Case Against Man Charged With Multiple Counts Of Armed Robbery In Jeopardy After Racine County Wisconsin Prosecutor Failed To Keep Track Of Witnesses They Planned Use During Trial


RACINE, WISCONSIN — A Racine man jailed on armed robbery charges — who netted more charges after allegedly beating up and trying to rob fellow jail inmates — did not go on trial Tuesday as initially scheduled.

That’s because three prosecution witnesses have moved and prosecutors don’t have their new addresses, a Racine County prosecutor said in court Tuesday, the day Milton McCain Johnson, 19, was set to go on trial for a string of November 2010 armed robberies and an attempted armed robbery.

Investigators are trying to find the witnesses but haven’t located them yet, Assistant District Attorney Robert Repischak said.

“I would not be able to proceed without them,” Repischak said.

McCain Johnson is charged with attempted armed robbery and two counts of armed robbery after he allegedly robbed two Racine businesses on Nov. 2, 2010, and tried to rob a gas station on Nov. 1, 2010, according to his criminal complaint.

Defense attorney Pamela Popken on Tuesday asked Racine County Circuit Judge Tim Boyle to dismiss the November 2010 armed robberies and attempted armed robbery charges.

“Mr. McCain Johnson has been in custody since Nov. 3, 2010, which is a substantial period of time,” she said.

But Boyle wasn’t biting.

He said since another, unrelated case was going to trial on Tuesday, he continued McCain Johnson’s case to Sept. 7. During that hearing, he told Repischak, he wants to know whether prosecutors have tracked down those witnesses.

“I will either have that information or advise the court we were unable to locate them,” Repischak said.

Boyle rescheduled McCain Johnson’s trial for Dec. 18 on the November 2010 incidents.

McCain Johnson allegedly tried to rob Raytown Enterprises Citgo on Nov. 1, 2010, and then purportedly stole $125 from Taqueria Los Willy’s and $122 from Dollar Tree on Nov. 2, 2010, according to his criminal complaint.

While jailed for those alleged offenses, McCain Johnson was accused last year of beating up and trying to rob other inmates at the Racine County Jail. Last May, McCain Johnson was charged as a repeater with two counts of battery by a prisoner, attempted robbery, substantial battery and disorderly conduct for allegedly beating and attempting to rob fellow inmates between April 14 and April 21, 2011, in the Racine County Jail.

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