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Judge Hears One Witness In Monday’s Hearing

By Staff | Nov 10, 2010

Two cases were heard in Wetzel County Circuit Court on Monday afternoon with Judge Mark A. Karl presiding.

Rodney Lee Nolan, 24, of HC 62, Box 50A, Burton, must wait until December to continue his voluntariness hearing in Wetzel County Circuit Court.

Nolan is indicted on three counts of burglary. The three counts are alleged to have occurred between Oct. 1 and Nov. 1, 2008. Count one charges Nolan with breaking and entering the residence of Clint. W. Jones, located on County Route 66, commonly known as Harker Run Road, in Wetzel County. Count two charges him with breaking and entering the residence of William Lane and Sandra Lane, located on Long Drain/Earnshaw Road. Count three charges Nolan with breaking and entering the residence of Millar P. Cayavec, located on Higginbotham Run Road in Wetzel County.

In court on Monday it took nearly one hour to hear testimony and questioning from one of several witnesses present so Judge Karl moved to pause the hearing for the sake of time. Nolan will return along with the witnesses Dec. 1 at 11 a.m. His bond continues.

The state called Deputy Robert Hayes of the Wetzel County Sheriff’s Office to testify on his involvement in Nolan’s case. According to Hayes, on Feb. 8, 2009, Hayes interviewed both Nolan and Nolan’s ex-girlfriend. He first spoke with Nolan’s ex-girlfriend regarding a separate matter wherein through that meeting Hayes learned of some possible evidence against Nolan for a breaking and entering case on Harker Run Road. Hayes testified that Nolan was brought to the Hundred State Police Barracks where Nolan was Mirandized and signed a Miranda Rights form before giving a written statement to Trooper Raynor of the West Virginia State Police and a verbal statement to Hayes which was recorded on tape. Hayes stated Nolan indicated he wanted to make a statement and never asked for an attorney. Furthermore no threats or promises were made to Nolan at any time.

Wetzel County Prosecutor Tim Haught asked if Nolan appeared in any way to be under the influence of alcohol to which Hayes replied that was not the case. Later that day Raynor obtained the search warrants and Hayes was to help execute the search warrant at Nolan’s residence.

Hayes detailed that he seized several items into custody: a PA system, baseball bat, duffle bag, and sawed off shot gun. There is also tape recorded testimony from Nolan’s ex-girlfriend connecting Nolan with breaking and entering.

Nolan’s attorney, Brent Clyburn, then cross-examined Hayes. Clyburn asked Hayes if he recalled why Nolan wasn’t able to drive himself to the barracks, indicating Nolan was intoxicated at the time and was unable to drive and also unable to read the Miranda Rights form. Hayes underlined he did not recall Nolan being under the influence of alcohol. Clyburn then asked if he recalled any officers talking to Nolan about coming clean and being promised house arrest or probation. Hayes again replied he did not recall any such conversations.

Clyburn reminded Hayes that at the end of the tape recording Hayes tells Nolan to think about what Sgt. Shriver told him. To this Hayes said he did not recall as it had been several months since he listened to the tape. Clyburn also asked Hayes if Nolan’s family members were in or around the house during the search.

Hayes said he vaguely remembered some family members around but that they were up along the road, never near the trailer being searched.

Clyburn brought up the biggest in-congruency to the story, that being the times recorded on the statements and tape recorder. The Miranda waiver Nolan signed was time dated at 21:10 and the tape recording ends at 21:37. Clyburn asked where the remaining minutes were on the tape to which Hayes assumed that might have been the time it took for Raynor to perform the written statement. Hayes said he did not record Raynor’s session which was taken in between the signing of the Miranda Rights form and Nolan’s statement with Hayes. Clyburn responded that the time recorded on Raynor’s form says 20:37, implying he took the written statement before Nolan was read his Miranda Rights.

Despite this discrepancy Hayes stood firm in his understanding that Nolan signed the Miranda Rights form prior to making and recording statements to law enforcement and that Nolan appeared to be of sound, uninfluenced mind. The state asked Hayes if it was possible Raynor’s time was recorded incorrectly and that in fact he meant to write 21:37 instead of 20:37. Hayes replied it was possible.

Lastly, Allen Richard Larrimore, 51, of HC 79, Box 5 EE, Jacksonburg, was granted his motion for reconsideration on his sentence of one to five years in the West Virginia State Penitentiary for Men following a guilty plea to third offense domestic battery made Oct. 22, 2009. It was noted at the time of sentencing that after one successful year in prison a Rule 35 motion could be filed. Judge Karl granted Larrimore to one year supervised probation, with no contact with the victim.

Larrimore’s third-offense domestic battery to have allegedly occurred on July 22, 2009. He was previously convicted of domestic battery in Wetzel County Magistrate Court on March 26, 2007, and on March 25, 2009.