Defense tries to suppress woman's statements in kidnapping, death of Penn Hills toddler

Penn Hills police Officer Dennis Wynn knew a toddler had been kidnapped the afternoon of Aug. 31, 2019, and heard the bulletin describing the suspect and the type of car she was driving.

So nearly 2½ hours later, when he saw the Toyota Yaris on Rodi Road, he pulled it over.

“Put the window down,” he shouted at the driver, Sharena Nancy, as he approached, gun drawn. “What’s your name?”

“My name is Sharena,” the driver responded. “What happened, officer? What happened?”

“Where’s the baby at?” Wynn asked.

“What baby?” Nancy asked. “Which baby? Officer, officer, officer, one second, one second, one second.”

“You better tell me right now where’s the baby at?” Wynn asked.

“Which baby?” she continued. “Officer, you’re making, it’s a misunderstanding, I think. Officer, I’m the Uber driver. I don’t know about any baby. You’re making a mistake. It’s a misunderstanding.”

The interaction continued like that for about six minutes. Then, Wynn told Nancy she had the right to remain silent.

Three days later, Nalani Johnson’s body was found at a park in Indiana County. Nancy, 27, of Penn Hills, was charged with kidnapping and criminal homicide in connection with the death.

Now, Nancy’s attorney is seeking to have her statements to Wynn suppressed, alleging it was a violation of her rights to be questioned without first being given a Miranda warning.

On Monday, Allegheny County Common Pleas Judge Bruce Beemer heard argument on the issue and viewed Wynn’s body camera footage that showed that initial interaction by Nancy with police.

It is the first time the video was played publicly.

It shows Nancy repeatedly denying any knowledge of what happened that day.

According to investigators, Nalani; her father, Paul Johnson; and another friend were with Nancy the afternoon of Aug. 31, 2019. Police said that Paul Johnson and Nancy were in the beginning of a romantic relationship.

Around 5 p.m., while stopped at a house in Penn Hills, Nancy and the friend got into an argument over $50 that was missing.

Paul Johnson said he didn’t want to stay there while they argued, and he said he was leaving.

He testified during Monday’s hearing that he got out of the car and went to the back door to get Nalani and her car seat out.

“Before I can pull the handle open, she speeds off,” he said.

Johnson stumbled, scraped his knee and ran after Nancy.

“I tried to chase her as long as I could,” he said.

Johnson called Nancy’s cell phone, he said, at least seven times, but she didn’t answer.

Then he called 911.

After Nancy was stopped by Penn Hills police, she was taken into custody.

For days, officers, family members and volunteers searched for Nalani. Then, when evidence led to Pine Ridge Park in Burrell Township, dozens of officers, FBI agents, state police and K-9s were used to search the area.

Nalani’s body was found about 1:30 p.m. on Sept. 3, 2019.

Defense attorney Anthony DeLuca argued in his motion that the statements made by his client when she was pulled over violated her constitutional rights.

But Deputy District Attorney Jennifer DiGiovanni said that the statements Nancy made to Winn fall under the public safety exception to Miranda.

“If it doesn’t qualify in this case, I don’t know where it would apply,” she argued.

At the time Nancy was stopped, DiGiovanni said, Nalani had been missing for nearly 2 1/2 hours.

“They were motivated solely by the safety of the child. He had every right as an officer to ask those few pointed questions focused on the safety of Nalani Johnson — ‘Where’s the baby?’”

Beemer said he would take the issue under advisement.

Nancy is scheduled for trial in October.