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Speedy trial debated in Columbiana County case

February 21, 2014
By DEANNE JOHNSON - Special to the Herald-Star , The Herald-Star

LISBON - A second round of testimony was heard this week in Columbiana County Common Pleas Court regarding the motion of Vonlie Cooper's attorney, James Hartford, who believes his client's rights to a speedy trial has been violated.

Cooper, 25, of Weirton, was charged in early 2012 with failure to comply with the ordinance or signal of a police officer and two counts of possession of drugs. Cooper reportedly was shot in the foot by a highway patrol trooper while running away on March 2, 2012.

Late last month a motion hearing was held regarding why there had been no trial for Cooper between March 2012 and Nov. 5, when Hartford filed a motion to dismiss the charge for lack of prosecution in a speedy manner.

Although there are many things that can delay the number of days, the state typically has 270 days to bring someone to trial. As of Nov. 5, Hartford contends 594 days passed.

In January, Judge C. Ashley Pike heard testimony from Sgt. Robert Dowling of the sheriff's office who explained efforts taken to locate Cooper during that time period. Cooper also took the stand claiming he was on house arrest for 18 months in Chester between March 27, 2012 and Aug. 22.

On Wednesday, Assistant County Prosecutor Tammie Riley Jones brought three more witnesses to the stand to explain why Cooper was not located during that time period.

Adam Hudek, the Hancock County probation department's house arrest officer, testified he supervised Cooper from March 2012 until last April when Cooper's house arrest GPS unit was found under a Dumpster in Weirton. Hudek also testified that in February 2013, Sgt. Brian Swann of the Hancock County Sheriff's Department contacted him about a warrant out of Ohio for Cooper, but at the time Hudek said Cooper had just gotten out of the hospital following surgery and was recovering.

Swann testified he had stumbled across the warrant for Cooper on the Columbiana County Sheriff's Department's website's 10-most-wanted link. Familiar with Cooper, he had taken steps to call Lt. Allan Young of the Columbiana County Sheriff's Department in order to determine if the warrant was still valid. However, after learning about Cooper's surgery and recovery and talking about it with Young, Swann said it was determined to wait before executing the fugitive from justice extradition warrant he had obtained for Cooper in West Virginia.

After Cooper ran in April, he later was picked up by the U.S. Marshal's Office Fugitive Task Force.

Young, who was on the drug task force at the time, was questioned by Hartford as to whether Cooper was actually cooperating with the DTF in a drug bust operation he described in detail that allegedly occurred last March. Young denied being part of the operation Hartford talked about and denied calling those charged with criminal charges and attempting to involve them in DTF operations.

At the end of Wednesday's testimony, Hartford continued to contend Cooper's rights are being violated "because people didn't want to take responsibility." He noted there was "indolence," or general laziness, on the part of those who were supposed to be looking for Cooper.

"Vonlie Cooper has had his constitutional rights violated," Hartford said. "Vonlie Cooper has had his statutory right to a speedy trial violated and I believe the testimony over the two days have shown those rights have been violated."

Jones contended from Feb. 22, 2013, until September, she was awaiting Cooper to be extradicted to Ohio. During that time, she believes any time should not be counted, especially due to Cooper cutting off his house arrest monitor in April. Following that time he was caught and incarcerated in West Virginia until September.

 
 

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