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Officer's sexual assault trial starts

December 16, 1998|By DAVE McMILLION, Charles Town

CHARLES TOWN, W.Va. - A Leetown woman tearfully testified Tuesday that a Charles Town police officer forced her into a sex act with him following a 1996 traffic stop in town.

Mary Elizabeth Brown Boyd testified that at one point during the evening, Paul C. Johnson told her in a "very harsh voice to shut up."

"I said I didn't do nothing wrong," said Boyd, wiping tears from her eyes at times during the first day of Johnson's trial on a charge of second-degree sexual assault.

Johnson's attorney, Kevin D. Mills, said Boyd set up his client.

Mills referred to a press conference Boyd called shortly after the incident in which she allegedly said she was "excited" that Johnson was being investigated.

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Two months ago, Boyd filed a civil suit against Johnson, Officer Joseph Forman, who also was involved in the Oct. 6, 1996, traffic stop, and the city of Charles Town.

Claiming Johnson "inflicted severe emotional distress," Boyd is seeking $1 million in the civil suit, according to Jefferson County Circuit Court records.

When Mills suggested to Brown during Johnson's trial in Circuit Court that she had a $1 million stake in the case, she replied, "Yes I do."

Mills said there was consensual sex the night of the incident, but not sexual assault.

Under questioning by Mills, Boyd, 24, said she had been in trouble for writing bad checks, had 23 convictions on unspecified charges and has served time in jail.

Boyd used her sister's name the night of the traffic stop on West Washington Street and was worried there were outstanding warrants against her, she said during her testimony.

"All of these things fall in line to give you a picture," Mills told the jury.

"You're going to have questions," said Mills, who claimed the allegations were made by a "mistress of deception."

Johnson, who is no longer with the police department, searched the car and found a can which he claimed had crack cocaine residue on it, according to Boyd's lawsuit.

Johnson said he could send Boyd to jail for giving a false name to police but that she could avoid incarceration if she had sex with him, according to allegations in the suit.

Johnson later grabbed Boyd by the head and forced her to perform oral sex, the suit alleges.

Johnson's trial could conclude today, officials said.

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