[03/05/02]In answering a civil suit, Warren County Judge Gerald Hosemann denies that he owes his former court reporter money, furniture or the return of her horse, which he says is being held as a lien for the cost of boarding it.

Hosemann’s written responses in the $75,000 civil case filed against him by Juanita “Nita” Johnston, are brief and deny all allegations of wrongdoing or say that the statute of limitations has expired.

Separately, Johnston, 47, was hospitalized more than five weeks in December and January and Hosemann, Warren County and Youth Court judge, is accused of inflicting her injuries and faces a felony aggravated assault charge. She was found injured on his Puckett Road property on Dec. 6 and, in a courtroom last month, Hosemann said the criminal charge against him was a hoax.

The civil suit, filed in Warren County Court on Feb. 4, contends that Hosemann failed to pay Johnston $20,000 for her share of the sale of property the two jointly owned on Warriors Trail in Warren County.

The suit also contends that Hosemann has failed to return many personal items belonging to Johnston, including bedroom furniture in the mobile home on Puckett Road, a refrigerator from Hosemann’s home, also on Warriors Trail, as well as a registered quarter horse and riding equipment.

Hosemann, in his response filed in his own court, said that she “is not entitled to any monies due her … regardless of any demand that has been made.”

To allegations that he return Johnston’s boots and spurs that were left on his Puckett Road property, he said the boots are in the custody of the Hinds County Sheriff’s Department, and “would suggest that (she) file a replevin action for their return.”

Hinds authorities are investigating the criminal case.

As a formality, Hosemann has also asked for another judge to hear the civil case since it would go to trial in his own court.

Johnston worked many years as a court reporter for Hosemann, 49, before retiring. In earlier litigation, Hosemann was sued by Johnston’s former spouse and accused of breaking up their marriage. That case was dropped. Hosemann, also married at the time, has since divorced and married another woman. A divorce from her was pending in a Hinds County court, alleging that the current wife is a Hinds County resident.

The sworn statement a Hinds County deputy made to obtain the warrant for Hosemann’s arrest as her attacker says the two had maintained a romantic relationship for years, and that it was “still ongoing while Hosemann is still presently married to his wife.”

Hosemann was investigated by the Mississippi Commission on Judicial Performance, which voted not to remove him from the bench pending resolution of the case.

Under normal criminal case procedures, the charge would be presented to a grand jury this year and that panel would decide whether there is sufficient cause for an indictment and trial.

Johnston is represented in the civil case by Vicksburg attorney Paul Kelly Loyacono. Hosemann is represented in the civil and criminal cases by Jackson attorney William Kirksey.