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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
11 |
Year Crime: |
1911 |
Year Convicted: |
1911 |
Year Cleared: |
1922 |
U.S. State or Country of Crime: |
Wisconsin |
County or Region of Crime: |
Dane |
City of Crime: |
Madison |
Result: |
Sentence Commuted based on innocence |
Summary of Case: |
"John A. Johnson, aka "Dogskin" Johnson, was wrongly convicted on September 13, 1911 of first-degree murder in the death of 7-year-old Anna M. Lemberger, who disappeared from her home in Madison, Wisconsin on September 6, 1911. Annie Lemberger's body was fund floating in Lake Monona on September 8, 1911. Immediate suspicion fell on Annie's father, Martin Lemberger, and mother, Magdeline Lemberger. Johnson, a neighbor of the Lemberger's, was charged on September 12 based on circumstantial evidence, and the next day John Johnson pled guilty to avoid being lynched by mob violence. Johnson was sentenced to life in prison, and as he was being driven into the prison Sheriff Brown told Johnson, "Well, Johnson, here is where you will spend the rest of your days." Johnson replied, "Well, anyway the mob didn't get me. I didn't kill that little girl." Johnson never confessed orally or in writing to the crime, and denied committing the crime during his interrogations. However, one of the officers involved in the case, Det. Pat Boyd, took credit for what was in fact a fake confession concocted by the police that was published on the front-page of newspapers. A day after he was imprisoned, newspapers published that Johnson proclaimed his innocence and that he only pled guilty to avoid being lynched by mob violence. While imprisoned Johnson wrote many letters to officials and newspapers proclaiming his innocence. Applications for a pardon in 1915 and 1919 were denied, based on the opposition of former Dane County DA Robert Nelson. In 1921 another pardon application was submitted based on evidence that it was physically impossible that he could have abducted Annie through her small bedroom window as the prosecution and police had claimed. There was also evidence that Annie wasn't kidnapped, but may have actually been killed by a family member. A gubernatorial pardon for Johnson was submitted in 1921, and a special prosecutor was appointed for Johnson's pardon hearing. Based on testimony during the hearing that began on September 27, 1921, Annie's father was charged with manslaughter, based on evidence he killed her accidentally, and two sons were charged with perjury. The perjury charges were dismissed because the testimony of Martin's son's wasn't under oath. The charges against Martin Lemberger were dismissed based on expiration of the statute of limitations. On February 16, 1922 Wisconsin Governor John J. Blaine issued his report to the Wisconsin legislature. Blaine's report stated: "While Johnson entered a plea of guilty, he now takes the position that he was not guilty, and that his plea of guilt was made because he was afraid of mob violence. I am also convinced that Johnson is not guilty of hte crime of murder. ... There is only one fact that stands out clearly, and that is that Johnson did not murder Annie Lemberger. ... Sentence commuted to expire at eight o'clock a. m. February 17, 1922." ("Crime of Magnitude: The Murder of Little Annie," By Mark Lemberger, Prairie Oak Press, Madison, Wis., 1993, pp. 150-151) Johnson was released after ten years and five months in prison based on the governor's proclamation he was innocent of murdering Annie Lemberger." |
Conviction Caused By: |
Police detective fabricated fake confession. |
Innocence Proved By: |
"On February 16, 1922 Wisconsin Governor John J. Blaine issued his report to the Wisconsin legislature. Blaine's report stated: "While Johnson entered a plea of guilty, he now takes the position that he was not guilty, and that his plea of guilt was made because he was afraid of mob violence. I am also convinced that Johnson is not guilty of the crime of murder. ... There is only one fact that stands out clearly, and that is that Johnson did not murder Annie Lemberger. ... Sentence commuted to expire at eight o'clock a. m. February 17, 1922." Johnson was released after ten years and five months in prison based on the governor's proclamation he was innocent of murdering Annie Lemberger." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"“Miscarriages of Justice in Potentially Capital Cases,” Hugo Adam Bedau & Michael L. Radelet, Stanford Law Review, November, 1987, Vol. 40, p. 131." |
Information Location 1: |
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Information Source 2: |
"Crime of Magnitude: The Murder of Little Annie, By Mark Lemberger, Prairie Oak Press, Madison, Wis., 1993" |
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Book About Case: |
"Crime of Magnitude: The Murder of Little Annie, By Mark Lemberger, Prairie Oak Press, Madison, Wis., 1993" |
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Book About Case (2): |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org