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Dubois Johnston Trial

Last week police say Jude Srock, was killed, In Dubois. And Glen Johnston is accused of shooting him.

Today was supposed to be Johnstons’ first preliminary hearing in the homicide case. But as Douglas Braff reports, a court stenographer wasn’t there.

A request by the district attorney to have a stenographer present caused the hearing to be pushed to next week. That led to some tension in the courtroom, and the defense accusing the district attorney of delaying the process.

“So, to have a stenographer in place and have an official record made at this level, is an appropriate thing to have done.”

Sayers tells me that, in the rules for due process, the preliminary hearing must happen within 14 days of the defendant’s arrest.

“And we are asking that it just be moved within those 14 days to the Court of Common Pleas or down to the courthouse, so that we can have an official stenographer take down these proceedings.”

“We’re ready today. I’m ready today. So, we’re ready to proceed whenever this case goes, but it should, it should go today. In fairness to Mr. Johnson, who’s being denied bail. This case should proceed today.”

Sayers says Johnston’s attorney Bill Shaw did not enter his appearance before the hearing and thus Sayers says his team “did not know there was going to be a full hearing to have a stenographer present for”.

“There is no rule that requires an attorney to enter their appearance for a preliminary hearing. It’s never done. There is no requirement that a stenographer be present at a preliminary hearing.”

Shaw the former District Attorney who lost his seat to Sayers accuses Sayers’ team of simply not being prepared.

“Those guys need to be prepared. Mr. Johnston could have showed up by himself per se and said, ‘I want a hearing.’ He’s allowed to do that. So, those folks need to be prepared for the hearing. They have that burden, that’s their duty.”

“That was an excuse. That was an excuse for them.”

Again, this hearing is set to resume sometime next week, while Johnston remains in jail.

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