DALLAS _ Former Dallas County District Attorney Faith Johnson is fighting a subpoena to testify at a hearing in Amber Guyger's murder case for the death of Botham Jean.
Johnson was subpoenaed by Guyger's defense attorneys to testify at an Aug, 19 hearing. Johnson's attorney, Russell Wilson, filed a motion this week saying asking state District Judge Tammy Kemp to toss the subpoena. The motion says Johnson will comply with a second subpoena for records.
Guyger, 30, was off-duty but still in uniform when she shot Jean, a 26-year-old accountant, inside his apartment. She told law enforcement that she mistook Jean's apartment for her own and thought he was a burglar. She lived one floor below him at South Side Flats, not far from police headquarters.
Guyger's murder trial begins Sept. 23 and jury selection on Sept. 6 _ the one-year anniversary of the shooting.
Johnson will be traveling out of the country on the day of the hearing, Wilson wrote in the motion. Alternatively, Wilson asks that the judge hear Johnson's testimony on a different day, reschedule the hearing or "take any other action the court deems appropriate."
The subpoena did not say why Johnson's testimony is needed. Although it could be because Johnson was mentioned by the defense in a motion for a change of venue. Guyger's attorneys argued she can't get a fair trial in Dallas because of all the publicity.
"With respect to her testimony, it is not clear what testimony is sought from Ms. Johnson and how it would be material to any matter before the court," Wilson's motion says.
Johnson was one of several prominent public officials named in a change of venue motion filed by Guyger's attorneys. Attorneys Robert Rogers, Toby Shook and Michael Mowla argued in the motion that their comments on the case, along with media coverage, make it impossible for the former Dallas officer to get a fair trial in Dallas County.
Johnson, a Republican whose tenure as district attorney ended when Democrat John Creuzot took office in January, is accused by Guyger's attorneys of having "perpetuated the pervasive, prejudicial and inflammatory publicity" in the case, they wrote in the motion.
The attorneys said Johnson "poisoned the jury pool" by commenting on the case publicly, pointing to news conferences she spoke at after Guyger's arrest and indictment, along with Jean's family.
The attorneys argue that Johnson interfered with Guyger's right to a fair trial.
Dallas prosecutors object to moving the trial.
Kemp, the judge, signed a gag order to prevent attorneys involved the criminal trial from speaking about the case.
