William Jonathan Mayo was the first in his family's family to go to college.

        Growing up in Avondale, he worked to pay tuition at Roger Bacon High School and won a 3-year ROTC scholarship at Morehouse College.

        Three credits shy of a bachelor's degree in psychology with a criminal justice minor, he was close to being commissioned 2nd Lieutenant in Army/ROTC.

        But his longtime habit of mentoring was his undoing.

        It was Nov. 3, 1991. Homecoming weekend at Morehouse in Atlanta. Mr. Mayo had taken two high school students from Chicago to see the campus and was about to drive them home.

        He stopped at a friend's home in Smyrna, Ga., to retrieve winter clothes he'd left. While he was inside, Mr. Mayo says, the two teens left his rented car and forced their way into a town home two doors down.

A home invasion

        According to police, one teen pointed a gun at Ben and Sally Johnson, and demanded money. They forced Mrs. Johnson, a polio victim, to crawl upstairs.

        They took her wallet, an ATM card and personal items, and tied the couple up. Then they returned to the car.

        Mr. Mayo drove the car on the highway but was soon pulled over and arrested. All three men were charged with aggravated robbery and related charges.

        Five months later a jury convicted Mr. Mayo. Judge Robert E. Flournoy Jr. immediately sentenced Mr. Mayo, a first-time offender, to two life terms plus 20 years.

        The two youths had cut deals for testifying against Mr. Mayo; they received 20 years with possible early release. Mr. Mayo, imprisoned in Macon, Ga., maintains his innocence. So far he and supporters in Cincinnati have raised and spent about $200,000 on numerous legal briefs to gain a new trial. They've been unsuccessful.

        On Wednesday, John Walsh, of America's Most Wanted, took up Mr. Mayo's cause on his new talk show. He says there is strong evidence that the system didn't work. I agree.

Fake testimony

        A year after the 1992 trial, and again in 1995, both youths took the stand and recanted their testimony, saying they had been pressured to lie. One said the gun was his.

        Police mishandled the victim's initial identification of the suspects, creating potential for prejudicial identification at Mr. Mayo's trial, Judge Flournoy noted.

        Witnesses used by the prosecution to disprove Mr. Mayo's alibi committed perjury. One used a fake name on the stand; another lied about his address. Neither man disclosed that other criminal charges were pending against them in unrelated cases under other aliases.

        Judge Flournoy held no sentencing hearing and gave no rationale for the two life terms. When reached last week, he declined comment.

        Irvan Alan “Van” Pearlberg, assistant district attorney who prosecuted Mr. Mayo, said Mr. Mayo is guilty and deserves life in prison.

        “The evidence was overwhelming,” he said, pointing out that Mrs. Johnson identified Mr. Mayo in court.

        He couldn't explain how Mrs. Johnson could recognize Mr. Mayo when he was alleged to have worn a ski mask. The mask was not admitted into evidence in court.

        Also, Mrs. Johnson didn't identify Mr. Mayo's picture when it and photos of the other two were placed in front of her after the crime.

        Fingerprinting of the crime scene and the stolen items — if it was done — was not presented at trial. Nor were 911 tapes, which were destroyed.

        The questionable testimony and witnesses, the dual life terms, the missing evidence — it all adds up to a strong argument for a new trial.

        E-mail damos@enquirer.com, or call 768-8395.

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