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Third ‘eyewitness’ testifies in Johnston murder trial

By Staff | Jan 21, 2010

The murder trial of defendant Kemar Johnston continued Thursday as another witness for the state took the stand to testify about what happened at a 2006 birthday party that ended with the deaths of two teens.
Assistant State Attorney Bob Lee called on Andrew Touchstone, who testified “everything was fine” when he showed up at a Cape Coral duplex for the October 2006 party. He told the jury that he saw Alexis Sosa, 18, and Jeffrey Sosa, 14, arrive and at first nothing happened.
“I didn’t think there was going to be a problem,” Touchstone said.
He testified that he heard an argument in the kitchen and saw Johnston or one of Johnston’s co-defendants, Roderick Washington, holding a firearm on Alexis in the kitchen area. He stated who he thought he saw hit Alex first and who was holding a gun. The Sosas were tied up on the kitchen floor with carvings in their backs when Touchstone left the party.
Touchstone said the Cash Feenz were a rap group at the time of the party.
“I know at the time Cash Feenz was just a music group,” he said. “It was just music, I think, at the time.”
Under cross-examination by defense attorney Terry Lenamon, Touchstone said he was subpoenaed to testify today and is on probation, meaning if he did not comply he would go to jail as part of the terms of his probation. Touchstone also was on probation on the night of the party and could have gone to jail for violation of probation if he had been charged with anything.
Touchstone testified that he initially lied to police, stating that he did not know anything that happened the night of the party. He was later visited by the detective who questioned him so police could retake his statement, which Lenamon claimed was because the tape recorder at the police station had “malfunctioned.”
“I don’t know what the reason was, but I was told I had to give my statement over,” he said.
According to Lenamon, Touchstone’s second statement to police was not that he did not know anything, that he told police details of the night’s events which were later recorded as his deposition to be used during his testimony.
“I wasn’t about to go to jail for something I didn’t do, regardless of if I was on probation or not” he said during questioning by the defense about his second statement to police.
“Gotta tell him something,” Touchstone added, of speaking with the detective.
Testimony continued today at the Lee County Justice Center before 20th Judicial Circuit Judge Thomas S. Reese. Assistant State Attorneys Bob Lee and Marie Doerr are prosecuting the case, and attorneys David A. Brener and Terry Lenamon are defending Johnston in his trial.