[01/29/02]The criminal case against Warren County Judge Gerald Hosemann will not be presented to grand jurors meeting in Raymond this week because the file has not been turned over to the Hinds County District Attorney’s Office.

Hinds County Sheriff Malcolm McMillin said the case in which Hosemann is charged with beating and kicking a former court reporter and leaving her on property he owns in Hinds County will be turned over to the district attorney’s office “when we’ve completed the investigation.”

“We certainly haven’t forgotten about this case,” McMillin said.

A grand jury convened Monday; the next is scheduled for April 15, although a special grand jury can be called at any time.

Hosemann, 49, arrested Dec. 28 and charged with aggravated assault in the attack on Juanita “Nita” Johnston, 47, has maintained he is innocent. Johnston was found Dec. 6 injured on the judge’s Puckett Road property. Family members have said she was last seen Dec. 4 with Hosemann. She is now recovering at home, after being released from University Medical Center in Jackson.

Based on an interview with Johnston, a Hinds County deputy signed a sworn statement that resulted in the arrest warrant for the 16-year judge. The statement says the assault took place near Utica in Hinds County, all court proceedings fall under that county’s jurisdiction. Hinds County has two grand jury districts Raymond and Jackson. Because the incident occurred closer to the Raymond district, it will be heard there.

On another front, the Mississippi Commission on Judicial Performance is continuing its review of the charges against Hosemann who has continued to administer civil cases in his court.

Brant Brantley, executive director of the Commission, declined comment.

State Attorney General Mike Moore filed a complaint with the commission, asking that Hosemann be temporarily removed from the bench until the matter is resolved. Hosemann serves as both Warren County Court judge and Youth Court judge. He has chosen to hear only civil cases and non-contested Youth Court cases for 30 days, beginning Jan. 8.

Johnston was released from University Medical Center on Jan. 9 and is recovering at home, said her family spokesman, Vicksburg attorney Paul Kelly Loyacono. She was transferred to the Jackson hospital to receive specialized care for injuries to her back and physical therapy to help her walk again. “It’s tough,” he said. “She is still not able to use her feet yet and is on a walker.”