Judge throws out evidence in case of decapitation

EDWARDSVILLE, Ill. -- A judge has thrown out all of the evidence against a Collinsville woman accused of cutting off her boyfriend's head and putting it in her freezer.

Madison County Circuit Judge Charles Romani Jr. has ruled that police illegally searched Suzanne Johnson's apartment without a warrant.

If the ruling stands, it will destroy the prosecution's murder case against Johnson, a prosecutor said.

"We won't have any choice," Assistant State's Attorney Susan Jensen said Friday. The case "will have to be dismissed."

Collinsville Police went into Johnson's apartment without a warrant in 1996 when a downstairs neighbor noticed blood oozing down a wall in her own apartment. Johnson was not home at the time.

The officer who entered, Daniel Arvizu, said he accidentally knocked the lid off a large garbage can in the kitchen and saw a blanket inside. He looked under the blanket and saw the body of Johnson's boyfriend, Frank Brown.

Police went on gathering evidence but did not obtain a search warrant until 28 hours after the initial entry.

In March, Romani threw out any evidence collected during the 28-hour period, including the discovery of Brown's head in Johnson's freezer but not a confession given by Johnson.

Both sides asked Romani to reconsider, and the judge ruled this week that all of the evidence is "fruit of the poisonous tree" because it all was the result of the officer's illegal search of the garbage can.

Johnson is free on bond.