Sexual assault trial put on hold
by Joanie Newman
9 months ago | 459 views | 0 0 comments | 5 5 recommendations | email to a friend | print
The trial of a 60-year-old Pond Fork area man accused of sexual assault was postponed Monday due to problems choosing a jury. David Daniels was accused as early as 2004 of being involved in the sexual assault of an underage female relative. The retired miner was indicted in 2006 on those charges. At that time the indictment included charges of sexual assault and sexual abuse by a parent or guardian. While free on bond awaiting trial Daniels was arrested a second time. Last year Boone County Sheriff’s Department investigator Jeff Dingess, arrested Daniels on charges he assaulted yet another underage female relative. The complaint filed at the time alleged that Dingess "showed the underage female relative sexual images on a computer in a residence" The complaint went on to also allege that he asked the child to pose unclothed for him. The route to trial on the initial charges was hampered by a series of motions in Boone County Circuit Court. His defense attorney challenged the seizure of a personal computer taken by sheriff’s deputies with a search warrant. The attorney argued that since Daniels’ wife gave the computer to a third party who then turned it over to investigators, the value of any evidence that might be stored in it was questionable. Eventually, Boone County Circuit Judge Will Thompson ruled for prosecutors. Since May 26th attorneys for both Daniels and the State have experienced difficulty in seating a jury. As of Monday, June 1st, just 11 of 24 jurors had been chosen. Officials said the inability to choose jurors were due to a number of reasons. Some potential jurors were relatives of Daniels while numerous jurors admitted they had either heard about the Daniels case either from newspaper accounts or from television coverage. Over the weekend Circuit Clerk Sue Ann Zickefoose was compelled to call 50 additional persons from the jury pool. As of Monday morning, at least ten of those potential jurors called in to report that they were either too ill to attend, had moved, and some had even died. At least some of the jurors, or their relatives, works with Daniels at an area coal mine. Late Monday afternoon, Judge Thompson decided that since court officials were having such difficulty in seating a jury he opted to postpone the trial until July 13. The judge asked the West Virginia State Supreme Court of Appeals to provide 250 additional names of potential jurors for the court to call upon. Thompson pointed out that state law requires potential jurors who are called must be given twenty days notice before being compelled to appear for duty. "They must have a chance to respond to my office if the jurors cannot serve. These folks we will call may also have moved away, might be in college or are unable to serve for some other reason. The law states we have to give them a chance to respond," the judge said. Once the trial begins, the case, a 74-count indictment of child molestation, is expected to last at least two weeks.
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