Attorneys for former Prince George’s County Councilwoman Leslie Johnson plan to ask for a sentence of probation or house arrest on Friday, rather than the jail time recommended by the U.S. Attorney’s Office, an argument prosecutors say would violate her plea agreement. Johnson, 60, admitted in June to flushing a $100,000 check down the toilet and stuffing $79,600 in cash in her bra and underwear at the instruction of her husband, former County Executive Jack Johnson, before trying to elude FBI agents who entered the couple’s Mitchellville home on Nov. 12, 2010.
She pleaded guilty to charges of conspiracy to commit witness and evidence tampering.
A sentencing memo provided by Johnson’s attorney, Shawn Wright, argues that “the aberrant nature of Ms. Johnson’s conduct,” as well as her guilty plea and lack of any further criminal conduct, should warrant her a less severe sentence.
A prison sentence would have a terrible effect on the Johnson family, the defense wrote.
“Ms. Johnson is truly remorseful of her conduct, understands the wrongful nature of her actions, and fully intends never to violate the law again,” Wright wrote.
U.S. District Court Judge Peter J. Messitte can issue a sentence much higher or lower than the guidelines set in Johnson’s plea agreement. Her sentencing is scheduled for Friday morning.
But in a letter sent to Messitte on Wednesday, prosecutors wrote that if Johnson’s attorneys were to ask for a sentence outside of the guidelines, it would violate her plea agreement.
According to the deal, “no other offense characteristics, sentencing guidelines factors, potential departures or adjustments set forth in the United States Sentencing Guidelines will be raised or are in dispute.”
In their response, sent to Messitte and the U.S. Attorney’s Office late Thursday afternoon, defense lawyers argue that the sentencing guidelines in the plea agreement are just one of the factors the judge may use in determining Johnson’s sentence.
Johnson and her husband were caught in a widespread investigation of corruption and extortion in Prince George’s County, led by Jack during his eight years as county executive. Jack pleaded guilty in May to charges of extortion and witness and evidence tampering, and was sentenced to more than seven yearsin prison on Tuesday.
Despite her guilty plea, she initially refused to resign from the County Council and collected another month of her $96,417-a-year salary before succumbing to pressure from County Executive Rushern Baker and members of the council.
