Updated: Monday, 23 Nov 2009, 6:24 PM PST
Published : Monday, 23 Nov 2009, 12:03 PM PST
Posted by: Dennis Lovelace
Santa Ana - A white supremacist was sentenced today to die for killing a
fellow gang member who divulged gang secrets on television.
In the end, it was just what Billy Joe Johnson wanted, his
lawyer said. The 46-year-old convicted killer's living conditions
at San Quentin prison's Death Row will be better than if he served
a life term at Pelican Bay State Prison, defense attorney Michael
Molfetta said.
"It's pretty well documented the living conditions are better
on Death Row," Molfetta said, where he said Johnson will have a
bigger cell and get to watch TV instead of being on lockdown for 23
hours a day.
"He wants to live on Death Row until he dies," Molfetta said.
"He knows that's not going to happen in the near future ... But as
long as it happens after his mother dies, he's OK with it."
Johnson, as he did throughout his trial, joked with his
attorney as Orange County Superior Court Judge Frank Fasel went
through the formalities of reading out the charges for which
Johnson was convicted.
Before the sentencing, the grinning Johnson leaned over and
jokingly suggested to Deputy District Attorney Ebrahim Baytieh that
he should join a "group hug" with Johnson and Molfetta.
At one point, he even gave Molfetta playful grief about how
the New York Giants defense played in the team's overtime victory
over the Atlanta Falcons because he knows the prosecutor is a
Giants fan.
Fasel did not comment on carrying out the jury's death
penalty recommendation, except to say that Johnson's crimes
"substantially outweighed" any "mitigating factors" that were
presented in his favor.
Johnson -- who was already is serving a life term for the
2004 claw hammer slaying of a man in Huntington Beach -- was
convicted last month of leading his boyhood friend, Scott Miller,
to his execution-style slaying on March 8, 2002, in Anaheim.
The victim's mother, Bonnie Miller, said outside the
courtroom she was "just relieved it's over and the district
attorney was successful. I don't know what will happen with the
appeal, but this will make the community a safer place for all of
us."
Johnson, formerly of Costa Mesa, lured Scott Miller to his
death months after he gave what he thought was an anonymous
interview to FOX 11 News about their gang.
The four women and eight men on the jury took about 2 1/2
hours to decide Johnson should die for killing Miller, who was
gunned down outside an Anaheim apartment complex after he left a
party.
Another gang member, Michael Allen Lamb, was previously
sentenced to death for his role in the Miller killing.
Also convicted of Miller's murder was Jacob Anthony Rump, who
was sentenced to life in prison without parole on Oct. 5, 2007.
Prosecutors said Miller, known as "Scottish," was killed
because he aired the gang's dirty laundry in a two-part news
report.
The piece, broadcast on Feb. 20-21, 2001, focused on the
evolution of the gang -- which grew out of the 1980s punk rock
music scene in Long Beach, then evolved to racist skinheads to
criminal thugs.
Miller, though his face was obscured, was recognized by gang
members in the TV appearance because of a tattoo and his pet pit
bull.