Johnson pleads not guilty in death of Warnock

This story was edited to clarify the sentencing for Milo Warnock.

James M. Johnson entered a not guilty plea on a first-degree murder charge related to the death of Milo Warnock before Fourth District Judge Nancy Baskins.

Johnson appeared Wednesday mor­ning at the Ada County Courthouse in Boise before Baskin, who also scheduled a two-week trial for Feb. 3, according to court documents. Johnson was transported to the courthouse from Idaho Maximum Security Institution.

Warnock, 45, was a 1996 Lewiston High School graduate who died after being assaulted Dec. 10 at the Idaho State Correctional Institution in Kuna, Idaho. Johnson was Warnock’s cellmate. Warnock was serving a 2-10 year sentence for a felony DUI charge. He had been sent to the maximum security part of the prison after an issue with his medication resulted in an infraction. In May, the Warnock family notified the state of Idaho of their plans to file a wrongful death lawsuit against the Idaho Department of Corrections, its leaders and Centurion, the company for inmate health care.

Johnson, 33, was indicted Aug. 28 by a grand jury for first-degree murder and destruction, alteration or concealment of evidence, both felonies, according to court documents.

The first-degree murder charge carries the maximum penalty of life in prison as well as the death penalty. To seek the death penalty, prosecutors must file a written notice of their intent to do so within 60 days after the defendant enters a plea, according to Idaho code.

Ada County Prosecuting Attorney Jan Bennetts is also planning to request a persistent violator enhancement for Johnson, according to court documents. The enhancement can be invoked when a defendant has been convicted with at least two previous felonies and is convicted of a third. In such cases, the minimum sentence can’t be less than five years and the maximum penalty can be up to life in prison, according to Idaho code.

Bennetts also filed a motion for protective order for discovery Sept. 30. Discovery is the process where attorneys share information, such as witnesses and evidence, that will be used at trial. In the motion, deputy prosecuting attorneys Daniel Dinger and Jordan Hendry request that the court issue a protective order for the state to withhold names, addresses and identity of “confidential sources” of information from both the defense counsel and the defendant. If the court is unwilling to grant that request, the prosecutors ask that restrictions be in place for the defendant, according to court documents.

The argument in the motion states that Johnson is charged with murdering his cellmate while they were both at the Idaho Department of Correction, according to court documents.

“During the course of the investigation, the State has become aware of other inmates housed in the Idaho Department of Correction who witnessed, in one way or another, the commission of the crime, or otherwise have relevant inculpatory information about the crimes,” the motion said.

Prosecutors have received documentation “in various forms” of statements from inmates regarding what they saw and know about the crimes. Most of the statements were made to medical professionals or family members with some statements that were made to investigators, according to court documents.

Prosecutors are requesting that materials that contain information that identifies or “would tend to indicate the identity” of those witnesses be redacted and that Johnson wouldn’t be allowed to have or review those documents. Alternatively, the state is asking that if Johnson is given those redacted documents, he should only be allowed to review those in the presence of his public defenders at the Idaho Department of Correction or the Ada County Jail. The state is also asking that those documents not be duplicated or circulated except to attorneys or expert witnesses involved in the case, according to court documents.

Prosecutors outlined the reason for the request, stating that Johnson has “a history of violence while housed in the Idaho Department of Correction” and received disciplinary measures within the prison, according to documents.

“Additionally, while the issue of the defendant’s gang affiliations is still being reviewed, at least some documentation from the Idaho Department of Correction indicates an affiliation with Aryan Knights,” the motion states.

Prosecutors argue that Johnson’s history and the “extreme violence” of the alleged murder may result in any inmates providing information about the case being at risk of physical harm, coercion, retaliation and intimidation, if their identities were disclosed. Prosecutors also shared concerns that if Johnson were to receive copies of the documents, it would be circulated within the prison system and endanger potential witnesses, according to court documents.

Johnson’s public defenders, Amy Mitchell and Jessica Harrison, told Baskin at the hearing Wednesday that they are planning to file an objection to the protective order motion, according to court documents.

A hearing on the motion for protective order will take place Oct. 29.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.