EP 14: Carla Johnson Allegations
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From OCPD Investigation File.
360° photo, taken by private investigator Brian Bates, of the alleged location of accuser Carla Johnson’s sexual assault.
Official Police, and Private Investigator Reports/Notes (redacted) Below:
TRANSCRIPT
Episode 14 ׀ Daniel Holtzclaw: Carla Johnson Allegations
Disclaimer: This podcast deals with adult subject matter, including depictions of drug addiction, prostitution, sexual assault, and rape. Parental guidance is suggested.
00:10 [OPENING AUDIO COLLAGE]
Newscaster: Officer Daniel Holtzclaw, with the Police Department for three years, is accused of raping and sexually assaulting women he pulled over while on the job.
Jannie Liggons: He said, ‘Come on, come on, just a minute, just a minute’. I say, ‘Sir, I can’t do this’. I say, ‘you gonna shoot...’
Det. Kim Davis: Tell me your description of him.
Sherri Ellis: He’s black.
Det. Kim Davis: He’s b—okay, black male.
Det. Kim Davis: What did your daughter tell you?
Amanda Gates: She said, ‘I met this really hot cop’.
Shardayreon Hill: So, this is good evidence?
Det. Rocky Gregory: Well, you tell me.
[OPENING AUDIO COLLAGE ENDS]
Timestamp: The following episode contains investigative events which occurred on August 14, 2014.
00:59
Host: Welcome back to Bates Investigates - Season One: In Defense of Daniel Holtzclaw. This is episode fourteen and in this episode I will be discussing the Carla Johnson allegations. As I mention in every episode, this podcast follows the timeline of the investigation into former Oklahoma City Police Officer Daniel Holtzclaw. With that in mind, we are at a point where the investigation is two months in and it's really ramping up; and criminal charges—well, they're imminent. Because of that, we start to have some overlap in important events that occur on the same day or around the same time and I have to discuss those events separately so as not to get too confusing. In episode eleven through thirteen I discuss the Tabitha Barnes allegations that were made when investigators interviewed her on August 14th and August 17th. So, to keep with the investigative timeline, we need to back up again to August 14th of 2014. On this date, Oklahoma City Sex Crimes Detective Kim Davis and fellow detective Valerie Homan set out to locate and interview fifty-one year old Northeast Oklahoma City resident Carla Johnson. According to their own official police report, which I have published on this episode's homepage at holtzclawtrial.com, Johnson's name got on the detectives’ radar the same way most all of the accusers were identified. “Lieutenant Muzny gave me a list of several females that he wanted contacted because they could possibly be victims of Officer Holtzclaw. When he gave me this list, we had still not found a match to the unidentified female DNA found on Officer Holtzclaw's pants. Carla Johnson was on the list. On 8/14/2014, Detective Homan and I went to the last listed address in Varuna for Carla. She answered the door. I told Carla I received a tip that she may have been sexually assaulted by an Oklahoma City Police Officer. Carla shook her head and said, ‘Yes, ma'am. That did happen.’ We asked if we could come in and talk to her and she let us in.”
03:25
There's a couple of things that I think I really need to point out here before we get into Johnson's allegations. For one, and once again, detectives are not responding to a complaint by Johnson. Instead, detectives are actively seeking out victims and they only know to seek her out because their boss, Lieutenant Timothy Muzny, compiled a “list” of likely victims. Though I personally believe it's a list of most likely accusers. Regardless, this list is limited to black females with a history of prostitution and/or drugs that Officer Daniel Holtzclaw had contacted while on patrol. And, as I will get to when I cover the jury trial, detectives nor the prosecution could produce this list for the defense and even denied its very existence. Also, Carla Johnson remembered Detective Davis’ introductory quote a bit differently at trial where she said “she told me that they had been informed that I had been sexually assaulted by one of their police officers.” Secondly, even though Detective Davis pulled Johnson's address and took Detective Homan with her to drive to Johnson's residence for the express purpose of interviewing her, Detective Davis, for whatever reason, intentionally did not record the resulting interview—even though up to this point in the investigation they have recorded accusers Morris, Ellis, Mathis, and Barnes. In some instances they've recorded interviews with those people on multiple occasions. And additionally, in some of those instances, the interviews were even video recorded. Detective Davis was asked at trial how it is that she neglected to record her interview with Johnson. Her reply? That even though she took another detective with her, she didn't even bother to take a recorder because she didn't think Johnson would answer the door and that they would just leave a business card behind. Seriously, folks, this is how a seasoned Oklahoma City Police Detective answered under oath at criminal trial as to how she conducts a very serious investigation into one of their own officers. Also, as I've pointed out in other interviews, and as will be evident in future interviews, both Detectives Kim Davis and Rocky Gregory have a questionable habit of describing their interviewee’s demeanor in a way that does not match the resulting audio and/or video. With that in mind, I'm suspect that Johnson replied in the manner in which Detective Davis portrays her in her report. Regardless, the detectives first get Johnson's background information. She's an unemployed black female and has lived at her current address in the eighteen hundred block of Northeast Twenty Fifth Street for the past three years. She's lived there with her platonic roommate, a Mr. Victor Wilson. Johnson self-reported that she has no victim or mental health history, is not on any medications, but does have a history of multiple arrests, prison time and admits to smoking crack cocaine.
06:50
Johnson said she recalled being stopped by the officer who sexually assaulted her twice. Though she doesn't recall the officer's name, I'm going to refer to that officer as Daniel Holtzclaw going forward in this episode, because she does ultimately identify Holtzclaw in court as her attacker. Johnson said the first encounter was about four and a half months ago. That would have been the March 25th stop that I briefly mentioned in episode thirteen—the same date that Holtzclaw also stopped accuser Florene Mathis, and allegedly sexually assaulted accuser Barnes at around 10:00pm with her sex offender boyfriend and her children just inside her home. Johnson recalled her stop happened around 12:30am, though we know it actually occurred around 9:00pm. Johnson did accurately remember the location near Northeast Fourteenth and Kelham. You'll recall that's just the block from the crack house Officer Holtzclaw thought Tabitha Barnes was operating at Fifteenth and Jordan. Johnson testified at trial that she had just left the home of a ninety year old man that though he's not a relative and she never identified him by name, she allegedly has been taking care of him for four or five years and simply refers to him as Papa. Johnson stated she was walking from his house at Northeast Fourteenth and Kelham and headed to another friend's house at Northeast Fifteenth and Kelham. Johnson told Detective Davis (and later testified) that Holtzclaw first drove up from behind, passed her, then made a U-turn and came back, and then stopped her. She describes most of the encounter as pretty typical for that area. Officer Holtzclaw asked if she had any contraband on her. In response, she took off her jacket and emptied her pockets, which contained some cash, a lighter, and a cell phone. Johnson was also asked if she had any drugs on her, what she's been arrested for in the past, when was the last time she was arrested, and has she ever been arrested for prostitution? She says the officer even asked if she had just bought crack from the drug house on Northeast Fifteenth. That's possibly a reference to accuser Tabitha Barnes’ home. Johnson stated that Holtzclaw next asked if she was wearing a bra. She replied no, and “shook her shirt”. She also claims that Holtzclaw had her remove her shoes and socks, a claim you won't hear from any other accuser. She was then instructed to take a seat in the rear driver's side of his patrol car while he searched her purse, which was sitting on the trunk of his car. Afterwards Holtzclaw got in the driver's seat and asked where she was coming from and where she was going to. Johnson replied that she was on her way to a friend's house and that she had also been “taking care of her Papa”. According to Detective Davis' report, Holtzclaw asked Johnson seven or eight times if she was sure she didn't have anything down her pants. Johnson said no and even reportedly told Holtzclaw he could call for a female officer to come and check her. Holtzclaw then ran a check on her for warrants. When she came back clear, he let her out of the patrol car.
10:19
As she was getting out, Johnson said she saw a twenty dollar bill and claimed she thought it fell out of her back pocket, so she took it. Holtzclaw then told her he wanted to check his back seat to make sure she hadn't discarded any drugs there. After a moment he exclaimed that she needed to give him back the twenty dollar bill. Johnson said after she made sure it wasn't hers, she returned it. She recalled Holtzclaw commenting that he had the money back there for a reason, but didn't give any more details. Johnson then walked away allegedly to a friend's house. While Johnson doesn't claim anything inappropriate happened on this first stop, she does on the second stop, which she said was about a month and a half later around two in the morning. Records would later confirm that Holtzclaw did indeed stop Johnson on May 26th, 2014, but it was around 12:00am. Johnson said she was once again walking this time from a cousin's duplex near Northeast Sixteenth Terrace and Jordan Avenue when Holtzclaw rounded the corner around Northeast Sixteenth and Jordan Avenue and, according to Johnson, almost hit her. He stopped and he began as he did before by asking what she was up to and where she was coming from and where she was headed to. Johnson said she told Officer Holtzclaw that she was on her way home from her cousin's house. Holtzclaw then turned his attention to whether or not she had drugs or a weapon on her. Johnson said she replied no and emptied her pockets. When she pulled out condoms, Holtzclaw asked if she was out prostituting. She again replied no. He next had Johnson get in the back of his patrol car while he sat up front and ran her for warrants. Johnson said he made mention of recalling stopping her several weeks ago, but that he thought he had taken her to jail. When she came back clear for warrants, Holtzclaw once again let her out of his patrol car and asked her if she had any drugs. Specifically, if she had drugs hidden in her pants. Again, she claimed she was adamant she did not. Johnson claims that Holtzclaw then told her “let me check” to which she turned around thinking he was just going to pat search her, but that's not what she claims happened. When Johnson first spoke to Detective Davis, she was clear. Officer Holtzclaw reached around and grabbed both of her breasts and fondled them on top of her shirt. Johnson stated she was not wearing a bra. However, at Preliminary Hearing she updated her version so that it was much more favorable to the prosecution and now she is wearing a bra and Officer Holtzclaw touched her under her shirt and under her bra, skin to skin. After the discrepancy was pointed out by defense attorney, Scott Adams, Johnson changed it back to on top of her shirt while wearing a bra. At jury trial, while no longer skin to skin, she's now allegedly not wearing a bra.
13:32
Johnson said that Holtzclaw next put his hands down the front of her pants under her underwear and touched her vagina, and specifically her clitoris. According to Detective Davis' report, Johnson replied, “Sir, please. You are not supposed to do that,” to which Officer Holtzclaw’s only alleged reply was, “Okay, you can go”. Johnson claims that as she walked away, she used her cell phone to call her roommate, Victor Wilson. Johnson stated her cell phone is broken and that while whomever she calls can hear her, she cannot hear them. Johnson said she didn't know if Victor answered his phone and that she kept saying “I'm walking. I'm scared. This officer is really strange. He put his hands down my pants.” Johnson said as she was walking home, she rounded the corner onto Kelham and Officer Holtzclaw was coming up behind her again. She said he pulled up beside her and exclaimed, “As a matter of fact, you have a warrant. You need to take care of that.” At trial the prosecution forwarded the theory that Officer Holtzclaw made the existence of a warrant statement to scare Johnson and do use it over her in future sexual assaults. At Preliminary Hearing, Johnson testified that Officer Holtzclaw's comments didn't concern her or make her nervous because she knew she didn't have a warrant. When Johnson got home she learned that her roommate had indeed never answered the phone when she called. So, she explained what had just happened. At Preliminary Hearing, Johnson testified that she not only discussed what happened, but that she and Mr. Wilson actually listened to the voicemail she had left. She testified that you could only hear bits and pieces of it and that after they listened to it, Wilson deleted it. However, at trial, Johnson testified under oath that she didn't really talk to Wilson about the event and didn't even know if she had indeed left a voicemail; and certainly didn't listen to it and certainly knows nothing about deleting the voicemail that very night. She told Detective Davis she didn't report the incident because she didn't think anyone would believe her. However, she did offer to take a polygraph and stated she could pick the officer out of a photo lineup. Detective Davis indicates in her report that she returned the next day and obtained four buccal swabs or DNA samples from Johnson at her home. What she doesn't indicate in her official investigative report is that she had another detailed unrecorded discussion with Ms. Johnson. And we have reason to believe that they had this undocumented discussion because Johnson herself testified to it at the Preliminary Hearing. For some unknown reason, Detective Davis waits over a month (and only after Officer Holtzclaw has been arrested) to contact Carla Johnson's roommate, Victor Wilson to see if he can even corroborate any of Johnson's allegations.
16:49
According to Detective Davis' official report, she made contact with Mr. Wilson on the phone on September 18th of 2014. Wilson is a fifty-eight year old black male and admits that he and Johnson once were in a dating relationship, but over time they ended the relationship but continued to live with each other as roommates. Wilson recalled the May 26th early morning call from Johnson. He told Detective Davis that because of the late hour he did not answer the phone. However, he stated that the next day he noticed he had a voicemail and it was from Johnson. Wilson said when he listened to the voicemail, he heard Johnson state “she was pulled over by a police officer while she was walking and he felt all over her”. Detective Davis noted that Wilson claims he didn't talk to Johnson much about it, but that she just mentioned that an officer stopped her and ran his hand down her pants. Detective Davis noted that Wilson had “since deleted the voicemail.” There's not a lot to this case and by that I mean it's a pretty straight forward he said/she said without much direct evidence on either side—except for the testimony of the accuser and I think this is key. Whenever you have a he said/she said credibility and consistency are virtually all you have to go on. I'd simply argue this accuser has neither of those on her side. You've probably noticed by now in this serialized podcast that I don't harp on an accuser's race, addictions, or even they're often extensive criminal records, but it's no secret that in criminal proceedings where there is a total and complete lack of evidence, credibility is all you have left and the burden of proof is one hundred percent on the prosecution. Now, Johnson does have a felony record. In fact, she testified at trial to having at least seven separate felony convictions, but I've looked at her record and other than the one escape from a penitentiary charge, the rest appear to be all related to the possession of drugs.
I don't see that in and of itself as having a huge impact on her credibility, but her extensive drug possession record that Holtzclaw would have been aware of I do think does have an impact on why Holtzclaw may not have believed her when he encountered her and may have felt that there was a good chance she did in fact have drugs on her and therefore knowledge of drug activities in the area. I do think though that her credibility as far as the charges go should be suspect or at least is fair game for scrutiny, for the simple reason her facts (like so many of the other accusers) seem to change and almost always in the prosecution's favor.
19:50
So here's what I think the evidence actually supports. As we know from the most recent episodes, Oklahoma City Police Officer Daniel Holtzclaw not only patrols the Springlake District and extremely high crime area, but he also suspects (and even knows) that the occupants have more than one house in the area of Northeast Fifteenth and Jordan Avenue is dealing crack cocaine, heroin, PCP, and possibly other drugs. On March 25th of 2014 Holtzclaw starts his shift two hours early. Records show he logged on at 11:51am instead of his normal 2:00pm. Detective Davis testified he was most likely working in overtime shift. At around 4:50pm, Holtzclaw encounters accuser Florene Mathis at Northeast Fifteenth and Jordan. You'll recall she said nothing inappropriate happened on that date. At about 9:00pm Holtzclaw encounters Carla Johnson walking down the street. According to police records at 8:58pm he initiates contact with Johnson. He quickly learns that not only is she in the area of several drug houses at night, but she herself has a long list of drug related felony convictions. She is on foot and gives a home address that is about a mile away. This most likely necessitated the repeated inquiries as to whether or not she was in the area buying drugs and whether or not she had drugs hidden on her. Holtzclaw, seeing that Johnson didn't have a bra on most likely assumed if she was concealing drugs or drug paraphernalia it was hidden in either her pockets, purse, shoes, or her pants. As Johnson stated Holtzclaw did indeed search her purse, had her remove her shoes and socks, and emptied her pockets. Johnson claims there was no attempt at this stop to search her pants. Holtzclaw then places her in the back of his patrol car and runs her for warrants.
[RECORDING BEGINS]
[DING]
Computer: Tuesday, March Twenty-Five, Two Thousand Fourteen, Twenty-One Eleven and Fifteen Seconds
Off. Daniel Holtzclaw: One to run. OSCL. Last name is Johnson. That’s John-Ocean-Harry-Nora-Sam-Ocean-Nora. First name is Carla. Charles-Adam-Robert-Lincoln-Adam. Date of birth [redacted]. Black female. You should also look by social as well cause she has other aliases. [redacted]. Black female.
Computer: Twenty-One Eleven and…
[RECORDING ENDS]
Host: After coming back clear for warrants, Holtzclaw lets Johnson out of his patrol car. She does mention the presence of a twenty dollar bill and how she picked it up as she was getting out because she “assumed it had fallen out of her back pocket”. You'll probably recall from episode thirteen, Holtzclaw also had a twenty dollar bill in his backseat just an hour later when he encountered Barnes, just a block or so away; and as I described an episode thirteen, I think the twenty dollars was some sort of odd honesty test that Holtzclaw had picked up while working on the gang unit.
23:02
Police records show that the contact with Johnson ended at 9:22pm. Johnson claims she walked off at that point and that nothing inappropriate occurred. Fast forward two months and Johnson is once again a mile from home on foot at night in a high crime area known for drugs and prostitution when she encounters Officer Holtzclaw—this time only feet away from the corner of Northeast Fifteenth and Jordan. According to police records, Officer Holtzclaw puts himself out at the stop at about 12:10am on the morning of May 26th, 2014.
[RECORDING BEGINS]
Off. Daniel Holtzclaw: Charlie Forty-Five [inaudible] Sixteenth and Jordan.
[RECORDING ENDS]
Host: Holtzclaw recognizes Johnson from a previous encounter and he inquires with her about it. He's really just sizing her up as he is suspicious that she is once again in the area buying and/or using crack cocaine. This time Johnson says she is walking from her cousin's home and headed back to her house. Now, keep in mind, we've already had several examples where accusers in this area identify individuals as “cousins, uncles, aunts and papas” when in fact they are not related to them at all and often those people have criminal records. Once again, Johnson is placed in the back of Holtzclaw's patrol car and checked for warrants and once again she comes back clear.
[RECORDING BEGINS]
[DING]
Computer: Monday, May Twenty-Six, Two Thousand Fourteen, Zero Seventeen and Eighteen Seconds
Off. Daniel Holtzclaw: Charlie Forty-Five, stand by.
Dispatcher: Go ahead.
Off. Daniel Holtzclaw: One to run, please. Last name is Johnson. Common spelling.
[DING]
Computer: Zero Seventeen and Forty Seconds
Off. Daniel Holtzclaw: First name is Carla. Charles-Adam-Linc—uh, Charles-Adam-Robert-Lincoln-Adam. Date of birth [redacted]. Black female.
Dispatcher: Okay, Charlie Forty-Five all I got was Johnson cause I couldn’t understand what you were saying.
Off. Daniel Holtzclaw: First name is Carla. That’s Charles-Adam-Robert-Lincoln-Adam. Date of birth [redacted]. Black female.
[DING]
Computer: Monday, May Twenty-Six, Two Thousand Fourteen, Zero…
[RECORDING ENDS]
Host: At some point during the stop, I don't doubt that Holtzclaw inquired as to whether or not Johnson had drugs concealed on her person. Seeing she doesn't have a bra on Johnson admits she simply shakes at her shirt to show nothing is hidden underneath. She's not carrying a purse this time and when she emptied her pockets she has cash and some condoms. Being that it's a high prostitution area Holtzclaw suspects Johnson is walking this area engaging in street prostitution and then using the proceeds to buy crack cocaine, Johnson's admitted drug of choice. I would imagine that Holtzclaw naturally did check Johnson for drugs. He most likely had her shake her shirt and then either rolled down her waistband and/or he very well may have pat searched her waistline and legs with the back of his hands looking for drugs or drug paraphernalia, like a crack pipe. I personally can't imagine a situation where Holtzclaw would place his bare hand down her pants and literally touch her vagina after being suspicious she is engaging in street prostitution and crack cocaine. And keep in mind this is the first time we've heard this sort of an allegation, the direct touching of the crotch area, from any accuser.
26:29
But this isn't the first time we've heard what Johnson alleges was her only verbal response to Officer Holtzclaw touching her. You'll recall she said, “Please sir, you're not supposed to be doing this.” Wait a minute. Where have we heard this exact quote before?
[RECORDING BEGINS]
Jannie Ligons: Cause I said, ‘Oh, no, sir.’ I said, ‘You ain’t supposed to do this.’ I said, ‘You ain’t supposed to do this to me, sir.’
[RECORDING ENDS]
Sound familiar? It's verbatim to what accuser Jannie Ligons said to Detective Davis and in a widely aired news report less than two months prior to Detective Davis locating and interviewing, but not recording, Carla Johnson. Just as she didn't record accuser Jannie Ligons. I don't think it's an accident that two accusers interviewed by the same detective who didn't bother to record either of those interviews now conveniently contain identical quotes in each report. Having no warrants and no drugs on her, Holtzclaw releases Johnson from investigative detention and sends her on her way. Patrol car GPS and police records show that Holtzclaw ended the stop at 12:24am, or about fourteen minutes after it began.
[RECORDING BEGINS]
Off. Daniel Holtzclaw: Forty-Five, back in.
[RECORDING ENDS]
Host: As for Johnson's claim that Holtzclaw pulled back up to her about a block over, that's completely possible and his patrol car GPS has him still along the route Johnson said she was walking. As for what Holtzclaw may have said to her, well that's anyone's guess. If he did indeed have additional information that she did indeed have a warrant, then he may have simply told her or he may have simply told her to be careful or that he was keeping an eye on her because he felt she was lying about her activities in that area. I really have no idea, but I do know the prosecution's theory doesn't make sense that Holtzclaw pulled up and made up some excuse that Johnson had a warrant so that he could somehow use that over her to sexually assault her in the future. If he was going to do that, then why not do it just prior to the actual sexual assault. If after the assault, then why does he never have contact with her again? Furthermore, even by Johnson's own testimony, Officer Holtzclaw doesn't threaten her. He simply tells her she needs to take care of a warrant and drives away. If that's a threat and she follows up on his advice and tries to “take care of it”, she's going to be told by the City that she doesn't have a warrant. And lastly, like Johnson said, she was in the patrol car and heard the dispatcher say she was clear of any warrants and that even if Holtzclaw made that claim, she said it didn't even faze her or make her nervous.
29:36
Regardless, we know from cell phone records that Johnson did indeed place four phone calls in about a three minute span right after the stop to her roommate Victor Wilson's number. Each call was very short and Detective Davis’ report only reflects one. At trial, Johnson said she called the first time at 12:31am and hung up when she saw Officer Holtzclaw coming back down the street towards her. Just a quick interjection—phone records actually show she made two calls in quick succession at 12:31, then after Holtzclaw stopped briefly and went on she made two more telephone calls about 12:33am, both of those in succession. But why? She doesn't even know if Wilson has answered any of the calls. In fact, she testified she didn't even think he would because of the time of night so was she truly afraid and that's why she kept calling even though it would have served no purpose? Or does she always call her roommate when she is headed back home after loitering about in a very dangerous high crime drug area and her phone was just acting up, which she testified it was allegedly broken. Something I would have personally liked to have seen is a month or so of Johnson's phone records to see if it's common for her to call Wilson late at night and to see if she actually makes a lot of calls from her phone, thus putting into question her claim that her phone was broken and that she couldn't hear on it. There are red flags in this incident, both in Carla Johnson's favor and in Officer Daniel Holtzclaw's favor. In Johnson's defense, Holtzclaw's activity log reflected the March 25th traffic stop—the one where she says no sexual assault occurred; but his activity log doesn't reflect the May 26th stop—the one where she says she was assaulted. Prosecutors allege this was intentional on Holtzclaw's part to try and cover up his contact with Johnson. That said detectives only knew about the May 26th stop because Holtzclaw did call the stop in. So, there is an actual record of it; he just didn't write it down. In fact, he didn't write down any stops or contacts made with civilians after 10:40pm, though there was plenty of testimony that Officer Holtzclaw wasn't much of a paper pusher. He didn't have a history of keeping very detailed activity logs or field interview cards, but he was also never confronted about that fact by supervisors who were seeing on a daily basis activity logs that must have seemed a bit light and extremely few field interview cards.
32:33
Another red flag in Johnson's favor: searching female suspects when the necessity of such a search is debatable. Much was made about male officer searching females at trial (and I'll get into that testimony in detail in a future episode) but I can tell you this in Holtzclaw's favor, there is no policy forbidding it and it almost always comes down to officer discretion. Once again, there are no independent witnesses to these events even though the encounter was in a very public place on the street in the middle of a neighborhood with lots of late night street activity. Another potential red flag in Holtzclaw's favor, not so much in this case, but back in the original case, the Jannie Ligons case, the prosecution and many of Holtzclaw’s critics point to that stop and say that at about fifteen minutes, which I've pointed out was actually several minutes less than that, that that stop was far too long for something to not have happened. It's been forwarded that a fifteen minute stop is too long of a stop that doesn't result in a ticket or arrest. Well, the first stop with Johnson proves this is not true. That stop that night is about twenty-five minutes, doesn't involve a vehicle, doesn't involve a lack of insurance or driver's license, and doesn't result in an arrest or ticket. Yet, it was almost twice as long as Ligons was detained and Johnson testified that absolutely nothing inappropriately was said or done. Additionally, Carla Johnson allegedly offered to take both a polygraph and stated she could pick her attacker out of a photo lineup. Neither of those things were even offered by Detective Davis to strengthen her credibility. Why do you think that is? Of course, we don't even know for certain Johnson made those statements because Detective Davis didn't even bother to record any of her interviews with her. I personally feel the biggest red flags are the fact we know Johnson lied at least twice and regarding two critical moments. She lied when she tried to bolster her claims and said Holtzclaw reached up under her shirt and bra and touched her bare breasts, skin to skin. When she was caught in that lie, she backpedaled and said she was touched on top of her clothing. The second, and in my opinion even more critical, lie is when she and her roommate tried to use the existence of a voicemail to give credibility to her claims of sexual assault. There was clearly testimony that a voicemail had been left on Wilson's phone and the voicemail detailed and corroborated Johnson's allegations. However, during cross examination by defense attorney Scott Adams, it also became clear that Wilson and Johnson had conspired together and that neither could keep their stories straight. It went from a detailed voicemail was left on Wilson's phone (but only discovered by Wilson the following day and was never discussed in detail with Johnson) but was eventually erased, to they did discuss the voicemail that same night. Then there was testimony the voicemail that Wilson had described in detail was actually too garbled to tell what was being said. And lastly, the voicemail wasn't deleted some time later because he didn't think Johnson was going to report the allegations, but that he deleted the voicemail the same night it was allegedly recorded.
36:21
But should we really be surprised Johnson conspired with her roommate Wilson? The bigger question is why did Detective Davis allow that to happen and possibly taint her investigation? Davis waited over a month before making contact with Wilson. How was that professional or even possible? Wilson is Johnson's roommate. He reportedly has a job. Why is there zero mention of Detective Davis asking to talk to Wilson on her first or even second visit with Johnson at the home they share together? Detective Davis is either completely inept or she intentionally was giving Johnson and Wilson time to get their stories straight. Why else would you not interview the roommate of an accuser who claims that roommate possesses key evidence? And with that, I go back to the foundation of all criminal proceedings like this. In the absence of direct forensic evidence and the absence of independent eye witnesses, you must rely on the credibility of those making the allegations, and those being accused. Lying on the stand, or at least one's inability to be consistent with critical facts, should cause you to lose your credibility. Unfortunately, we're dealing with an investigation spearheaded by a detective that believes her accusers are credible despite all factual information to the contrary.
[RECORDING BEGINS]
Det. Kim Davis: We’ll take our time and we’ll verify everything the girls say, or we’ll verify everything he said. And the—and, and that’s the way the chips are gonna fall. And everything the girls said verified, and nothing he said did. [laugh]
[RECORDING ENDS]
Host: I can tell you this: Johnson's allegations resulted in two very serious criminal charges. To find out how seriously the jury took those allegations and the evidence (or lack thereof) you'll have to tune in when I discuss the jury trial and verdict in detail. This is where I'm going to end this episode. In the next episode I will be discussing accuser Carla Raines—she’s the accuser most notable for denying repeatedly that Holtzclaw had done anything inappropriate to her. That is, until the persistence of Detective Rocky Gregory got her to implicate Officer Daniel Holtzclaw. This serialized podcast of the State of Oklahoma vs. Daniel Holtzclaw follows the timeline and perspective of the investigation, but with the scrutiny of the defense. If you’ve enjoyed this podcast, please take a moment to subscribe and give us a five star review. If you would like to know more and see many of the files used to compile this episode, please visit this season’s homepage at holtzclawtrial.com. You can also follow updates on this season’s Facebook page at In Defense of Daniel Holtzclaw, or on Twitter and Instagram under the name @HoltzclawTrial. Bates Investigates - Season One: In Defense of Daniel Holtzclaw is researched, produced, and edited by me, Brian Bates. This has been a bug stomper production.
[child singing] Huh? [squishing sound] [laughter] Bugs!
