Negotiations have begun again in the case involving Alexander Scott Whaley, 25, of HC 62, Box PP, Pine Grove.
Prosecuting Attorney Timothy Haught stated that Judge Mark A. Karl could either set a new trial date or set a return date in June to see how the matter is proceeding. "I talked to Mr. Bowser (guardian ad litem, Elmer Earl Bowser) for the first time today. I think the family has some issues, but I think we were real close . . . Given Mr. Bowser's information, I'm hopeful we can resolve this." A return date has been set for June 21, 10 a.m.
"If you need me to intercede, let me know," stated Judge Karl. "I will make myself available."
On Jan. 4, Whaley's trial was declared a mistrial. Whaley received a one-count indictment from the September 2012 grand jury, charging him with malicious assault. This charge alleges that on or about June 27, Whaley did cause bodily injury to Leonard K. Wildman by striking him in the face and kicking him in the face.
In another matter, Timothy John Judge, 32, of Box 132, Friendly, was released on a Rule 35b (reduction in sentence) motion May 15 after a letter was read by Judge's sister, Heather Whittington.
The witness stated she felt strongly about "Timmy." "I know he's made mistakes. Throughout life, I've seen him go through ups and downs, but I think he is a good person at the core. He's a wonderful father to his son, and he works hard to support his son financially and emotionally. He needs his son tremendously. (His son) has become financially dependent on the state."
Whittington added that the grandmother of Judge's son has Parkinson's disease. She further stated her brother helps people with yard work and that "he's incredibly remorseful . . . he needs you to give him the opportunity to prove himself."
Defense Attorney Jeremiah Gardner stated his client was gainfully employed prior to his conviction. "He was providing health insurance for his son. He understands he screwed up when he didn't register. He asks the court give him a second chance and give him probation."
Prosecuting Attorney Timothy Haught agreed that Judge had no write-ups while in jail. "I have no reason to dispute the fact he's had gainful employment and has worked in the past . . . My concern is generally with sex offenders and registering is that they comply with aspects of law. The West Virginia State Police tries to keep track of sex offenders and spends a lot of time doing that. We have numerous cases coming before the court for these violations. It's a fairly simple thing, I think, for them to do. I don't accept Mr. Judge's excuse for registering. He's dong seven months, and I'll leave it up to the court for what you deem appropriate."
Haught added, "I do note that upon release, he needs to register within three days of his release."
Judge Karl then inquired as to where Judge was going to live if he was released. Gardner replied that the family witness's counsel stated that Judge could live with her.
Prosecutor Haught stated he did not know if the witness was on probation at the time or not, or if her husband was a convicted felon.
Whittington responded that her husband is an operating engineer. "He does minor training classes . . . he's very respectable."
"The point I'm trying to get at is that he has to register with the state police," Karl stated. "We aren't going to do this dance again. You are not going to waste my time, the state's time, and the prosecutor's time."
It was determined that Judge could still live with his mother in Sistersville.
"I have really mixed feelings about this," Karl stated. "I'm going to release you today, but you are going to trot down to the state police barracks again today. You don't want to see me again. You need to go register today. I mean today, this afternoon."
On Oct. 16, Judge was sentenced in Wetzel County Circuit Court to one to five years in the West Virginia State Penitentiary for Men.
He had pleaded guilty on Aug. 13 to failing to register as a sex offender or provide a change in information to the West Virginia State Police in Wetzel County by knowingly failing or refusing to report his move to a new address.