Johnchuck's Defense Files Motion For New Trial For Death Of Child

CLEARWATER, FL -- Less than two weeks after being convicted of first-degree murder for throwing his 5-year-old daughter, Phoebe, off the Dick Misener Bridge in January 2015, John Johnchuck is asking for a new trial.

Johnchuck, 29, received a mandatory sentence of life in prison after a trial that lasted nearly a month.

His public defenders claimed that Johnchuck, who has a history of mental problems, was legally insane when he threw his daughter into the frigid waters 62 feet below the bridge.

Prosecutors said he was motivated by revenge because Phoebe's mother was trying to take the child away from him.

According to the Pinellas County Clerk of Circuit Court, Johnchuck filed a motion requesting a new trial on April 26 on the grounds that the prosecutor committed misconduct by making statements in opening remarks and then offering no evidence. Johnchuck's attorneys said the court should have granted the defense's motion for a mistrial because those opening statements prejudiced the jury against Johnchuck, "resulting in the substantial rights of the defendant being prejudiced."

The statements made in opening remarks that weren't backed up with evidence, according to the defense, included:

• Johnchuck took Phoebe away from her mother, Michelle Kerr, and wanted to keep Phoebe from her mother.
• Michelle Kerr was starting to get her life together and had the ability to get custody of Phoebe. Kerr had a new boyfriend, Guy Kisser, who had a job and could provide a home.
• Johnchuck was receiving Social Security money for Phoebe and felt threatened
• he was going t0 lose this money.
• Johnchuck sent heated text messages to Kerr after Christmas about him getting custody of Phoebe, getting a lawyer, and teller her that she will never see Phoebe again. These texts continued into the New Year. He was also jealous of Phoebe for getting gifts.
• Johnchuck committed this murder to punish his mother and Phoebe’s mother. Phoebe’s mother wanted her back.

"Not only was there no evidence introduced by the state t0 support the above comments but they (the prosecution) actually introduced evidence in conflict with the assertions made in opening," wrote the defense in its motion.

Johnchuck's mother, Michele Jonchuck, testified that she had been Phoebe’s primary caregiver the six months preceding her death. This testimony is in direct conflict with the state telling the jury that Johnchuck had custody of Phoebe and was afraid of losing her to his mother or Phoebe’s mother, said the defense.

The defense pointed out several incidences in which it said statements were made in opening arguments but witnesses were never called to corroborate those statements.

"The cumulative effect of the overwhelming number of statements that were made and then not supported by substantive evidence substantially prejudiced the defendant from receiving a fair trial," the defense maintained.

The defense also faulted the judge failed to give Johnchuck a fair trial by allowing statements such as Johnchuck had a history of saying bizarre things to his mom, would use Phoebe to get things from people, had a specialized printer to make fraudulent checks, had no empathy for the family pet and had a problem with his sexual identity.

"The defendant was extremely prejudiced by the introduction of all of these prior bad acts, wrongs or crimes," wrote the defense. "The evidence elicited by the state and allowed by the court portrayed the defendant as an evil person with a propensity to commit crimes. The defendant was prejudiced because he was not on trial for any of these crimes 0r wrongs."

The defense also contended that the photos of Phoebe's autopsy should not have been admitted into evidence after the defense objected.

No date has been set for the motion to be heard by Judge Chris Helinger at the County Justice Center in Clearwater.

Related story: Johnchuck Found Guilty Of Murder For Throwing Daughter Off Bridge