Claims of Injustice Surround McLean County Convictions

BLOOMINGTON (June 6, 2024)

Author: Staff Writer

Families of Malcolm Johnson and Kevon Moon allege serious miscarriages of justice following their recent convictions on multiple charges, including first-degree murder, related to a 2020 shooting in Bloomington.

Malcolm Johnson, 31, and Kevon Moon, 25, were found guilty of first-degree murder, attempted murder, aggravated battery with a firearm, mob action, and obstructing justice. They face potential sentences of 63 to 153 years in prison.

The defendants' families argue that the convictions were marred by legal inadequacies and racial discrimination. Malcolm Johnson’s wife, Nicolette Johnson, claims that Johnson’s attorney, Harold M. Garfinkle, failed to properly consult with him or review the state's evidence, thereby compromising his defense. Scott also asserts that Garfinkle neglected to file a 4th Amendment motion to suppress evidence obtained through an allegedly illegal search by Detective Steven Fanelli.

Nicolette Johnson further reports that all African American jurors were excluded from the trial, resulting in an all-Caucasian jury. She notes a troubling pattern within McLean County of excluding black jurors in cases involving African American defendants. "This systemic bias effectively strips African American defendants of a fair trial," Nicolette stated.

Racial injustice concerning the exclusion of African Americans from juries in Illinois is not a new issue. Legal scholars have extensively documented this problem, as highlighted in the "Loyola University Chicago Law Journal Volume 53 Issue 4 Summer 2022 Article 4 2022 Illinois Courts Struggle with Implicit Bias and Justice Stevens’s Legacy: Why Illinois Should Revisit His Dissenting Opinion in Purkett v. Elem." These insights underscore the families' contention that the prosecutor improperly excluded African Americans from Malcolm's and Kevon's jury, further undermining the fairness of their trial.

Latara Moon, Malcolm’s mother, regularly visits her son in jail and believes the trial was fundamentally unfair. "Malcolm and Kevon were denied a fair trial not only because of ineffective legal representation but also because they were not judged by a jury of their peers. We are devastated by these injustices and seek true justice for Kevon and Malcolm," she said.

Initially set for April 2024, the trial was delayed to May due to the state's lack of readiness, further extending the nearly four-year wait for a resolution. During the trial, Detective Fanelli admitted that key evidence lacked a proper search warrant.

Facing sentences that could total 148 years, Johnson and Moon’s families criticize what they see as a corrupt and biased justice system in McLean County. They emphasize the fear among African American defendants of facing all-Caucasian juries, often resulting in plea deals rather than risking trial.

Now, Malcolm Johnson and Kevon Moon are seeking new legal representation to argue for a new trial based on claims of ineffective counsel.

Johnson and Moon are scheduled to be sentenced on July 22, 2024. Malcolm Johnson's mother's mother is asking for the help of a neutral attorney to advocate for Malcolm and Kevon. To reach Nicolette Johnson send her an e-mail at nikki8mj4life@gmail.com

For more updates and ongoing coverage, please stay tuned to Injustice Spotlight for future updates.