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Friday, February 17, 2012
Another witness in the Ularius Johnson trial has identified the defendant as the man responsible for kidnapping and robbing her and her family at their Choccolocco home more than two years ago.
The trial of the Anniston man accused of serial rape continued in Calhoun County Circuit Court Thursday, with the prosecution calling six witnesses to the stand. Johnson faces 27 indictments including multiple counts of rape, kidnapping and burglary.
Cathy McGuirk, who was not sexually assaulted, took the stand in the afternoon, testifying for close to two hours about the day in September 2009 when she said she was forced to drive a masked man with a gun to an ATM and to give the assailant money. Through tears she recounted to the jury that the man held the gun to her son’s head and told McGuirk he would shoot his finger if she didn’t give him the jewelry she wore.
McGuirk was the only witness called by the prosecution Thursday who was asked to identify Johnson in the courtroom.
“He’s right over there,” McGuirk said, pointing to the defendant’s bench and making eye contact with Johnson. “I’m looking at him with the whites in his eyes.”
McGuirk is the fifth witness to identify Johnson in court during the trial.
Johnson’s attorneys objected to the identification on previous stated grounds, but were denied by the judge.
On cross-examination, David Johnston, attorney for the defense, asked McGuirk if she had identified Johnson as the man who attacked her prior to the start of the trial. McGuirk said she asked police to do a line-up after Johnson’s arrest, but that never happened.
“I didn’t need to do a line-up,” McGuirk said. “I’d never forget him.”
In her testimony, McGuirk said her training as a nurse allowed her to identify people based on various physical attributes, including neck, shoulders, feet and eyes. She said the man who attacked her in 2009 had cut large enough holes in what appeared to be the ski mask he was wearing to identify facial features as well.
McGuirk’s two children also testified at the trial. The prosecution showed video footage, taken from a surveillance camera at the Choccolocco home the day of the attack and played for the jury on Tuesday, and asked McGuirk’s daughter to identify her and her family. The video shows McGuirk’s daughter approaching a parked white Volvo in a driveway before being chased out of frame by a mask man appearing to hold a firearm.
The defense didn’t cross-examine McGuirk’s children or any of the other witnesses who testified Thursday.
In the morning the prosecution interviewed the last of the victims alleged to have been sexually assaulted by Johnson. The woman, who appeared to be in her 40s, said in May of 2008 a man in a mask broke into her home and raped her before forcing her to drive to an ATM and withdraw money to give to him. The woman’s husband also testified.
The final witness Thursday morning, Kay Saunders, said a man broke into her home in August of 2008 and stole a bracelet with individual ladybug and horse pendants.
During a struggle with the man who held a gun to her head throughout the encounter, Saunders was shot in her pinky finger and required surgery.
The prosecution team entered evidence for the court of Saunders’ sketches of the missing jewelry including a paint spot on the ladybug pendant as well as the recovered items matching her drawings.
The trial continues today at 8:30 a.m. Crime scene investigation witnesses and the pawn shop owner who alerted police to possible stolen property leading to Johnson’s arrest are expected to testify.
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Keywords: Choccolocco, witness, Johnson, kidnapping
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