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News

Judges and Judiciary

Aug. 23, 2019

Tearful justice testifies he never meant to harass women

In between periodic bouts of sobbing, an emotional Justice Jeffrey W. Johnson took the stand Thursday to defend himself against a litany of claims alleging he sexually, verbally and physically harassed and bullied female colleagues and subordinates.

LOS ANGELES -- In between periodic bouts of sobbing, an emotional Justice Jeffrey W. Johnson took the stand Thursday to defend himself against a litany of claims alleging he sexually, verbally and physically harassed and bullied female colleagues and subordinates.

Testifying for most of the day at a Commission on Judicial Performance fact-finding hearing, Johnson acknowledged some of his past behavior made others uncomfortable, but he maintained he never intended to elicit such a reaction. He also testified, however, that many of the allegations made against him by 17 women were "made from whole cloth."

"Some of the witnesses were telling the truth," Johnson testified. "Some were telling most of the truth, but some important details were incorrect. Some of the witnesses were outright lying."

Chief among the latter, Johnson testified, was Justice Victoria Chaney, a colleague of his in the California Court of Appeal's 2nd District. Earlier in the hearing, Chaney told the panel of special masters Johnson groped and made sexual remarks to her over a nine-year period. Johnson called her testimony "the most hurtful of all."

"She was a friend," he testified. "She's been telling lies for nine years. It's betrayal, subterfuge, dishonesty on a level I could never comprehend."

Johnson flatly denied propositioning Chaney, squeezing her breasts or patting her posterior.

"She would come to me for hugs," he testified. "The hugs were never touching her breasts. They were just hugs."

Johnson became emotional when his attorney, Reg Vitek of Seltzer, Caplan, McMahon & Vitek, brought up Chaney's testimony claiming he asked if "she ever sucked a black dick."

"When someone accuses me of using language like that, it crushes my soul," Johnson testified. "I want to be recognized by my thoughtfulness or my intellect or my concern for other people. It's not a phrase I would ever use to describe myself."

Vitek then attacked Chaney's credibility by questioning Johnson about a business trip the two justices took to Reno, Nevada in 2010. Chaney's recollection of the trip -- a workshop for new justices -- was wholly inaccurate from their hotel accommodations to use of a rental car, Johnson testified. Johnson also produced receipts verifying he stayed at a Residence Inn, not an Embassy Suites, and split car rides with Chaney between the hotel and the judicial college.

But Johnson's most strongest rebuttal came when he alleged that, on the third night of the trip, Chaney propositioned him.

Johnson testified that during a dinner conversation, Chaney remarked how men have complimented her appearance over the years and have told her, "I'm really good at sucking dick."

Then, Johnson testified, Chaney told him, "You carry yourself like you have a nice package."

"I'm adequate," Johnson testified responding.

Johnson later testified he told his wife about the compliment but didn't include the other comments. He told the full story to his pastor, who recommended he report it, Johnson testified.

"To what benefit?" Johnson recalled telling his pastor during testimony. "She'll put on her innocent face. I'm the only black man on the bench. I'll navigate my way."

Johnson also denied propositioning California Highway Patrol Officer Tatiana Sauquillo, emphasizing that at the time of the alleged misconduct, Johnson was distraught about his daughter, who was dealing with a stalker while attending Brandeis University in 2014.

"I was afraid she would get killed," Johnson testified.

"Was an affair with the officer on your mind?" Vitek asked.

"No, sir," Johnson replied.

Johnson also vehemently denied the allegations of Price Kent, a sole practitioner who claimed Johnson put his hand on her thigh and invited her to his chambers multiple times, and Roberta Burnette, a sole practitioner who testified Johnson told her she was very voluptuous.

Burnette, a viola player with the Los Angeles Lawyers Philharmonic, also testified that Johnson told her she "need[s] to put your viola mouth on my big, black dick" earlier in the fact-finding hearing.

Both Kent and Burnette claimed Johnson was intoxicated during those encounters, which he denied during testimony. He testified that his diabetes, diagnosed in 2005, causes him to sometimes stammer and suffer from fatigue. Few people knew about his condition because, "I didn't think it was anybody's business," Johnson testified.

Earlier in the morning, Johnson confessed his innate curiosity would sometimes got the better of him. Addressing the allegations of former staff attorney Andrea Blatchford, Johnson testified he overstepped when asking about her tattoos and whether she was dating a black man.

Since the allegations came to light, Johnson testified that he's been in therapy and realizes certain social mores and conversations he long held as appropriate are not.

"Andrea Blatchford is a reasonable, genuine, hard-working person. I don't have a negative word about her," he testified. "I feel awful that I caused her that uncomfortableness. I now realize for some people that's offensive."

On cross-examination, Commission of Judicial Performance examiner Emma Bradford grilled Johnson on former clerk Nicole Denow's allegations that he flirted with her, saying he wished he had met her in college.

"I might have said that," Johnson testified, who apologized for making her uncomfortable if he said it.

Cross examination of Johnson is scheduled to continue Friday.

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Glenn Jeffers

Daily Journal Staff Writer
glenn_jeffers@dailyjournal.com

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