A Sullivan County man won his appeal from behind bars after accusing the judge
of saying racist remarks.
An appeals court has ruled in
favor of Angelo Johnson to reduce his sentence by a decade after they found the
judge’s remarks at his 2018
sentencing were racist.
Court documents show retired Sullivan County Judge Frank
Labuda said Johnson’s brain was “retarded in growth” and was “not developed
through no fault of [his]
own.”
Johnson was sentenced to 15
years to life in prison for burglary as a repeat felon, but he could be
released as early as next month because of the appeal.
“My hope is that this gives some hope to others
that may have been afraid to bring the issue up,” says Johnson’s appeal
attorney Carolyn George. “In this day and
age, for someone to say that – it was
very horrible.”
Johnson’s sentence was reduced
by 10 years after the panel of appellate judges found Labuda’s comments were
aligned with 19th century beliefs about African Americans.
Court documents also referenced
an incident during the trial where Labuda repeatedly told court officers to
bound the defendant’s mouth with tape.
“The judges demeanor throughout
the entire proceeding was disrespectful,” says George.
Labuda retired in 2019 after 22
years on the bench and a failed run at Sullivan County district attorney.
He currently works in private
practice and did not immediately respond to News 12’s requests for comment.
He has denied his remarks were racist in a
published report.
Angelo Johnson is up for parole
next month. If released, he’ll serve five
years post release supervision.