Michael Maurice Johnson remained free Thursday after making an appearance in court that was marked by procedural confusion — his first since being re-indicted on charges that he killed North Carolina teenager Phylicia Barnes.
Circuit Court Judge Michael DiPietro declined to rule on a motion by Johnson's attorneys to dismiss the indictment, and also declined to hear prosecutors' argument that a bail should be set. He told the attorneys those requests would be ruled on at a later date.
Johnson was acquitted of second-degree murder after a mistrial in January — his second time facing trial in the 2010 killing. But city prosecutors believe the judge's ruling was invalid and earlier this month charged Johnson again.
Johnson's attorneys say the case is a clear example of double jeopardy, and hoped to argue that point and get the case dismissed Thursday. Defense attorney Katy O'Donnell told DiPietro that the re-indictment was "truly an abuse of the judicial process" and was "done for political reasons."
Though O'Donnell filed the motion to dismiss ahead of the hearing, DiPietro said it should be heard at a separate hearing.
Prosecutors, meanwhile, were stymied in their attempt to have a bail set for Johnson. After Johnson was indicted by a grand jury, prosecutors sought an arrest warrant but it was denied by Circuit Court Judge Timothy Doory, who instead issued a summons. That means Johnson is under no pre-trial conditions set by the court — a rare circumstance for someone charged with murder.
Assistant State's Attorney Lisa Goldberg asked DiPietro to set bail, and she and Chief Deputy State's Attorney Michael Schatzow went back and forth with DiPietro about whether such a hearing should occur without prosecutors first filing a motion.
Goldberg said "usually" a discussion about whether to set bail is conducted at a defendant's first appearance, to which O'Donnell shot back that there was "nothing usual with respect to the circumstances here today."
"This is something we don't see every day, I agree," DiPietro said, asking prosecutors to file a written request for a bail to be set.