD Homicide Det.

Rosemary Sanchez. "Evil was the most violent one I ever knew about."

FBI Agent Jon Lipsky says only famed Mafia killer Anthony "Tony the Ant" Spilotro was as violent. "Johnson has admitted to 13 murders by his own hands. That makes him a serial killer."

In total, police attribute more than 20 murders to Johnson. But even using the lower figure to which Johnson has confessed, that means he murdered as many people as "Freeway Killer" William Bonin or "Night Stalker" Richard Ramirez. In all likelihood, Evil's relative obscurity has to do with where the slaughter occurred. No celebrities among these victims. No Palos Verdes bankers or Newport Beach realtors. These were innocents just trying to survive, or young gang members in way over their heads. Johnson's defense tried to portray him as a victim of geography. "Evil is a product of 89th and Central," said Joe Orr, counsel for Johnson's co-defendant, Michael "Fat Rat" Allen. "With his charm, there's no telling how far he could have gone. He was talented, but his abilities were diverted to the streets. If he had been raised in a different area, this would not have happened."

His own mother, however, can't believe it's that simple. After a jury sentenced Johnson to death for Loggins' and Beroit's murders, she pondered her personal version of the question that has kept sociologists and criminologists and theologians bickering for decades. What makes a boy go bad? "I feel I gave him my all. I just don't know what happened. Sometimes I feel I am to blame, but I did all a mother could do. I don't know why it turned out like this."

*

Cleamon Demone Johnson was born on Oct. 15, 1967, in Los Angeles. He had what many hard-core cases dream of--two loving parents. Aileen and Cleamon Johnson raised their son in a three-bedroom home on 88th Street. The white house had a large porch and a big backyard, complete with a pigeon coop that served as a playground for Cleamon, his two older half brothers, two younger brothers and a boisterous bunch of neighborhood boys. Norman Rockwell could have painted that scene, or the summer afternoons when Aileen gave her sons and their friends Kool-Aid and sometimes invited the neighbor boys to dinner, at which the family of seven said grace before eating.

Neighbors remember Cleamon as a sweet child with a big smile and an eagerness to help ladies bring groceries from their cars. He'd scan the bags, grab the most overflowing and wobble toward the porch, peering through the leafy contents to avoid curbs and steps. As a member of Boy Scout Troop 374, he earned many merit badges, including one he is still proud of: Survival. Like all boys with brothers, Cleamon learned to roughhouse from an early age, to fight back when the older boys slugged him, and to fight back tears when the punches hurt.

That was a time when South-Central's gangs still fought with fists, an occasional tire iron, a rare knife, and street trouble seldom spilled into homes. No one had yet heard the rumblings of an Uzi or AK-47 here. But in 1970, when Cleamon Johnson was 3, an epochal event occurred: Less than a mile away, some young men got together and started calling themselves the Crips. Things in South-Central would never be the same. Enter the era of families routinely ducking for cover, of sleeping on floors, of burying babies. Soon the "The City of Angels" was better known as the "Gang Capital of America."

In response to the Crips, various groups of young men and boys from rival gangs--the Piru, the Bounty Hunters, the Brims and the Swans--banded together into a loose confederation that became known as the Bloods. Over time, large, well-armed Crips factions--East Coast Crips, Avalon Gardens Crips and, directly across Central Avenue, the Kitchen Crips--hemmed in Johnson's neighborhood on three sides. That embattled horseshoe engendered the 89 Family Bloods.

One sweltering afternoon, when Johnson was 8, he was sitting on a fire hydrant at 84th and Towne when a car drove up. Teenagers got out and opened fire, shredding the body of his friend Darryl. It was Johnson's first numbing, close-up view of death. Within a year he saw another boy murdered. Violence became part the backdrop, like the sound of jets descending toward LAX. Soon Johnson was caught up in it.

When word got home that he'd been fighting, Cleamon Johnson knew what to expect: "An ass-whipping." But he doesn't begrudge his parents their attempts at discipline. He says he enjoyed his childhood, and by all accounts, even during this time of schoolyard fistfights, he remained a good student, a curious, intelligent boy with a certain charm and bright smile. Cleamon's parents took him and his brothers camping throughout the West. They understood the advantages such experiences offered, and because they sympathized with the children who came from broken homes, they often took along some of the pigeon coop boys. Cleamon was particularly fond of Oregon's Crater Lake, a tree-sheltered pool of serenity atop a dormant volcano.

Though far from rich, the Johnsons spoiled their boys. At Christmas, when other kids received roller skakes, the Johnson boys got go-karts. What they couldn't give them was immunity to the forces transforming the city. By the time he was 12 or 13, attending Drew Middle School near Watts, Cleamon was encountering young Crips hourly.

It was there, in the seventh grade, that he first tasted the thrill of being a bad ass. A larger and older Kitchen Crip had been bullying some youngsters. Johnson charged the boy, got the upper hand, and kept on going, smashing the boy's face into a basketball pole until blood spurted onto the court. From then on, the other boys looked up to him. So did some of the girls. Nearly two decades before he received the death penalty, the battle for his life had begun.

From that point on, Johnson's family found itself in a tug of war with the 89 Family. His parents dug in, pulling steadily; the gang yanked with adrenaline-filled spasms on the other side. The family pulled with love. The gang with power and fear. The gang won.

Johnson graduated to hanging with older, hard-core men, many of them ex-convicts. They were glad to have him on their side. "Evil was a great street fighter," says Ricky Parker, Johnson's half brother. "He was good with his hands, his elbows, his head, his feet, his knees, his teeth."

"He could really get down with his hands," says a rival Kitchen Crip, one street fighter appreciating another. "It takes more than a gun to get respect." Yet in this new Wild West, most gang members came to see a gun as survival gear. By the late 1970s, even the best street fighters had turned to firepower. Evil became as unfazed by shooting people as he had been at stomping their teeth in. From the most ruthless family members, Evil created a commando unit of sorts, which he called the 88 Monsters. Though he still lived with and respected his parents, on the street his rage would flow. Defending his outgunned 'hood became an obsession.

"When his anger goes off, it is a something to check out, blood," said a member of the Swans. "It was scary. He be getting like a hurricane, and you can't stop him when he want to jack up someone. You know that he ain't just talking, like so many other brothers. If he said it, I would say to myself, 'Someone gonna die tonight.' "

*

Thanks, in part, to Evil, the LAPD and the District Atorney's hard Core Gang Unit came to view the 89 Family as the deadliest small gang in the city. "Part of the reason they were so violent was that they were surrounded by much larger gangs on three sides," says South Bureau Homicide Det. Christopher Barling, who testified as a gang expert in the murder trial. "To keep their little territory, 89 had to fight harder."

Det. Thomas Mathew calls Johnson "the most cold-blooded killer in the city," and sees himself as Evil's nemesis. One of the gang's traits, he says, was their turnaround time when it came to a retaliation shooting. "They were notorious for quick paybacks. Whenever we heard there had been shooting [on 89 Family turf], we would rush over to the rival's turf and wait for them to come by. Sometimes they had already given the payback."

But Evil wasn't just fast. He was a street strategist, detectives say.

"Most gang members are reactionary, heat of passion," says Barling. "You shoot us, we shoot you. Evil was different. Evil would think and plan things out." He built a reputation for beating murder raps and for allegedly calling in several murders from behind bars. He even ordered the assassination of Mathew. For a time, an LAPD SWAT team shadowed the detective to counter the threat.

Evil's crimes, meanwhile, were becoming street folklore. Barling recalls a 1991 assault on the Avalon Gardens housing project that Crips, Bloods and cops still talk about. "Evil had his guys do two other shootings just to get police away from Avalon Gardens," he says. "He had guys in stolen cars waiting as getaway drivers. He had guys going into [the project] on the flanks. Then he led 10 of them--walking--into the middle of the project and fired off more than 200 rounds. It was lucky only one person died."

Such tactics do not go unnoticed. In 1994, LAPD's South Bureau homicide squad organized an 89 Family Task Force, consisting of detectives, FBI agents and the district attorney's office. Their goal: bring down Evil for good. To succeed, however, the task force needed something authorities had always failed to get--witnesses who would take the stand. Many times Evil had been arrested as the prime suspect in a murder case and many times he had walked. His myth grew as word spread that he was untouchable. "How many times you gonna get arrested for murder then get out right away?" asks the former girlfriend of an 88 Monster. "Everyone in the neighborhood was talking about it. He gonna get out and kill you if you ratted on him. It was really simple."

In 1994, Gloria Lyons told authorities that she saw an 89 Family member kill a man. She was killed. Georgia Denise Jones testified in the same case. She was killed. Two years earlier, Albert Sutton was due to testify in a murder trial. He was killed. But in developing evidence in the Loggins and Beroit murders, detectives latched onto a witness, Freddie Jelks, who was facing life in prison for a murder. During the Loggins-Beroit murder trial, Jelks said that Evil had ordered the killings. The jury voted to convict and sent Johnson to San Quentin's death row. Now he's in the Pitchess Detention Center in Saugus preparing to represent himself in yet another murder trial in January.

*

Big Evil receives a visitor from behind the thick glass window of a small metal cage that his 6-foot-2, 220-pound fat-free frame fills to capacity. These are the visitation arrangements the sheriffs reserve for their most explosive charges.

It is not the man's menace that strikes you, though, or the bulging biceps, or his shaved head and piercing eyes. It's Big Evil's engaging smile.

"He was so nice," says Sanchez, the homicide detective, recalling her first street encounter with the gangster. Sanchez, a 17-year veteran who had heard the fearsome tales about Johnson, was taken aback by his personality. "He had this big smile. He joked with us. And that laugh. That Big Evil laugh. It was . . . well, it was really evil. I'm happy we finally brought him down."

Johnson smiles when he hears that Sanchez is glad he got convicted. His laugh rises in volume like a tsunami about to devastate a fishing village. "I think she's mad at me because I wouldn't give her any," he says. "She was listening to me talk nasty to my wife [on a bugged county jail phone], and she was getting turned on."

Sometimes , even when he's laughing, it's hard to tell if Johnson is joking. At the time of this interview, for instance, he was a trustee at the Men's Central Jail. His job: food server. "No one complains about the service," says Johnson. "That would be dumb."

Ask him, though, what life is like now for a man who has deprived so many people of theirs, and the laughter stops. "I'm not really fond of life," he says. "It seems like I'm already dead. I ain't never been one that depends on hope."

Ask him to tally how many deaths he has meted out, and his gaze becomes a glare. "That's another story. That's a whole long story," he says. He pauses. Then he lowers his head and cocks it to one side, and suddenly he's back 23 years and is talking about that boy who sat on a fire hydrant and watched his first killing. Listen to Evil now, and you can almost begin to see things from his severely contorted, Boy Scout-turned-killer's perspective. You can almost see how, in the twisted realm of certain neighborhoods, where a parent's tender hug is counterbalanced by some tough's shove, a boy's thinking could go so haywire.

In a way, Johnson was cursed with the rare qualities it takes to transcend the fear that can cripple such neighborhoods, that leaves many inhabitants half-dead with dread. He had that athletic body, wicked knockout punch and the drive to fight back ferociously. In the end, perhaps, the gang won out because to Johnson, love was no longer as vital as power.

And he loved that power.

Most boys at some point in their lives fantasize about being the baddest street fighter, about taking down bullies while girls ogle from ringside seats on the curb. Johnson's parents and lawyers, the judge and the jury that convicted him, might not be so perplexed about his fate had they ever felt the addictive rush of walking into a party with a reputation that paralyzes the room, of having brutal men turn to you for protection, of hearing tales of your ruthlessness grow into legend.

From his perspective, love never stood a chance. And once Johnson was off on that alternative course, he threw himself into it with all his heart.

"I was the epitome of a gang member," he says. "I was real. A lot of people be putting on a front that they bad. Acting tough. I wasn't acting at all. I was just being me. I love to fight. Win, lose or draw. I'd rather put down a gun and fight. I fight to win. If you got to bite, bite. If you got to scratch, scratch . . . . People fail to realize, it was like a religion. It's not for the fun of it. Some people worshiped Allah or Jesus. I worshiped Bloods.

"It's like people going to Vietnam and getting programmed to kill. They can't stop killing, and when they come back, they need help mentally. We couldn't stop killing our enemies here either. I was one of them sick individuals. They locked us away, but we needed help mentally."

Det. Mathew reflects on Johnson's swift transition from boy to out-of-control killer. "He used to come up and ask me for baseball cards. Two months later, we're looking for him on a murder. Did I have any baseball cards for him? Hell, no. I got handcuffs for him, that's all."

With Big Evil sentenced to death, and other key 89 Family members locked away, murders have plummeted in the area. Still, the legacy of the neighborhood that Evil helped create--that helped create Evil--lives on.

Johnson seems unconcerned that he is headed for death row. "I'm not worried at all about going to San Quentin," he says. "I been in worse places."

Such as?

"In an alley, with a .45 pointed at me. Too many times. But I'm a survivor. I just turned 30. I never thought I'd make it to 20. After I got the death penalty, I celebrated in jail with some homemade brew. I know I'm gonna be around at least 10 more years with all the appeals. Getting the death penalty saved my life."

http://articles.latimes.com/print/1998/nov/29/magazine/tm-48648

1997 L.A. Times Article "Big Evil's Reign Appears Over For Good"

 

October 01, 1997 

Cleamon "Big Evil" Johnson is the "most cold-blooded killer in the entire city," by one detective's estimate.

"He's the type of guy you can have an interesting, articulate conversation with--laugh with, joke with," said homicide Det. Thomas Mathew of the Los Angeles Police Department. "He'd be cool to you. And then you turn your back on him, and he'd blow your brains out."

Johnson, 29, known as a shot-caller in one of the city's most notorious street gangs, once put out a contract on Mathew, the detective said. LAPD brass were concerned enough to have SWAT officers tag along with the detective.

"Even before the contract, I was always very aware whenever I was with Evil to be careful because I knew he would do me in a second," Mathew said. "He has beat us on so many cases, because no witnesses want to come forward."

Two witnesses did come forward in 1994 to testify against members of Johnson's gang, the 89 Family Bloods. They were both killed.

But Johnson's winning streak skidded to a halt after prosecutors were able to penetrate his protective cloak of silence with three witnesses who testified to his involvement in the 1991 murders of two rival gang members.

Johnson and a co-defendant, 25-year-old Michael "Fat Rat" Allen--already serving 35 years to life for another murder--were found guilty Sept. 2.

A jury recommended Tuesday that they be put to death.

As the clerk in Los Angeles Superior Court Judge Charles Horon's courtroom said the word "death," the two men sat expressionless. So did Johnson's parents and Allen's wife, sitting in the spectator section. Horon has scheduled sentencing for Dec. 12.

Prosecutors contend that Johnson gave Allen an Uzi and ordered him to kill the rival gang members. Allen gunned the two men down before dozens of witnesses, they say.

But during the initial 1991 investigation, no one would admit having seen the shooting. The reason was simple: Testify against Big Evil, he'll kill you, police say.

"I can't even tell you the way he kills without any kind of emotion," Mathew said of Johnson. "It's unbelievable. And he has this scary laugh. He personifies the term 'evil.' He would make a good candidate for an FBI behavioral profile. I'd like to see what some psychiatrist says about his mind."

Authorities say the 80 members of Johnson's gang are responsible for more than 60 slayings in the last decade. There were 32 killings on the gang's turf--a quarter of a square mile--between 1993 and last year--a homicide rate nine times higher than the city's at large.

The gang claims an area bounded by Central and Manchester avenues, Avalon Boulevard and 92nd Street.

Police say they conservatively estimate that Johnson has committed 12 murders. A police task force on the gang has put many members behind bars--including Johnson, who once served three years on drug charges. But Johnson's orders have penetrated prison walls, directing underlings to kill for him, authorities said.

*

A statement Johnson gave to police before his trial summed up his philosophy:

"I don't answer to nobody. What I do is what I want to do and when I want to do it."

The case that led to Tuesday's death penalty recommendation was revived this year after prosecutors found three witnesses willing to talk. A source close to the investigation said the three were in custody facing criminal charges of their own.

A key prosecution witness, Freddie Jelks, is a member of Johnson's 89 Family and is awaiting trial in another slaying. His co-defendant is Johnson.

Jelks said he saw Johnson give Allen the Uzi used to kill Donald Ray Loggins and Payton Beroit on Aug. 5, 1991.

Johnson "terrorizes the neighborhood because he can, and he enjoys it," Deputy Dist. Atty. Jennifer Lentz Snyder said in her closing argument.

Several residents along East 88th Street just west of Central, where Johnson grew up, painted a different portrait.

"No one on this block would say a bad word about Evil," said Bessie Dunn, 42, who has lived in the neighborhood for 20 years. "He was that type of guy that if you had a bunch of groceries in the car, he'd help you unload them."

Mathew said no one in the neighborhood dares say anything bad about Johnson.

A neighborhood teenager, who would identify himself only as Ya Ya, recalled when his mother's purse was stolen and she reported it to Johnson. Within an hour, the purse was back, he said.

*

However, even those who talk fondly of Johnson and Allen still admit that their mere presence caused problems.

"We'd have to hit the ground about four times a week with all the shootings," said a woman who requested anonymity. "But as far as [Johnson] and Michael, they were nice guys. I never saw them get ugly. They call them monsters, but I don't know that part of them."

Prosecutor Snyder described Johnson and Allen as predators and played an audiotape for the jury of a telephone conversation between Johnson and a fellow gang member. On the tape, Johnson ordered the killing of Mathew, prosecutors said.

"The most chilling moment of the tape," Snyder said, came when Johnson mimicked how Mathew would react.

"He's gonna be saying, 'Why me? Why me?,' " Johnson is heard remarking. That comment is followed by what another listener described as a "maniacal, bone-chilling laugh."

Mathew said Johnson wasn't shy about his role in killings.

"He would brag to me about killing people, say it right to my face," said the detective, who worked for eight years in the LAPD's gang unit.

*

Johnson's is not the case of a young man who turned to gangs because of a broken home life, Snyder said. His parents were in court every day. They refused to comment on their son other than to ask: "Why does the press print those lies about him?"

On 88th Street, Johnson's older half brother, Ricky Parker, was eager to talk.

Johnson got into gangs early and worked his way up in the neighborhood surrounded on three sides by rival Crips sets.

"Evil was a great street fighter," Parker said.

Parker said part of the problem that led to Big Evil's downfall was his fearsome moniker that tempted the police to try to bring him down.

"I always told him to get rid of that nickname," Parker said.

http://articles.latimes.com/print/1997/oct/01/local/me-38056