Jon Hand

Staff writer

For the first time since her husband was shot and killed Sept. 3, Amy Pierson was in the same room Thursday with the man accused of pulling the trigger.

"I told myself going in he's just a man — less than a man for what he did, and actually seeing him in person he was actually weaker than I expected," Pierson said following the arraignment of Thomas Johnson III.

Johnson is accused of killing Rochester Police Officer Daryl R. Pierson, 32, and is charged with six felonies, including aggravated murder, which carries a mandatory sentence of life in prison without the possibility of parole.

Roughly 100 police officers, including Chief Michael Ciminelli, members of his command staff, homicide investigators and members of Pierson's Tactical Unit, filled the courtroom for the brief appearance.

Johnson, shackled at the wrist and ankle, said little as defense attorney James Hinman entered not guilty pleas on his behalf.

Johnson and Hinman are scheduled to return to court Thursday to argue Hinman's motion calling for County Court Judge Victoria Argento — who is from Daryl Pierson's town of East Rochester — to recuse herself from the case and to look outside of the 7th Judicial District for a trial judge.

Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and Yates counties are in the 7th District.

Hinman said District Administrative Judge Craig J. Doran "sent a signal" to judges when he ordered the Hall of Justice closed and cases adjourned so court staff and judges could attend Pierson's funeral.

"The closing of the building for a funeral is, I believe, unprecedented in the 34 years that I've been practicing. I've never heard of a case where a judge presides over a trial after attending the funeral for the victim," Hinman said.

"It sent a signal to judges that this is a case that is supposed to be treated with different circumstances than every other case."

Hinman said he would consider asking for a change of venue when the time to select a jury approaches.

Doran declined to comment on the motion or the closing of the Hall of Justice, citing rules governing judicial conduct.

District Attorney Sandra Doorley would not say how she will respond to the motion, but said Johnson could get a fair trial from a judge and jury from Monroe County.

"Although the community was affected tremendously by this I believe any judge in this courthouse can be fair and impartial and give Mr. Johnson a fair trial," she said.

Doorley said she hopes the trial process moves quickly, but anticipated it could be months before a jury reaches a verdict.

The indictment charges Johnson, 38, with aggravated murder for allegedly shooting and killing Pierson; attempted aggravated murder for allegedly shooting at Officer Mike DiPaola; first-degree assault for allegedly shooting a bystander, Jamal Bollar, and multiple weapons possession charges — one count of second-degree criminal possession of a weapon and two counts of third-degree criminal possession of a weapon.

In addition to the mandatory life sentence for the aggravated murder charge, Johnson faces 40 years to life for the attempted aggravated murder charge; 25 years for the first-degree assault charge and up to 15 years for the weapons possession charges.

Johnson, who was wanted on a parole violation, is accused of shooting Pierson as Pierson ran after him on Hudson Avenue. Johnson allegedly turned on the uniformed officer during the chase and fired. A bullet struck Pierson, who had been with the department for eight years.

Bollar, 24, was shot in the leg and was later released from the hospital.

Johnson was shot by DiPaola during the gunfire exchange and spent nearly two weeks at Strong Memorial Hospital. He was moved Monday morning to the Monroe County Jail, about the same time the contents of the indictment against him were made public.

He is being kept in jail with no bail and Hinman did not make a request for a bail amount to be set.

Amy Pierson said she plans to attend every hearing from now until the trial is over.

Wearing a locket that her husband gave her for their 10th wedding anniversary that includes photos of their children, Christian, 4, and Charity, 3 months; and a miniature badge with Daryl Pierson's badge number on it given to her by the Locust Club, she said she wants to honor her husband and send a message to Johnson.

"I want to show him that I'm brave and I'm strong and he's a coward."

JHAND@DemocratandChronicle.com

Twitter.com/jonhand1

Includes reporting by staff writer Victoria E. Freile.