There was no forward movement in the murder case of Kyle Johnson today because the psychiatrist preparing a report on Johnson was unable to review a DVD provided by the defense on his computer.
Public Defender Jerry Ader expected the psychiatric exam report by today that might shed light on whether Johnson suffers from a mental defect or impairment.
The 53-year-old Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter on Selden Road, Le Roy, on Dec. 1.
In order to assist the psychiatrist in viewing the DVD, Ader's office provided him today with a computer capable of playing the DVD.
Ader hopes the report will be available within a week and so a court appearance for Johnson was set for 11:30 a.m., May 10.
At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but District Attorney Lawrence Friedman said at a prior court appearance that he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.
In other court cases today:
- The case of Jason A. Armstrong Sr., accused of rape, was adjourned until Thursday. Today was the scheduled plea cut-off date for Armstrong, but Judge Michael Pietruszka agreed to continue the case two more days following a private conference with the attorneys. Armstrong has been offered a plea bargain that would require him to plead guilty to assault, 2nd, and receive a five-year prison sentence followed by five years on parole.
- Sara A. Howard, who previously entered a guilty plea to grand larceny, was scheduled to be sentenced today, but she didn't show up for court. Pietruszka read a letter from GCASA indicating that Howard has allegedly failed to comply with GCASA's instructions. He issued a warrant for her arrest. Howard was arrested earlier this year for stealing a Sony PlayStation valued at $300 after gaining entry to a family member's home on Jan. 8. Howard and an alleged accomplice also gained entry to another family's home and stole a .50-caliber CVA muzzleloader and a 12-gauge Mossberg Maverick valued at $700. Prior to her guilty plea locally, Howard allegedly committed a crime in Wyoming County but wasn't arrested until later. Howard's arrest was announced April 8. She faces multiple drug sales charges in Wyoming County.
