Psychologist: Killer isn’t suicidal

Twice-convicted murderer and Costa Mesa native Billy Joe Johnson wants the death penalty because he’ll have better living conditions until he’s executed, a psychologist testified in court Monday.

In interviews with criminal psychologist Roberto Flores De Apodaca, who was a witness for the defense, Johnson, 46, said he wanted to be on death row, according to Apodaca. There Johnson would get more time out of his cell and better amenities than if he were sentenced to life without parole, Apodaca testified.

Johnson was convicted two weeks ago of killing fellow skinhead gang member Scott Miller in 2002. The jury that convicted him is now charged with recommending whether Johnson gets death or life without parole in the penalty phase of the trial.

Johnson’s only concern is having his mother see him executed, Apodaca said. He told jurors Johnson’s mom is 73 and has emphysema. It would be years, possibly decades, before Johnson would be executed in California if he is sentenced to death, his attorney said.

Though it may strike some as odd to wish for the death penalty, Johnson’s decision is sober and calculated, Apodaca testified. He said Johnson is criminally psychotic, but not suicidal.

Johnson retells his past robberies and murders — which include beating a man to death with a hammer — in a matter-of-fact way, like a person talking about a TV show they saw the night before, Apodaca said.

He has the ability to rationalize his crimes through a warped sense of morals similar to those of his fellow Public Enemy Number One gang members, Apodaca testified. He said Johnson did not live up to his intellectual potential because he dropped out of school and used drugs. Johnson has an IQ of 92, Apodaca said.

“He regrets not ‘living at the top of the hill looking down on creation,’ ” Apodaca testified Johnson told him. He said Johnson blames his drug addiction for holding him back.

Michael Molfetta, Johnson’s attorney, looked to emphasize that Johnson’s years of growing up without a father left him impressionable and looking for guidance. Apodaca’s testimony that Johnson adjusted to his violent surroundings within the gang is part of why he should be sentenced to life, Molfetta argued.

Deputy Dist. Atty. Ebrahim Baytieh countered that because Johnson is criminally psychotic and will continue to hurt and kill others while in prison, he deserves to die.

Baytieh called witnesses to the stand who recounted Johnson’s conviction for killing a Huntington Beach man in 2004. Baytieh is expected to rest his case today, and Johnson is expected to testify in his own defense by the afternoon.