The case involving Charles Michael Young, 51, and Mary Evelyn Young, 50, of Rt.,1, Box 31A, New Martinsville, has been continued until April 28, 10 a.m., following a motion made by Attorney Kevin Neiswonger.
Neiswonger made a motion to suppress statements made by the alleged victim in the case, as the victim is now deceased. Neiswonger stated that allowing these statements would violate the Confrontation Clause. The Confrontation Clause, found in the Sixth Amendment, states that criminal defendants have the right to face the prosecution's witnesses in the case against them and dispute the witnesses' testimony. An exception to this rule would be if statements are made as a dying declaration.
Haught stated that Neiswonger's motion was dispositive, or one that if upheld could dispose of the case. He further requested time to respond to the motion.
The Youngs are charged with feloniously misappropriating the assets of a person over the age of 65 and forging the attestation of a notary public to the Quitclaim Deed at the center of the charges.
Additionally, Mary Evelyn Young's third count in her indictment states that on or about Dec. 13, 2010, in Wetzel County, she committed the offense of uttering wherein she feloniously employed as true the above named Quitclaim Deed, when she knew the attestation of the notary public thereon was forged.