By Brian Anderson
Valley Times

June 30, 2001

OAKLAND -- Daniel Christopher Johnson ambushed Vincent Henneberry more than six years ago as the Pleasanton electrician returned home from work, beating him to death in hopes of riding the financial coattails of the man's son, a jury decided Thursday.

After a morning battle between attorneys over allegations of juror misconduct, Johnson, 27, was found guilty of lying in wait to kill his friend's father and doing so with the intent to profit, two special circumstances that could garner the death penalty.

"I'm just happy it's over with," said the victim's brother, Timothy Henneberry, as he called relatives with the news from outside the courtroom. "The family is glad it's coming to an end."

Sitting between his two defense attorneys as he had during the entire five-week trial, Johnson cried with his cupped hands covering his face as the court clerk asked jurors individually if they agreed with the decision.

"Regrettably, yes," said juror No. 5, who told Alameda County Judge Vern Nakahara on Wednesday that he could no longer continue deliberating in such an intense situation. He later changed his mind and vowed to continue discussing the case.

Johnson's parents held hands and watched in silence as jurors filed past their son. They declined to comment.

The verdict came two days after the same jury convicted Johnson of the January 1995 Henneberry murder.

They struggled since Tuesday to reach consensus on the aggravating circumstances, at one time notifying the judge they were hopelessly deadlocked.

Their disagreements again spilled into the courtroom Thursday, with allegations that the forewoman told fellow jurors that a woman called by prosecutor Colton Carmine was a credible witness.

The parents of witness Julie Carlson, who knew Johnson and the victim's son Marc Vincent Henneberry at the time of the killing, attended the same church as the head juror.

The revelation led defense attorney James Giller to call for a mistrial, which the judge denied.

"That's an extremely serious situation," Giller told Nakahara. "This jury has been tainted."

The panel ultimately believed Johnson killed Henneberry to sponge off the man's son, whom Johnson figured would get a hefty insurance payout and inheritance. The pair were arrested at a Reno casino after partying for days on Vince Henneberry's cash and credit cards.

Marc Henneberry could go on trial in the coming months.

Jurors passed nearly 20 notes to the judge in the week they deliberated, asking to have testimony reread, for clarification on points of law and complaining about possible violations of jury procedure.

They will return July 9 to begin the penalty phase in which they will decide whether to recommend Johnson be put to death or remain imprisoned for life without parole.

"We are bowed but not beaten by this verdict," defense attorney Daniel Horowitz said.