According to Circuit Clerk Connie Carr, the following cases were heard by Judge James J. Rowe on Friday, February 22:
State vs. Julian Waddell, 28, of Marlinton. Prosecutor attorney Eugene Simmons requested that the charge of fraudulent scheme in the indictment be dismissed. Simmons said the charge is not correct, adding that the charge of conspiracy outlines the correct facts and charges. Judge Rowe granted the dismissal of the fraudulent scheme charge.
Defense counsel Susan Breece asked for disclosure of co-defendants and noted that the conspiracy charge does not reflect who they are. Breece asked for the charge to be dismissed. Rowe denied the request.
In regards to the second indictment – malicious wounding, domestic assault, child abuse resulting in injury and child neglect creating risk of injury – Breece stated that Simmons represented Waddell in another matter and requested a special prosecutor be appointed. Simmons made a motion for assistant prosecutor Robert Martin to be appointed, stating that Martin does not have information relating to who Simmons represented.
Rowe denied the request for a special prosecutor and granted permission for Martin to proceed in the case.
Simmons asked for a dismissal of the charge of domestic assault. Rowe granted the motion.
The matter is set for trail on March 19.
State vs. Teresa Teter, 46, of Marlinton. Simmons moved to dismiss the charge of receiving or transferring stolen goods. Simmons said the dates on the indictment are incorrect and there is no way to ascertain when the crimes were committed, and there is no way to amend or reform the indictment. Rowe granted the dismissal.
State vs. Randall Bennett, 55, of Marlinton. Simmons moved to dismiss the charge of receiving or transferring stolen goods. Simmons said the dates on the indictment are incorrect, and there is no way to amend the indictment. Rowe granted the dismissal and ordered the bond be returned to Bennett.
State. vs. Brian Simpkins, 29, of Moundsville. Defense counsel Breece asked for a dismissal of the indictment – one count transport any contraband onto the grounds of any jail, state correctional facility, juvenile facility, or juvenile detention facility and one count possession with intent to deliver contraband onto the grounds of any jail, state correctional facility, juvenile facility, or juvenile detention facility – on the basis that the entire indictment is wrong.
Simmons reflected that all indictments returned during the December 2012 Term of grand jury were fatally flawed. During an earlier session of court, Judge J.C. Pomponio allowed amendments to the incorrect indictments. Simmons requested that Rowe make the same changes.
Rowe indicated that the indictments were sloppy work and granted Simmons’ motion to amend the indictments.
Breece said count one of the indictment reflects code 60a and does not list the elements of the charge. The discovery refers to a green grass but the grass did not test positive for THC. Breece asked Simmons to clarify the indictment.
Rowe dismissed the jumbled count one charging Simpkins with transporting and then alleging that he had another person transporting. Rowe also dismissed count two per Breece’s request.
State vs. Winfred Rex Cassell, 50, of Cass. Simmons moved to dismiss the charge of fraudulent scheme because the indictment was fatally flawed. Rowe said count one of the indictment – conspiracy – was also written differently than in other indictments. Simmons moved to dismiss that charge, as well. Rowe granted dismissal of both charges and ordered that bond be returned to Cassell.
State vs. Chris Lambert, 29, of Durbin. Simmons moved to dismiss the indictment – two counts grand larceny, one count conspiring and one count fraudulent scheme – because it is fatally flawed. In counts one and two, the dates are wrong and Lambert’s named was misspelled. In count three, the wording is wrong and count four contradicts itself. Rowe granted motion to dismiss the indictments and ordered that bond be returned to Lambert.