Superior Court denies appeal in sexual assault

LEWISTOWN - The Pennsylvania Superior Court has, for the second time, rejected an appeal filed by man convicted of rape and other related charges.

James J. Johnson, 37, formerly of Lewistown, was convicted on charges relating to two separate sexual assaults that occurred from January to July of 2001.

In May 2008, Johnson was convicted by a jury on two counts of aggravated indecent assault, two counts of indecent assault and one count of corruption of minors. The charges stem from two alleged incidents of inappropriate contact he had with a 12-year-old female.

In July 2008, Johnson was again tried and convicted on rape and other related charges pertaining to another incident involving a 14-year-old female.

As a result, Johnson was sentenced to serve seven to 14 years in a state correctional facility.

Johnson had previously pleaded guilty to two counts of aggravated indecent assault in November 2003; however, he withdrew his plea later, claiming he had ineffective counsel and filed an appeal with the Pennsylvania Superior Court.

According to court documents, the higher court did not dismiss Johnson's charges but ruled he could return to the Court of Common Pleas and face trial for his alleged actions.

Eventually, Johnson was released from a state correctional facility, pending trial on the above cases.

After Johnson's convictions in 2008, his attorney, Michael Gingrich, said he would file an appeal with superior court based on several issues.

The Superior Court sided with a previous opinion issued by the Mifflin County Court of Common Pleas that states Johnson's claims lacked merit.

Johnson claimed his cases were not brought to trial in a timely manner and should have been dismissed because of that. He also claimed that the trial court should have allowed testimony regarding the prior sexual conduct of the alleged victim. Lastly, Johnson claims oral and written statements he provided to police were made under duress.

It remains unclear if Johnson will file an appeal with the Pennsylvania Supreme Court, and an attempt to contact his attorney for comments was unsuccessful as of Monday.

Pending further court action, Johnson remains incarcerated at a state correctional facility.