Baltimore judge dismisses charges in NC teen's death

BALTIMORE - A man convicted of killing a North Carolina teenager and putting her body in the Susquehanna River was ordered freed Tuesday by a judge who dismissed all charges against him.

Baltimore Circuit Court Judge John Addison Howard dismissed second-degree murder and other charges against Michael Johnson, 30, saying the prosecution's "arguably circumstantial" case against Johnson was insufficient evidence.

CBS Baltimore reports Johnson was released from the Baltimore City Detention Center on Tuesday and as he exited the facility, he said, "It feels great to be out."

The State's Attorney in Baltimore promises to appeal the ruling.

Johnson was charged in the death of Phylicia Barnes of Monroe, North Carolina. Barnes, 16, vanished in December 2010 while she was visiting relatives in Baltimore. Her naked body was found months later floating in the Susquehanna.

Johnson was arrested in 2012 and charged with Barnes' slaying.

Prosecutors alleged that Johnson killed Barnes in her half-sister's apartment and used a 35-gallon tub to move the body. According to CBS Baltimore, Johnson was dating Barnes' half-sister at the time of the teen's disappearance.

Johnson was convicted of second-degree murder in 2013. A judge ordered a new trial after ruling prosecutors withheld evidence about a key witness.

Last month, Howard declared a mistrial in Johnson's second trial. He had been scheduled to face a third trial this March -- until Tuesday's ruling.

Baltimore State's Attorney Marilyn Mosby said in a written statement Tuesday: "I want to be clear that there was no prosecutorial misconduct in this case. The court agreed there was no misconduct in its prior ruling in December, and again today."

She added that "... the court had no jurisdiction to grant the acquittal and we will be seeking an appeal on those grounds."

Barnes' father told CBS Baltimore on Tuesday that he believes the judicial system has failed his daughter.

"They have the right person," Russell Barnes said of Johnson. "Baltimore City is letting a child killer -- in my mind -- go and go free."

The Baltimore Sun first reported Tuesday's decision.