[05/15/02]Prosecutors Tuesday asked Hinds County Circuit Judge L. Breland Hilburn to delay for three weeks the start of the criminal trial against Warren County Judge Gerald Hosemann.

A decision was expected as early as today, Hinds County Assistant District Attorney Robert Taylor said.

Hosemann’s trial on charges of aggravated assault against former court reporter Juanita “Nita” Johnston is scheduled to begin May 28 in Hinds County Court in Raymond. Taylor, who will present the state’s case, asked that the trial be delayed until June 17.

On May 8, Hilburn granted the request of Hosemann’s attorney for a speedy trial. Prosecutors objected then to the May 28 date.

Jackson attorney William Kirksey requested the speedy trial after Hosemann was officially made aware of his indictment on April 22. Hosemann was suspended from the bench April 24.

Hosemann has denied accusations of beating Johnston, 48, and leaving her on property he owns in Hinds County, and Johnston, who initially told investigators Hosemann was her assailant, has recanted her statement and said her injuries came from staying outside overnight after drinking and taking an anti-depressant.

One month between grand jury action and trial is unusual. Felony trials are often six months to a year after indictment.

The May 28 date was set during what was scheduled to be vacation time for Hilburn, who is retiring, his court administrator said. The next criminal term for Hilburn’s court was to have started in July.

Taylor said other cases he has pre-set to try are scheduled during the next criminal term of another Hinds County district, during the May 28 week Hilburn chose for the Hosemann case.

Hosemann and Kirksey were not available for comment this morning.

Hosemann, 50, has been the Warren County Court Judge since 1986, and he has filed qualifying papers to seek re-election in November.

Missing since Dec. 4, Johnston was found injured Dec. 6 on Hosemann’s ranch near Utica. She spent more than a month in Vicksburg and Jackson hospitals.

He has maintained his innocence, issuing a written statement denying causing harm of any type to Johnston.

A Hinds County grand jury indicted Hosemann despite Johnston’s attempts to have the charge dropped.