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Goddard’s Attorneys Question Specifics

By Staff | Jul 1, 2009

Robert A. Goddard, 71, of Rt. 1 Box 124, Proctor, was present with his attorneys, David Jividen and Fred Gardner, in Judge David W. Hummel Jr.’s courtroom on June 25.

Jividen asked, “What are the alleged acts?”

Goddard has been charged with 47 alleged counts of a sexual nature.

The exact charges were not brought forth in the courtroom.

Assistant Prosecutor Worthy Paul replied at this time the defendant had no specific times or dates of the alleged offenses.

Jividen told the courtroom, “The dates are inefficient. Each of the acts are exactly on the same date.”

Judge David W. Hummel Jr. replied to Jividen, “You want to pin the state (prosecutor) down to who, where, what, and when?”

Paul replied to the courtroom, “The dates are from July 2007 to September 2008.”

“How do we know? We are asking for discovery,” noted Jividen. “She (the victim) doesn’t even have a place,” regarding to where the alleged acts occurred.

Hummel told Paul, “To the regard to each count, I want you to identify the location.”

Jividen also told the courtroom that he has been asking for documents from the Wellspring Family Services where the victim is getting treatment. “I have asked for all the records,” he noted.

Paul responded by saying they are reluctant to release the treatment notes.

Jividen told the courtroom that he has hired jury consultants and he has 33 names of character witnesses for Goddard. Hummel told him to make the list smaller.

A trial date is set for July 27.

Jason V. Chambers, 32, of 28 Rose Street, New Martinsville, was present with his attorney, Kevin Neiswonger. Neiswonger told the courtroom Chambers was before Hummel on a motion to revoke his probation because he admitted to using cocaine. He stated that Chambers had already served 30 days in the Northern Regional Jail.

Prosecutor Tim Haught told the courtroom that his probation was set to expire on July 5.

Hummel explained that Judge John Madden had sentenced Chambers to one to 15 years of incarceration, but this was suspended and he was placed on probation.

Hummel asked Chambers what makes him think he was guilty of the probation violation. Chambers replied, “I tried cocaine one night.”

Hummel explained that because of the factual basis to revoke his probation, he sentenced Chambers to 30 days in the NRJ. Chamber’s attorney, Neiswonger, asked for a Rule 35 motion, to which Haught made no objections.

Hummel told Chambers he will be released from the NRJ on July 24 at 5 p.m.

Douglas Wayne Fouts, 35, of 3106 Williamstown Pike, Williamstown, W.Va., appeared in the courtroom with his attorney, Jeremiah Gardner.

He was present for count one, burglary, and count two, grand larceny, to which he entered an innocent plea on May 27.

Prosecutor Haught explained to the courtroom he is still waiting for results from the crime lab. He expects result by July 14 from the DNA sample take from Fouts and a palm print that was recovered at the scene.

Gardner replied there are discovery issues that need to be addressed along with the crime lab results. He requested the trial be in the next term of court.

Hummel did not grant this request and set the next court date for Aug. 31.

Allen Cole Calvert, 25, of HC 60 Box 250A, New Martinsville, was present in the courtroom to enter into a plea agreement.

Calvert was charged with a four-count indictment which included nighttime burglary, grand larceny, burglary, and petit larceny.

The plea agreement was submitted and Hummel told the courtroom that Calvert’s past innocent plea was withdrawn.

Prosecutor Haught explained to the courtroom and Judge Hummel that Calvert will enter into a guilty plea to count one, nighttime burglary. With this plea agreement, he would move for the dismissal the other charges against him. He explained that with this plea agreement, he will also be making restitution to the victims.

Haught went on to explain that Calvert was completely cooperative and made a confession to the Wetzel County Sheriff’s Department about the stolen items. Haught told the courtroom Calvert is employed and has made all of his court appearances.

Hummel asked Calvert about him stealing items from two individuals. Calvert replied, “I know I did it and I do feel bad about it.”

Hummel sentenced Calvert no less than one year and no more than 10 years at the NRJ; after one year from his release date he is to pay restitution of $750 to Anthony Pitoscia and $1,316.01 to Kenneth Goddard.

He also told him to report on July 13 by noon at the NRJ in Moundsville.