Revisiting the Huntington Mall Rapist Case

Nearly 30 years ago, in January and February of 1987, two women were kidnapped, raped, and robbed in separate incidents at the Huntington Mall those months.

Glen Dale Woodall was charged and convicted by a jury of those crimes later in 1987 and sentenced to two life prison terms.  Woodall always maintained his innocence.  He appealed his convictions to West Virginia's high court and the editor of this blog argued the case before the Supreme Court in 1989.  Before the case was argued, the Attorney General's office, in which the editor of this blog was employed, agreed with Woodall's request for DNA testing to determine if his DNA was on the victims' clothing.  Those tests came back inconclusive and the case proceeded to argument before the high court.  In 1989, Woodall's convictions and sentences were upheld.  This case was unique as West Virginia became the first State in the nation to have its highest court declare that DNA testing was a valid scientific test.  The original opinion can be read at this link: State v. Woodall 1989

Glen Dale Woodall, exonerated by DNA

evidence after serving five years in prison.

After the high court upheld Woodall's convictions, two important developments occurred.  First, evidence came to light that the State's forensic analyst, Fred Zain, had falsified dozens of blood tests, such as the one used at Woodall's original trial, throwing into doubt at least some of the State's evidence.  Second, and just as important, DNA testing was refined even further to make it more accurate.  A new DNA test now showed Woodall was not the person who deposited the DNA on the victims' clothing.

In 1992, with these developments in hand, Woodall moved for a new trial.  He was released from prison after having served nearly five years.  The Prosecution then concluded in light of these two developments that it could not successfully prosecute Woodall.  Woodall then sue the State for wrongful incarceration and received a $1 million settlement.

The case then went cold as prosecutors had no other suspects.

Donald Good was convicted by DNA
evidence as the real perpetrator.

Then, in 2010, the State had a new suspect.  In the intervening years, the State had amassed a DNA database, primarily from people sentenced to prison.  The DNA on the clothing of the two victims was a match with Donald Good, an inmate already serving a life sentence for murder.  The primary evidence against Good was the DNA results.  Good's fingerprints were also a match to fingerprints found on one of the victim's driver's license.  A jury convicted Good in 2011 and his appeal was rejected by the Supreme Court in 2012.

The Supreme Court's opinion in Good's appeal can be read at this link:  Good Conviction Upheld

The State was wrong once in this matter; did they get it right this time?

Webster County's Jail Bill Debt in Hands of High Court

West Virginia Supreme Court courtroom.

Yesterday, Webster County Prosecuting Attorney Dwayne Vandevender dueled with lawyers for the Regional Jail Authority at the West Virginia Supreme Court over the county's jail bill debt reported to now be over $1.5 million and growing.  Regardless of the amount of the bill, the case is now in the hands of the five Supreme Court Justices, who will likely issue a ruling within the next 30 to 45 days.

During arguments before the Court yesterday, Vandevender told the justices that Webster County was effectively bankrupt, only funding the bare minimum of courthouse offices.  Further cuts to the County's budget to pay for the outstanding jail bill can only be made through layoffs, likely leaving only the elected officials remaining as courthouse employees.

Lawyers for the Regional Jail Authority argued that other counties who were behind in their jail bills took steps to come up with the money.  Justice Menis Ketchum asked those jail authority lawyers how the Court can force Webster County to pay their bill.  "We don't have an army," he said.

CPS Scolded in High Court Decision; Father's Marijuana Use Not a Disqualification

West Virginia's highest court did not have kind words for Child Protective Services in a decision handed down on September 6, 2016.

In a split three to two decision, the Court reversed the Webster County Circuit Court's finding that the father in the case was an abusive parent merely because he admitted to marijuana use.  The Court could not find clear and convincing evidence that the father was addicted to marijuana or that his use of marijuana affected his ability to care for his child.  The Court said: "While illegal, the Court does not find that petitioner’s occasional marijuana use, in and of itself, constitutes a harm or threat of harm to the child, especially in light of the specific circumstances of this case."  In this case, the father did not use marijuana around the child (who was in the mother's primary custody) and the father presented a clean drug screen two weeks after the case was filed against the mother.

During the case before the Circuit Court, the Circuit Judge found that a CPS worker executed a verified petition that contained false information and that this was at least the second time that worker had done so (it is believed this worker is no longer employed with the WV DHHR).  The Judge also held the WV DHHR in contempt for not establishing visitations as previously ordered.

The three justices in the majority opinion stated they were troubled by the inadequate investigation by CPS in this case.  Even the two justices in the minority opinion were not happy.  Those two justices said that "this case should be remanded to the circuit court with directions for the DHHR to file an amended abuse and neglect petition and for the holding of an adjudicatory hearing to address all of the dangers faced by this child."

The full text of the Court's opinion can be found at this link:

Abuse & Neglect High Court Opinion

Drug Conviction & Sentence Upheld by WV Supreme Court

In a unanimous decision released on September 6, 2016, the West Virginia Supreme Court of Appeals upheld the conviction and sentence of April Dawn Hamrick (age 43) for conspiracy and manufacture of methamphetamine.

In January, 2015, Hamrick and several other of her co-defendants were caught "red-handed" by police in the manufacture of methamphetamine.  The high court said the evidence presented at her trial was sufficient to uphold her convictions.

At trial, a team of arresting police officers testified that they observed petitioner and her co-defendants manufacturing methamphetamine on the front porch of a co-defendant’s home. One of the officers testified that, during the police raid on the home, he witnessed petitioner and her co-defendants huddled together on the front porch and one of the codefendants was shaking a bottle containing the ingredients for manufacturing methamphetamine. Another officer testified that he witnessed petitioner holding a bag of coffee filters, which are commonly used for the purpose of manufacturing methamphetamine. The officers also testified that they recovered actual methamphetamine in the home and a list of other items commonly used in the manufacture of methamphetamine.

The high court also said that Hamrick's five to 25 year sentence was proper under the facts and because the time period was within the applicable sentencing guidelines.

The full opinion can be read at this link:

Hamrick Conviction & Sentence Upheld

Police Routinely Ignore ATV Laws

Ever notice the ATV's or UTV's regularly driving on a public highway in Webster County, like right past the County Courthouse and Sheriff's office, or by City Police Officers?

Ever wonder if that is legal?

The answer is no.  

Enforcement of the law in this area appears to simply be ignored by police and other law enforcment in Webster County.

West Virginia law prohibits ATV's and UTV's from operating on center-lined highways.  The law does not distinguish between ATV's and UTV's.  The only exemptions in the law allow ATV's/UTV's from crossing a center-lined road at a 90 degree angle, but only after first coming to a complete stop and a headlight and/or taillight is illuminated.  The law further allows riding along the shoulder for not more than ten miles to get from one field or trail to another (if there is no shoulder on the road, the ATV/UTV cannot be driven on the center-lined road).

Here is the full text of WV's law:  ATV/UTV Law

One has to ask the obvious question:  why is law enforcement ignoring this law?

If the ATV/UTV law is to be ignored, then drivers of cars and trucks should not be required to have a license plate or be insured, or operating brake lights and turn signals, since most ATV's/UTV's do not have them.  One would think these laws would be enforced since it is a well known fact that West Virginia consistently leads the nation in ATV/UTV deaths per capita, and ATV's/UTV's are not designed for paved roads.

Exactly how do the law enforcement authorities explain to a car driver who has no license plate or who carries no insurance when they are ticketed for operating a vehicle on a public road, when such law enforcement ignore ATV/UTV drivers who do the same regularly right in front of the Courthouse and other locations in the County?

Holly River State Park Festival Car Show Photos

The Labor Day Festival at Holly River State Park included the annual car show.  About 60 cars participated in the show on Saturday, September 3, 2016.  In addition to the car photos, there are a few photos of the Windy Gap one room school located in the park.

Highlanders Win Home Opener; Improve to Perfect 2 and 0

The Webster County Highlander football team improved to a perfect 2 win 0 loss record with a 24 to 15 win over the visiting Ravenswood Red Devils.  The Highlanders travel to Tyler Consolidated next Friday, followed by two more away games at Notre Dame and Summers County.  Tyler is an even 1 win 1 loss record after beating Doddridge County 42 to 12 this evening.