Johnson appeals to Albany judge today - WALB.com, Albany News, Weather, Sports

Johnson appeal granted by Judge Lockette

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Ray Johnson in an earlier court appearance Ray Johnson in an earlier court appearance
Angela Sizemore Angela Sizemore

A judge grants a request from a condemned Albany killer for more D-N-A testing on evidence in his case.

Ray Johnson is on death row for the 1994 murder of Angela Sizemore.

Her daughter says ongoing court proceedings are taking a toll on her family.

Katie Barker was 4 years old when her mother Angela Sizemore was murdered. Wednesday Barker drove from Chattanooga Tennessee to attend the hearing, still waiting for justice for her mother.   Saying it's time to let her rest in peace.

Ray Johnson's defense attorneys from the Georgia Resource Center asked for more DNA testing and preservation of possible fingerprint evidence off a piece of paper found on Angela Sizemore's body March 24, 1994. The 34 year old Lee County mother was stabbed 41 times, after leaving a bar with Ray Johnson. Johnson was sentenced to death in 1998. October 4 2011, one day before his scheduled execution, Judge Willie Lockette stayed Johnson's execution so more DNA testing of evidence could be done on appeal. Now 10 months later the Judge granted 8 more samples to be tested.

 Judge Willie Lockette said "Get those done. We'll see where we are. At this time I am not authorizing any tests beyond that."

Watching the hearing, Sizemore's daughter Katie Barker. She was only 4 when her mother was killed.

 Barker said "We are just ready to get this over with. It's been dragged out in the court system. But it's also been dragged out emotionally as well."

Prosecutors say the state has spent 30 thousand dollars on DNA tests in this appeal so far, and that cost will grow to almost 35 thousand dollars with today's ruling. Defense attorneys said they understand cost is a concern, but it shouldn't be an overriding concern with Johnson's life in the balance.

Barker said " But he didn't put a price on my mother's life when he took her life that night."

Prosecutors say nothing new has come from the testing so far, and it's time to bring it to a conclusion.

District Attorney Greg Edwards said "Literally any number of tests could be conducted on any number of items. But there has to be a reason and an objective to be accomplished by that testing."

Katie Barker said she still believes Ray Johnson will be executed.  One day.

Barker said "I do. I feel like she'll finally be able to rest in peace."

Barker said she is ready for Johnson to receive justice, and then be able to honor her mother without being reminded about her tragic death.

There's an ongoing lawsuit over a recent change in the drug Georgia plans to use in executions. Because of that, District Attorney Greg Edwards said it's unlikely Ray Johnson will be executed in 2012.

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