Defense Attorney Brent Clyburn told Judge Mark A. Karl during Wetzel County Circuit Court Friday morning that he will submit a motion to withdraw from representing Charles Zachary Wells, 22, of Rt. 1 Box 171, New Martinsville, in one of his two indictments.
The move comes after Clyburn received discovery from the state and discovered he has a conflict with another person involved in the case. His conflict is with 12-F-66, a two-count indictment for conspiracy and delivery of a controlled narcotic substance (Oxycodone). The offense was to have occurred on Jan. 19 with Zachery Jerico and Shawn Stackpole.
However, Clyburn can still represent him in his other indictment for conspiracy, nighttime burglary, malicious assault, and assault during the commission of a felony. All of the offenses are to have occurred on Dec. 21, 2011, when Wells allegedly conspired with Wilson Scott Longwell to burglarize the residence of Brittney Griffith, 816 Fifth St., New Martinsville. The assault charges allege that Wells struck Charles W. Moore with his fists and by kicking him with his feet.
The case was continued until Sept. 21 at 10 a.m. His bond continues.
Also in court, it was learned that Mark Levi Blake, 32, of P.O. Box 274, Pine Grove, will likely undergo a psychological evaluation at the NRJ before he enters into a possible plea agreement on his three felony charges of sexual assault in the second degree and two counts of sexual abuse in the first degree. Defense Attorney Kevin Neiswonger said that even though his client had previously been found competent, Blake had recently been complaining of some "psychological issues".
Karl instructed Neiswonger to make the needed arrangements with the NRJ. Any and all reports from such an evaluation should be submitted at least 72 hours before the next hearing which will be Sept. 12 at 10 a.m. Blake waived his right to a speedy trial Friday.
Finally, Ronald A. Morgan III, 36, of HC 60, Box 92, Pine Grove, waived his right to a speedy trial in this term of court as he is entering into plea negotiations. Defense Attorney Roger Weese said, "He has similar related charges in Tyler County. We'll attempt to work out a global settlement that will include both counties."
In Wetzel County Morgan is facing one count of grand larceny that alleges he took goods valued at $1,000 or more from Randy W. Lemasters.
His bond continues and he is to return to court on Sept. 21 at 10 a.m.
Roland Lee Day Jr., 60, of HC 61 Box 38A, Wileyville, waived his right to a speedy trial. His bond will continue and he is to return to court Sept. 21 at 11:30 a.m. Day is charged with 33 felonies of a sexual nature: 16 counts of sexual assault in the first degree, 16 counts of sexual abuse by a custodian, and one count of incest.
Both Charles Young, 51, and Mary Evelyn Young, 50, both of Route 1, Box 31A, New Martinsville, waived their rights to a speedy trial at Friday's session of court. Counts one and two for each defendants are for allegedly misappropriating the assets of Burton Young and forging the attestation of a notary public. Additionally, Mary Evelyn Young's third count is for uttering.
Prosecutor Timothy Haught told the court that Defense Attorney Kevin Neiswonger had provided what he considered to be exculpatory evidence in the cases. He would most likely file a motion to have it sent to the West Virginia State Police forensic laboratory to have signatures compared. "That is somewhat new and evidence I previously did not have knowledge of," said Haught. He anticipates it would take 60 to 90 days to receive an opinion from the lab.
"Let's pass it until Sept. 21 and see where we are," said Karl. The Youngs are to appear in court that day at 10 a.m. Both defendants remain free on bond.