Judge James Rowe presided over one hearing in Pocahontas County Circuit Court Wednesday, September 26, according to Circuit Clerk Connie Carr.
As a result of that hearing, Rowe dismissed a charge of child abuse resulting in bodily injury against Danny Lambert on Thursday, Carr said.
Rowe said Prosecuting Attorney Donna Price did not inform the court about a pending separate privileged domestic law proceeding matter, nor did she inform Judge Joseph Pomponio about the pending felony matter.
Public Defender Susan Breece said she followed the order produced by the prosecutor’s office. That order related to the terms of the bond the defendant had posted in magistrate court.
Price has a duty to advise both judges of pending cases involving the same matter, Rowe said.
He challenged both attorneys to prove to him his ruling at the previous hearing was incorrect.
Breece made a motion to dismiss the charges because of Lambert’s right to a speedy trial since more than three terms of court have elapsed since he was indicted. Rowe allowed Price 10 days to prepare a brief and a response. Lambert was granted bail.
Price will prepare the order to release Lambert from custody; Rowe asked Breece to prepare the order from the hearing.
The order to dismiss the charges against Lambert was entered Thursday.