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Accused testifies in trial

Johnson
Ex-instructor says claims not true

A former Seneca Valley Junior ROTC instructor testified Wednesday that nothing happened between him and two alleged victims of sexual assault.

Kevin Johnson, who will turn 54 Friday, said that none of the more than 50 charges he faces are true.

He told the jury in Butler County Judge Tim McCune’s courtroom that he spent 23 years in the U.S. Army as a military police officer and instructor.

He retired in 2003 after “unsuccessful” back surgery and earned his certification as a Junior ROTC instructor, landing the job as assistant Army instructor at Seneca Valley.

Johnson said he did not meet the first alleged victim until his second year in fall 2004 and the second victim until fall 2005.

He said the first student seemed withdrawn until the second half of his sophomore year when, inspired by being able to go to Junior ROTC summer camp only if he was not on any medications, the student took himself off some unidentified medication.

“After that he became an extrovert, but not always in a good way,” he said.

Johnson said at some point during that semester he returned to his office to find this student eating food on Johnson’s desk and had spilled food on it.

“I told him to get his stuff and get up, and he said to me, ‘All I have to do is go upstairs and tell them you touched me,’” Johnson testified.

In a separate incident, that student also reportedly jumped into Johnson’s lap in his office in front of the other ROTC instructor.

Former Junior ROTC instructor Col. Susan Oliver testified Tuesday that walking into Johnson’s office one day, she saw the student in mid-leap landing on Johnson’s lap.

Johnson said, “He jumped into my lap and said, ‘What would you do if I were a really hot girl?’ and I pushed him off my lap and stood up.”

Oliver did not testify that she heard the student say anything, but she did report the same reaction as Johnson testified to.

As for the second student, who accuses Johnson of attempting to and actually touching his genitalia on several occasions, the former instructor said he thought that student was an attention seeker.

There was no other testimony about that student other than Johnson saying the he didn’t commit any of the acts he is charged with, adding, “I don’t go that way.”

Johnson faces more than 50 charges including involuntary deviate sexual intercourse, sexual assault, corruption of minors, indecent exposure, making terroristic threats, intimidation of a witness and stalking in a case involving the two teens between 2005 and January 2008.

Defense attorney David Shrager had Dr. George Zagger of Butler discuss a medical condition that Johnson was diagnosed and treated for in 2007 called prostatitis.

That was used to explain how Johnson’s DNA came to be in his office.

Prostatitis is normally caused by a bacterial infection, and according to www.mayoclinic.com, is the swelling and inflammation of the prostate gland located directly below the bladder in men. The prostate gland produces fluid, semen, that nourishes and transports sperm.

Prostatitis often causes painful or difficult urination. Other symptoms of prostatitis include pain in the groin, pelvic area and sometimes, flu-like symptoms.

Zagger said he has treated more than 100 cases of prostatitis in his 12 years, and that he treated Johnson with antibiotics.

Shrager asked if one of the symptoms of prostatitis is “spontaneous discharge” not related to sexual activity.

Zagger said while rare, it could happen, adding that it had happened to him when he suffered from prostatitis.

Under cross-examination, county Assistant District Attorney Mark Lope asked Zagger if knew it had happened and he said, “Oh yeah.”

The prosecution’s urological expert, Dr. Leonard Stept, head of urology for UPMC-Shadyside and an assistant professor for UPMC with 50 years of practice, disagrees with Zagger.

Based on Zagger’s clinical notes and tests performed on Johnson, Stept said he believes Johnson was suffering from a mild compacted prostate and not the more serious prostatitis.

As for spontaneous discharge, Stept said he has never seen it in the thousands of prostatitis patients he has treated.

Also on Johnson’s behalf, three former Junior ROTC students said he was a good instructor.

The trial was to resume this morning with closing arguments and then the jury would begin deliberations.

The Seneca Valley School District in 2009 settled a lawsuit filed by the two alleged victims for $100,000. But Shrager said the lawsuit as it pertains to Johnson has not been settled.

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