Prosecutors remain silent on prison sentence for disgraced prosecutor

DOTHAN, Alabama (WTVY) – Prosecutors are still undecided whether to seek prison time for Mark Johnson, a former Dothan prosecutor who was convicted of soliciting sexual favors.

“We have just [the trial]so we're going to talk about it,” said Clark Morris, who heads the Alabama attorney general's special prosecutors division, after jurors convicted Johnson on Thursday.

However, Johnson's freedom is in long-term danger because Alabama District Court Special Judge Burt Smithart ordered his detention immediately after his conviction, awaiting sentencing at a date yet to be set.

Morris told News4 that she was not surprised by the verdicts related to Johnson's solicitation of sexual favors from female defendants and witnesses.

Her boss said justice had prevailed, but pointed out that Johnson would have to spend decades behind bars.

“This is a clear case of someone regularly using his position to prey on vulnerable women for his own gratification,” said Attorney General Steve Marshall. “Mr. Johnson abused the public trust by taking advantage of the community he is sworn to serve and protect, and he must now be held accountable for his crimes.”

Investigators launched an eight-month investigation after News4 reported that Johnson had an ongoing online affair with a notorious drug offender. They found evidence that Johnson regularly sought sexual favors from those involved in the Houston County courthouse, where he worked as a prosecutor.

In one case, a former inmate testified that she had arranged for Johnson to accompany her because she was afraid he would send her back to prison. After the meeting, however, they only “groped” and “French kissed” each other, the woman told the jury.

Ironically, another woman who destroyed Johnson's budding career was never part of the criminal proceedings.

Jamie Connolly, another notorious drug offender, said she and Johnson began a relationship on Facebook Messenger after he “winked” at her.

While they were discussing a sexual rendezvous, officers arrested Connolly and charged her with possession of illegal narcotics.

Unable to post bail, she wrote to Houston County District Judge Kevin Moulton about Johnson's prosecution in early 2022. Pat Jones, then Houston County District Attorney, placed Johnson on leave and released him after the jury returned its six-count indictment several months later.

Ultimately, the decision on Johnson's sentence is Smithart's.

Because the jury found Johnson guilty of ethical violations, the judge is not required to follow the state's sentencing guidelines.

He has several options.

He could place Johnson on probation, impose a suspended sentence, or assign him an alternative punishment program, such as day release.

Morris, a former federal prosecutor, praised Smithart for his handling of the case after all local judges recuse themselves.

“We also thank the attentive jury who carefully considered the evidence,” Morris said.

Following the convictions, Smithart ordered Johnson's detention. Almost immediately, Johnson's lawyers filed a motion asking Smithart to reinstate his bail.

This is not the case and Johnson remains in the Houston County Jail, where he is housed separately from other inmates, according to a prosecutor's complaint.

After the trial, Johnson's lawyers declined to comment but filed a motion requesting Johnson's release pending sentencing.

A state regulator will likely revoke his law license.

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