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g.
the HINTON ]'i00EWS
(Continuing the Hinton Daily News & The Weekend Leader)
Home of the W. Va. Water Festival
Volume 92 No. 14
Hinton, West Virginia Tuesday July 27, 1993
25 Cents
State Supreme Court Queen Mermaid XXIX &
Reverses Sex Conviction Her '"t,
By Fred Long
A Hinton man, convicted in Jan.
1990 on charges of raping his wife
and assisting two other men to rape
her, will get n new trial because of a
letter his wife allegedly sent to him
two months following his conviction,
the State Supreme Court of Appeals
ruled last week in a unanimous
decision.
The high court reversed a Dec.
1991 decision of the Circuit Court to
deny Charles Daniel O'Donnell, 30,
a new trial based on the letter his
wifb claimed she never sent.
"We had fun that night," his wife
allegedly writes in the letter mailed
from Maryl an d a n d postmarked July
7, 1991. "It was the only way I would
get away from you and West Vir-
ginia."
• According to court testimony,
O'Donnell, on the night of July 30,
1989, picked up two men at abar and
took them to his Temple St. home
where all three, for over an hour,
The
engaged in various kinds of group
sex with his wife. None of the sexual
acts were illegal between consent-
ing adults; however, his wife claimed
she did not consent. Following a
fbur day trial O'Donnell was con-
victed. The other two enter guilty
pleas prior to his trial.
In a 12-page decision, Chief Jus-
tice Margaret Workman said the
letter, "creates a 'substantial likeli-
hood' that [O'Donnelt] would be
acquitted on retrial."
O'Donnell was sentenced to a
prison term of 10 to 20 years in May
1991.
"I feel good about it," said R.
Thomas Czarnik, O'Donnell's Prin-
ceton attorney, adding that his client
would probably be acquitted on the
strength of the letter. I think the
Supreme Court is right. I think the
state ought to spare everybody the
agony of another trial," he added.
"As far as I'm concerned it's like
its been reopened," said County
Grand Jury
Clears Keaton
By Fred Long edly broke into the home of" Nathan
Grand Jury, Wednesday, Bowling, Jr. last January and re-
cleared Charles Russell Keaton, of'
Pipestem, of allegedly violati ng elec-
tion laws by causing a circular,
supporting candidates to the county
board of education, to be distributed
anonymously.
Keaton published a single page
election brochure shortly bfbre the
May 1992 election which did not
include his name, signing it: "Con-
cerned Citizens of Summers County."
Although the circular did not
include Keaton's name as the source
of the material, required by state
statute; Keaton, on the day before
the election, purchased radio ads
naming himself responsible fbr the
brochure.
"Apparently," said Greenbrier Co.
attorney Richard Lbrensen, a spe-
cial prosecutor appointed here to
present the case for the state, the
grand jury felt by taking out the
radio ads, before the election, Kea-
ton was making every effort possible
to rectify an unintentional mistake.
Following the hour long present-
ment, Judge Charles M. Lobban toll
the members of the grand jury they
are "strictly prohibited" from dis-
cussing their deliberations "with
anyone and, as an investigative
body, all matters before the Grand
Jury is "strictly confidential."
Lobban is filling in for Judge
Robert Irons who is presently at-
tending a special training session on
recent court decisions.
A one court indictment was re-
turned against four arrested last
April in what Sheriff John Plumley
said may have been Summers
County's largest drug bust.
James Michael Yancey, 34, Karen
Strauser, 25, Helen Jennifer
Scrogham, 22, and Wendell R.
Scrogham, Jr., 39, were each in di cte d
on a charge of manufacturing mari-
juana, following the testimony of
Sheriff Plumley.
According to Plumley, police con-
fiscated approximately 200 mari-
juana plants fbllowing a night time
raid on April 8. The plants, along
with several bags of dried marijuana,
had a street value of about $500,000,
he said.
Plumleyinstituted court proceed-
ings to seize their assets sometime
following the arrest. "We're going to
put them out of business," he said.
All entered a not guilty plea.
A three count indictment was
returned against Roger Fox, Jr., 21,
of Hinton, charging him with night-
time burglary, grand larceny and
transfing stolen property. Ac-
cording to the indictment, Fox atleg-
moved property valued at over $200.
Fox later tired to unload the prop-
erty on Hobert J. Fox, allegedly tell-
ing him the property was stolen.
Hobert Fox, police said, notified
authorities of the transaction. Fox
entered a not guilty plea.
Arthur Vest, 24, of' Hinton, was
indicted on a bn'and larceny charge
alleging last April he removed prop-
erty valued at $900 from the Wilson
Tree Company. Vest entered a not
guilty plea.
Another [,n-and l arcenyindictmen t
was returned against Michael Dun-
fbrd, 18, of Hinton, claiming he stole
a fishing boat and motor, valued at
$700, from Dennis Andrews. Dun-
ford has not entered a plea.
Terry A. Parks, age unknown, of'
Princeton, and Tommy Christopher
Robinson, age unknown, of' Pem-
broke, Va., were each indicted under
sepm'ate indictment fbr allegedly
obtaining money under false pre-
tenses. Parks, according to his in-
dictment, allegedly obtained money
to do some plumbing work and fhiled
to complete the job. Robinson, ac-
cording to his indictment, allegedly
collected $2,700 to do a roofing job
and didn't do the work. Both en-
tered a not guilty plea.
A two count indictment was re-
turned against John Q. Houchins,
Jr., age unknown, of" Hinton, alleg-
ing that he failed to provide support
fbr two minor children. Houchins
has not entered a plea.
An indictment of weHhre faud
was returned against Edward Caul,
age and address unknown. Caul has
not entered his plea.
Mark Gilbert, age and address
unknown, and Steve Lucas, 19, of
Alderson, which are each named in
separate indictments alleging one
count of forgery and one count of
uttering. Both entered a not guilty
plea.
Richard K. Hooper, 29, of Hinton,
was i n di c ted on a charge of uttering.
Hooper entered a not guilty plea.
Bill Bobbit, David LaVelle and
Bob Grant, ages and addresses
unknown, are each named in sepa-
rate indictments for allegedly issu-
ing a worthless check. All three
have yet to enter a plea.
Ivan E. Bennett, age and address
unknown, Galen Eugene Reliford,
Jr., 28, of Hinton, Glen A. Cockran,
45, of Clear Ck., WV, and Margaret
Mary Adkins, 31, of Hinton, are each
named in separate indictment alleg-
ing third offense DUI. All entered a
not guilty plea.
Prosecutor Tom Canterberry, "just
because the Supreme Court reversed
it, that doesn't mean it's over, that
means we can have another trial
and we may do that.
Canterberry said he has not re-
viewed the case or talked to the vic.
tim about the letter. The case was
originally presented by former prose-
cutor Joe Aucremanne.
"I'm going to talk to her and maybe
see where that letter came from. If"
she says she didn't write that letter
I think she has the right to present
that to a jury."
According tO the alleged letter
claimed to be from O'Donnall's wife,
she allegedly writes:
=Danny,
"Now it's over and there is noth-
ing you can do about it. I told you
long ago they're my kids. We had
fun that night. It was the only way
I would get away from you and West
Virginia.
"I'sleep' where I want now. Maybe
one, maybe with two, you will never
know. It does not matter who you
show this to, it will do you no good.
You've been sentenced, and I don't
think your appeal will work either.
"So [I]n closing, just know that
you will never see Ryan or Jerry
going to. You should have known no
Young DemoCrats of' Summers
County, and a member.of the PSI
chapter of' Sigma Sigma Sorority.
Andi plans to obtain her Masters
in Counseling and work with under-
privileged children and substance
abusing fhmilies. Andi is cu|Tently
employed by the West Virginia
Department of" Highways Summer
College Program.
Andi is sponsored by Hinton
Business and lh'oibssional Women.
I MERMAID XXIX,
one would believe you without the Andi is the daughter of Jim and
pictures. Susie Gore. Paternal Grandparents
"Goodbye forever!" are Mrs. Cammie Gore ar, d the late
The letter is dated June 10, 1991.. Jason Gore of' Hinton. Maternal
and allegedly contains her signa- Grandparents are Curtis and June
ture. Meadows of' Hinton.
"The authorship of the letter is A 1990 Graduate of Hinton High
not in substantial dispute, Work. School and now a Senior at Marshall
man states in her ruling, because University majoring in Counseling.
forensichandwritingexpertsfbrboth Andi, a Dean's List Student, is a
the State and defendant "and even memberoftheFirstBaptistChurch,
the trial .judge concluded that the
letter 'was probably written by her."
Canterberry said he knew a hand-
writing analysi s had been pelbrmed
on the letter, "but that not 100 per-
cent that she wrote that and I'm
going to look into it and based on
what I find out weql decide what
weql do. Right now, I'm leaning
toward retrying this."
If the case is retried, Czarnik said
the letter will be a key element to his
defense. "I expect her to get on the
witness stand and lie again. I have
handwriting expert that will testif!€
that she wq'ote the letter. When we
had the trial we didn't have this
letter. The letter didn't exist until a
year after the trial. Now we have the
letter."
MISS SHELLY RAEANN
Stories YOUNG
Shelly is the daughter of' Mike
and Louverna Brown. Paternal
Grandparents are Mr. and Mrs. Ray
Brown of Craigsville. Maternal
Grandparents are Mr. and Mrs. Jay
Taylor of Hinton.
A 1993 Graduate of Hinton High
School and is currently employed at
Big Four Drug Store.
Shelly is a member of the Ch-
esnut Grove Baptist Church.
MISS STACk" NICOLE NEWTON
Stacy is the daughter of Sam and
Connie Newton. Paternal Grandpar-
ents are Stan and Emma Newton of
Hinton. Maternal Grandparents are
PRINCESSES
Charles and Dorothy Smith of Myrtle
Beach, S.C.
A 1993 Graduate of Hinton High
School with plans to attend Gulifbrd
College majoring in Business.
Stacy is a member of the St.
Patrick's Church of Hinton.
Continued on page 3
JUNIOR ATTENDANTS
River
HEIDI WARD
Heidi Ward is the nine-year-oid
daughter of" Thomas and Lucinda
Ward of' Hinton. She will enter the
fourth grade this fall. Her paternal
grandparents are Vir D nia Ward and
the late Franklin H. Ward of' Sand-
stone. Her maternal grandparents
are Grant R. and Suzan nah F. Jensen
of St. Albans.
Ridge
Come to Pipestem State Park for
a talk about the River Ridge area of
Summers County on Tues., July
27th. at 8:30 p.m. in the park's Na-
ture Center.
Dick Murchison, a summer resi-
dent of River Ridge, will share sto-
ries and slides about %ld timey"
ways of days past on River Ridge.
Included will be tales of moonshine
making, ghost tales, and daily life on
this Pipestem Mountain.
Murchison, an assistant profes-
sor of management at Wesley Col-
lege in Dover Delaware, has been
enjoying West Virginia's past since
he first visited Cacapon State Park
as a boy in the 1950's. He has been
compiling an oral history of River
Ridge fbr the past five years.
The talk is free and open to the
public.
For more information call 466-
1800 ext. 344.
KARI STANDARD
Karl Standard is the eight-year-
old daughter of Mr. and Mrs. James
Standard of Talcott., She will enter
the fourth grade this fall. Her pater-
nal grandmother is Mrs. Hannah
Standard of Talcott, and her mater-
anl great-grandmother is Mrs. Wil-
lie Smith of Hinton.
Continued on page 4
1st RUNNER UP
MISS TIA DAWN MADDY
Tia is the daughter of Ashby and
Donna Maddy. Paternal Grand-
mother is Mrs. Adena G. Maddy of
Nimitz. Maternal Grandparents are
Mr. and Mrs. Carl A. Vest of Nimitz.
A 1990 Graduate of' Hinton High
School and now a Senior at Alder-
son-Broaddus College majoSng in
Nursing and on the Dean's List.
Tia is a member of the Nimitz
Missionary Baptist Church, Senior
enate member of' Student Govern-
meat Association and Student
Ambassador.
Tia plans to obtain a masters
degree and pursue a career as a
Certified Registered Nurse Arwsthe-
tist.
Tia is sponsored by Delphi Club.
MAID OF
HONOR
!
!!00Jil
MISS SONYA FAYE MURRELL
Sonya is the daughter of Mr. and
Mrs. Robert Miller Murrell. Her
paternal grandparents are the late
Robert M. and Barbara Murrell of
Hinton. Her maternal grandparents
are the late William K. and Lillian
Eleen Ward of Glen Morgan.
Sonya is a graduate of West Vir-
ginia University with a bachelor's
degree in political science and mi-
nors in criminal justice and history.
She also studied in Paris at the
University of Sorbonne. Sonya is
currently employed at Phar More in
M0rgantown as a pharmacy techni-
cian.
She is sponsored by the Hinton
Women's Club.
MISS MARY PAIGE GWINN
Paige is the daughter of Philip J,
and Kathryn L. Gwinn. Paternal
Grandparents are Mr. J. Campbell
Gwinn and the late Mrs. Hazel
Gwinn of Green Sulphur Springs.
Maternal Grandparents are Mrs.
Mary C. Meadows and the late Mr.
James E. Meadows of Hinton.
A 1992 Graduate of Hinton High
Continued on page 3