Trial for man accused in Fairfield woman’s death delayed months by coronavirus

Kirby Cheong BUTLER COUNTY SHERIFF’S OFFICE

Kirby Cheong BUTLER COUNTY SHERIFF’S OFFICE

A trial for a man charged in the death of a Fairfield woman in 2019 has again been continued due to coronavirus concerns.

Kirby Cheong, 30, of Summit Point Drive in Miamisburg, was arrested in March in Montgomery County by U.S. Marshals for allegedly killing 23-year-old Katherine Lobono at her Fairfield residence on Oct. 1, 2019. He is charged with murder, felonious assault and tampering with evidence.

During an August hearing in Butler County Common Pleas Court, Judge Noah Powers III set Cheong’s trial for Jan. 11. Cheong is being held in the county jail in lieu of a $500,000 bond.

Kathrine LobonoPHOTO PROVIDED

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On Nov. 30, Powers granted a motion filed by defense attorneys to continue the trial due to pandemic concerns. Cheong’s trial is now scheduled to begin July 19. A pre-trial hearing scheduled for Monday was cancelled.

In the motion for continuance, defense attorney Laura Woodruff said Cheong’s constitutional rights would be violation if the trial took place during the pandemic, despite safety efforts by the court.

“This trial is scheduled to begin approximately one week after the major holiday season,” the motion says. “It is reasonable to expect everyone involved with this case will, during that time, observe the holidays with friends and family. Even when following recommendations, it increases the risk of transmission.

“What’s more, some of those individuals who unknowingly contract the virus during the holidays may not exhibit symptoms until after the trial begins.”

She added constitutional assurances of a jury trial include confrontation of witnesses and a trial before an impartial jury of the defendant’s peers.

“This court has put safety measures into place, which include health screenings of everyone entering the building, and a face-covering requirement ... Counsel submits that the precautions described above will adversely impact the trial and therefore the defendant’s constitution rights,” Woodruff said.

The defense team also requested $5,000 to hire an investigator to assist with the case, citing the complicated evidence that includes “five gigabytes of discovery.” Powers granted the defense expenditure.

Lobono died of multiple gunshot wounds and suffered other injuries, including ligature marks on her neck, according to the Butler County Coroner’s Office report.

She was discovered dead lying on the floor of her apartment at the Villages of Wildwood off Ross Road in Fairfield by friends who were dog-sitting, according to a 911 call.

Kirby Cheong, 30, of Summit Point Drive in Miamisburg, was arrested last week in Montgomery County by U.S. Marshals. He is charged with murder, felonious assault and tampering with evidence, according to the indictment that was handed down last week but only made public after Cheong was taken into custody. His bond was set today in common pleas court at $500,00

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Lobono suffered three gunshot wounds. A bullet and bullet jackets were recovered from the body. One bullet exited the body. A seven-inch ligature mark was found on Lobono’s neck during the autopsy.

Lobono had a “possible bite mark” on her right forearm and multiple contusions and abrasions on her right knee, according to the coroner’s report.

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