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FEDERAL JURY RECOMMENDS DEATH FOR CONVICTED MURDERER

May 27, 2009

FOR IMMEDIATE RELEASE

A federal jury recommended a sentence of death on each of the two counts after convicting JOHN WAYNE JOHNSON, age 57, of the capital offense of bank robbery resulting in the death of Sidney Zaffuto, announced U. S. Attorney Jim Letten.

Specifically, JOHNSON, was convicted by the jury following an unanimous vote of one count of armed robbery resulting in the death Orleans Parish Deputy Sheriff Sidney Zaffuto (Count Two), and use of a firearm during the commission of a felony resulting in Deputy Zaffuto’s death (Count Three), each of which carried a possible death penalty. He was also convicted of conspiracy to commit armed bank robbery (Count One), which carries a maximum penalty of five (5) years imprisonment.

After deliberating less than one hour, JOHNSON was found guilty on all three (3) counts on Thursday, May 21, 2009 by a jury in federal court.

Today, following four (4) days of testimony in federal court, during the sentencing phase, the jury unanimously recommended that JOHNSON receive the death penalty on both counts two and three.

According to trial testimony, on January 8, 2004, JOHNSON, armed with a handgun entered the Iberia Bank located in Algiers in an effort to rob the bank. During the robbery, JOHNSON shot and killed Sidney Zaffuto, an off-duty Orleans Parish Deputy Sheriff who was acting as a security guard for the bank.

Speaking to today’s verdict, United States Attorney Jim Letten stated:

“Today, a federal jury of twelve (12) citizens sent a powerful and unmistakable message that the wanton and unprovoked murder of a law enforcement officer would be met with severe justice in its strongest form cognizable under American law. While nothing can undo the tragic and senseless murder of Deputy Sidney Zaffuto, the convictions and death sentences returned by the jury evidence our strong criminal justice system and, more importantly, the absolute and unswerving dedication of the men and women of the FBI and our United States Attorney’s Office who work tirelessly to defend the rights and safety of our citizens each day.”

David Welker, Special Agent in Charge of the FBI stated:

“The circumstances surrounding this case were extremely sad and senseless. The conviction and today’s sentencing of Johnson are continuous reminders of the FBI’s commitment to address and deter violent crime in New Orleans.”

JOHNSON’S co-defendant HERBERT JONES, JR. previously pled guilty and is awaiting sentencing. Co-defendant JOSEPH SMITH’S trial is scheduled for August 10, 2009.

U. S. District Judge Helen Berrigan will scheduled JOHNSON’s sentencing at a later date.
Under federal law, the Court must impose the sentence recommended by the jury.

This investigation was conducted by the Federal Bureau of Investigation and the New Orleans Police Department The case was tried by Assistant U. S. Attorneys Mark Miller and Brian Marcelle.