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Ohio.com - Deaf man ruled fit for trial in killing
A man who can neither hear nor speak is now fit to stand trial after five years of sign language training, a Summit County judge has found.
Jerron Johnson, 22, has been schooled in American sign language since 2003 while in the custody of a state mental health institution. His inability to communicate with his attorneys has delayed his trial.
Common Pleas Judge Thomas Teodosio set a February trial date. But Johnson's lawyers remain concerned that his signing abilities will decline after his transfer in August to the Summit County Jail, where instruction may be limited.
''Jerron understands the basics of what's going on and what's happening, but beyond that, everything above the basic is lost upon him,'' said defense attorney Don Malarcik. ''It's a complex, convoluted case, with dozens of witnesses, a multitude of alleged victims, DNA evidence, and trying to discuss that with Jerron is a monumental task.''
A previous attorney said Johnson's IQ is 61.
He was 17 years old and a Firestone High School special education student when he was arrested in 2003 on charges dating back two years, including the rape and murder of an Akron woman, sexual assaults against two other women and a voyeurism charge involving a 13-year-old girl.
Shortly after a Summit County judge ordered him to be tried as an adult, Johnson was declared mentally incompetent by another judge because of his inability to communicate.
Johnson, who was born deaf, never received formal sign language instruction. Instead, he relied on a family-taught method of signing that limited his communication essentially to relatives, Malarcik said.
Johnson is accused of aggravated murder and rape in the 2001 strangulation death of Jean Zienka, 45, of Akron. He is also charged with attempted murder, rape and voyeurism in three unrelated cases.
Zienka, who suffered from mental illness, was survived by a sister. The family could not be reached for comment.
Johnson was originally indicted with death penalty provisions, but a U.S. Supreme Court decision has exempted juveniles from execution. He faces life in prison if convicted of the murder charge.
Malarcik said Johnson's mother, Tiara Cash, has assisted in interpreting since Johnson was returned to the county jail from a Columbus facility, where he had been trained in sign language since a judge declared him incompetent in November 2003.
Cash said she is concerned that her son will not receive a fair trial because of his inability to understand the nuances of a trial or the sign language being relayed to him by a court-appointed interpreter.
Summit County prosecutors could not be reached for comment.
''He's been incompetent all these years and now all of sudden, they say he is competent,'' she said. ''But he's not going to understand the sign language. The judge isn't going to understand. His lawyer is not going to understand. So, how is a jury supposed to understand? I don't see how there can be a fair trial.''
A man who can neither hear nor speak is now fit to stand trial after five years of sign language training, a Summit County judge has found.
Jerron Johnson, 22, has been schooled in American sign language since 2003 while in the custody of a state mental health institution. His inability to communicate with his attorneys has delayed his trial.
Common Pleas Judge Thomas Teodosio set a February trial date. But Johnson's lawyers remain concerned that his signing abilities will decline after his transfer in August to the Summit County Jail, where instruction may be limited.
''Jerron understands the basics of what's going on and what's happening, but beyond that, everything above the basic is lost upon him,'' said defense attorney Don Malarcik. ''It's a complex, convoluted case, with dozens of witnesses, a multitude of alleged victims, DNA evidence, and trying to discuss that with Jerron is a monumental task.''
A previous attorney said Johnson's IQ is 61.
He was 17 years old and a Firestone High School special education student when he was arrested in 2003 on charges dating back two years, including the rape and murder of an Akron woman, sexual assaults against two other women and a voyeurism charge involving a 13-year-old girl.
Shortly after a Summit County judge ordered him to be tried as an adult, Johnson was declared mentally incompetent by another judge because of his inability to communicate.
Johnson, who was born deaf, never received formal sign language instruction. Instead, he relied on a family-taught method of signing that limited his communication essentially to relatives, Malarcik said.
Johnson is accused of aggravated murder and rape in the 2001 strangulation death of Jean Zienka, 45, of Akron. He is also charged with attempted murder, rape and voyeurism in three unrelated cases.
Zienka, who suffered from mental illness, was survived by a sister. The family could not be reached for comment.
Johnson was originally indicted with death penalty provisions, but a U.S. Supreme Court decision has exempted juveniles from execution. He faces life in prison if convicted of the murder charge.
Malarcik said Johnson's mother, Tiara Cash, has assisted in interpreting since Johnson was returned to the county jail from a Columbus facility, where he had been trained in sign language since a judge declared him incompetent in November 2003.
Cash said she is concerned that her son will not receive a fair trial because of his inability to understand the nuances of a trial or the sign language being relayed to him by a court-appointed interpreter.
Summit County prosecutors could not be reached for comment.
''He's been incompetent all these years and now all of sudden, they say he is competent,'' she said. ''But he's not going to understand the sign language. The judge isn't going to understand. His lawyer is not going to understand. So, how is a jury supposed to understand? I don't see how there can be a fair trial.''