Milton Johnson

Johnson then filed a pro se post-conviction petition in the Will County circuit court, alleging that he received ineffective assistance of counsel on direct appeal and in post-conviction proceedings. The trial court granted the state's motion to dismiss the petition. On appeal, they affirmed in part, reversed in part, and remanded. The court held that the trial court properly dismissed Johnson's claim of ineffective assistance of appellate counsel, but that the trial court improperly dismissed Johnson's claim relating to his post-conviction attorney's performance. See People v. Johnson, 154 Ill. 2d 227 (1993).

The trial court further found no mitigating circumstances sufficient to preclude the death penalty and sentenced the defendant to death for Hackett's murder and to concurrent terms of 40 years' imprisonment for deviate sexual assault, rape, and attempted murder. On direct appeal, this court affirmed the defendant's convictions and sentences. See People v. Johnson, 114 Ill. 2d 170 (1986).

The police investigation of these crimes stalled until information that Ann Shoemaker telephoned the Will County sheriff's office in August 1983 was turned over to the State Police in February 1984. Shoemaker described an incident in which a dark pickup truck had played cat and mouse game with her while she was driving one night in July 1983. She and a friend followed the truck and recorded its license plate number. After seeing the driver was not someone they knew, they tried to get away. On March 6, 1984, she gave this number to the police, who traced it to a truck owned by Sam Myers, Johnson's stepfather.

Also on March 6, 1984, Payne looked at five mugshots. Johnson's photograph was the only one among the five which Payne had seen on September 6, 1983. After several minutes, Payne tentatively identified the defendant as her assailant. On March 9, Payne viewed a six-person lineup. After each person in the lineup repeated commands that the assailant had given Payne on the night of her ordeal, Payne unmistakably identified the defendant as her assailant.

Initially, the Will County public defender was appointed to represent the defendant. On June 1, 1984, the day before the scheduled trial date, William Swano entered his appearance as the defendant's retained attorney. The trial court granted Swano three continuances, totaling 55 days, and set the trial date for July 26, 1984.

On Saturday July 16, 1983, at approximately 3:25 a.m. at 147th and Gougar Road, Will County Auxiliary Sergeant Denis Foley and Auxiliary Deputy Stephen Mayer were mortally wounded in an ambush slaying.

On July 16, 1983, Patricia Payne and her boyfriend, Anthony Hackett, drove from their hometown of Emden, Illinois, and spent the day at Six Flags Great America Amusement Park in Gurnee, Illinois. That day, Hackett bought a stuffed doll depicting the popular Tasmanian Devil character; he placed the receipt for the doll in his wallet. Around 10 p.m., Payne and Hackett left the park and, on the way home, they stopped Hackett's car along Interstate 55 in Will County to sleep. Hackett slept in the front seat; Payne slept in the back.

Milton Johnson (born May 15, 1950) is an American serial killer who committed up to ten known murders in Will County, Illinois. An abundance of evidence linked him to the crimes, including the murder of two police officers.