JACKSONVILLE, Fla. — The last of six board members who voted to approve the bonus plan at the heart of criminal charges against two former JEA executives is trying to get out of testifying.
Federal prosecutors did not originally have Camille Lee-Johnson on their witness list. However, they filed a motion over the weekend call Johnson and two others; all three are set to be questioned Friday to be vetted as witnesses. Depending on the outcome of those hearings, they may testify before the jury next week.
Lee-Johnson's attorney appeared Thursday afternoon to ask that his client be allowed to plead her fifth amendment rights and decline to testify, without appearing herself to make the request. He said Lee-Johnson was on a flight home from a trip, and would have been there if she could have been.
The attorney told Judge Brian Davis that he felt there was a risk that Lee-Johnson may implicate herself in a crime if she were to testify. When Davis countered that he cannot know that without knowing what questions will be asked, the attorney argued that he does know the basis of the questions.
He cited videos that have been shown to the jury already, which show Lee-Johnson speaking at board meetings. She was the chair of JEA's compensation committee, and Zahn's defense has often fallen back on her involvement in creating the plan.
He said he was concerned prosecutors might bring charges because "what (Zahn and Wannemacher) did was criminal, and because she was involved in it." He acknowledged that Davis could not grant Lee-Johnson immunity if she spoke, and could not prevent state or federal authorities from investigating her based on what she said.
He also said that based on her previous testimony, she may be held in contempt of court if she took the witness stand; and expressed concern that she would be caught in a scenario where she would either be held in contempt of court for refusing to answer, or in danger of criminal charges if she did answer.
Davis ruled that Lee-Johnson must come to court in person Friday morning, and plea the fifth in front of the court if she chooses to.
Hearings to vet Lee-Johnson, Herschel Vinyard, former chief operating officer at JEA, and Jon Kendrick, former JEA vice president of human resources, will begin at 9 a.m. Friday.
