Defendant will be own attorney

Published 11:17 am Thursday, May 18, 2017

Salyers will defend self on trafficking charge

Abraham Lincoln once famously said that a man who represents himself has a fool for a client.

Judge Charles Cooper invoked those words on Wednesday in counseling William F. Salyers of his constitutional right to represent himself, as well as the potential pitfalls of doing so.

Salyers, 36, of Ironton, is charged with trafficking in methamphetamine, a felony of the fourth degree. Salyers told Cooper that there was “no trust” between himself and his court appointed attorney Warren Morford.

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“He gave me three photos today, of a marked buy, but had no (information about the photos),” Salyers said.

He asked Cooper if it was possible to get another court appointed attorney, but Cooper advised him that, if he did not want to work with the court appointed attorney, his options were to hire an attorney at his own cost or to represent himself.

Cooper strongly advised Salyers, despite his constitutional right to defend himself, to retain the services of Morford or to hire an attorney.

“It would be dangerous, even, for a lawyer to defend themself,” Cooper said, noting that even attorneys generally retain other counsel when charged in a criminal case.

However, Cooper said that he couldn’t allow Salyers to choose his own public defender.

“We have provided a capable attorney,” Cooper said, noting that if Salyers still wished to discharge Morford, he knew what his options were. Salyers told the judge that he did wish to discharge Morford and, as he cannot afford an attorney, would be representing himself.

Salyers had his pretrial set for June 7 and trial for June 22 – 23.

Cooper did advise Salyers that he would be appointing shadow counsel to advise him. While the shadow counsel does not provide legal advice on the case, they will be able to advise Salyers on procedural matters and in understanding the proceedings against him.

In other action, Custer M. DeLawder, 21, of Ironton, was sentenced to a total of five years on one count of burglary and one count of possession of methamphetamine. DeLawder was sentenced to five years on the burglary charge, and 11 months on the possession charge, to run concurrently, after previously pleading guilty to both charges.

Cooper told DeLawder and his attorney, Gene Meadows, that he would consider judicial release after three years, with good behavior and release to the STAR program.

A remorseful DeLawder apologized for his actions, telling the court, “I know what I done was wrong.”

Corey A Powell, 21, of Proctorville, pleaded guilty to rape and engaging in unlawful sexual conduct with a minor. Eight other counts of gross sexual imposition were nullified as part of Powell’s plea. In addition to a mandatory five years of post release control, Powell will be required to register as a sex offender, registering his residence, and at any place of employment or schools he might attend. Powell’s sentencing is set for June 21.

Anneimika Walters, 39, of London, had her bond maintained at $30,000 cash or surety on charges of possession of methamphetamine and possession of alprazolam.
Prosecutor Brigham Anderson noted that Walters had two failures to appear, as well as failed drug tests and charges pending in other counties, and questioned the current bond, suggesting it be raised to $50,000 cash or surety.

He also noted that they needed to determine how much time Walters had already served to make sure they were not violating her rights to a speedy trial.

Defendants have a right to trial within 270 days of being charged or arrested, however every day spent incarcerated counts as three days toward the 270-day time limit.

Walters’ defense attorney argued that there had been “no change” in her actual status since the bond was set at $30,000 cash or surety.

In fact, he said, it was incarceration in Lawrence County that lead to Walters missing a meeting with her probation officer and her subsequent arrest in Madison County for CCS violations.

That arrest, in turn, caused Walters to miss her court date in Lawrence County, he said.

After agreeing to re-call the case, Walters and her attorney returned with a signed waiver of speedy trial, and bond was maintained at $30,000 cash or surety.

In Judge Andrew Ballard’s courtroom, Timothy Fox, 24, of Ironton, pleaded guilty to two counts of theft, an F5, and one count of attempted grand theft, an F4 offense. Ballard sentenced Fox to four years of community control sanctions, 200 hours of community service, and to complete a program at STAR Community Justice Center, with 17 months total reserved.

Leigh A. Frye, 38, of Wayne, West Virginia, pleaded guilty to theft, and was sentenced to treatment-in-lieu and ordered to complete 200 hours of community service and a program at Mended Reeds.

Wendy M. Jenkins, 36, of Ironton, was sentenced to four years of CCS with ISP, and 200 hours of community service, on charges of theft, with 11 months reserved.

William Moudy, 30, of Lexington, Kentucky, pleaded not guilty to charges of trafficking in marijuana and had his bond set at $20,000 cash or surety and $50,000 own recognizances.

Gary Munyan, 47, of Ironton, was sentenced on charges of possession of methamphetamine. Munyan was given four years of CCS with ISP, ordered to complete 200 hours of community service, and to complete a program at STAR.

Jason D. Smith, 38, of Huntington, pleaded not guilty to charges of possession of heroin. Ballard set his bond at $20,000 own recognizances and $5,000 cash or surety.

Finally, Jason Pinkerman, 31,of South Point, pleaded guilty to possession of heroin, and was sentenced to four years of CCS with ISP and ordered to complete 200 hours of community service, with 11 months reserved.