Jan. 17—FAIRMONT — Marion County Circuit Court Judge Matthew Delligatti did some work this week undoing the Gordian Knot that has become the series of trials seeking accountability for the September 2022 murder of Henry Silver.
The Marion County Prosecuting Attorney is trying six men for Silver’s murder in 2022. Charged with first-degree murder, John Wolfe, Ryan Lane, Jonathan Biller, Derek Clem, Austin Mullins and Dane Hull are all accused of playing a part in Silver’s death that took place outside Carolina Arbors apartments in Carolina.
So far, Wolfe and Clem have been convicted for the murder. Hull was found not guilty of the murder by a jury but was still found guilty of conspiracy to commit murder and use of a firearm during commission of a felony. Mullins, Biller and Lane remain to be tried. Mullins’ trial is scheduled to begin on Tuesday.
The complexity of the case stems from having to manage six different trials with interconnected pieces. One sticking point among all the attorneys handling the case — both defense and prosecution — is a series of confessional letters Mullins wrote to Lane claiming he committed the murder. The letters can be used in legal arguments to either clear or confirm guilt, depending on who’s turn it is at trial, making the letters important for each side to gain leverage over. Other concerns as far as trial strategy goes also exist.
Lane had a hearing Jan. 14 to begin unpacking some of the motions his lawyers, Elgine McArdle and Stanton Levinson, made in his defense. One of the motions was for bail. Assistant Marion County Prosecuting Attorney Sean Murphy objected, saying at no time in his 30 years of experience has a murder suspect ever been granted bail.
What complicated matters, was that Lane was not physically present at the murder, although the prosecution argued there is evidence Lane held a level of responsibility for the crime. McArdle and Levinson pushed back, saying Lane was a member of the community and had an education. Moreover, they believe Lane is innocent of the murder charge, and since he was also accused of conspiracy, there was precedent for granting bail.
Delligatti made his ruling.
“However, the Court, in its discretion, is of the opinion that the seriousness of the crime for which the Defendant was indicted combined with the evidence linking the Defendant to the crime prevents the Court from setting a bond in this particular matter,” Delligatti wrote in his Jan. 15 order.
McArdle and Levinson are fighting a separate legal battle with Murphy. Murphy subpoenaed McArdle for testimony in Mullins’ trial, accusing McArdle of making herself part of the trial. McArdle denied having any personal knowledge of Mullins’ case, other than what information her client communicated to her via attorney-client privilege. Lane’s attorneys tried to quash Murphy’s subpoena. The argument featured prominently at Lane’s hearing.
Since there wouldn’t be time to settle the argument before Mullins’ trial on Tuesday, Delligatti opted to have McArdle, Levenson and Amy Jones, another of Lane’s attorneys, appear to settle the matter after jury selection. In the case Delligatti rules in Murphy’s favor and McArdle has to testify in Mullins’ trial. Delligatti set dates during Mullins trial requiring McArdle to appear.
Another point McArdle is strenuously arguing is her attack on the state’s indictment of Lane. In a filing to the court, McArdle accused the state of abusing the grand jury process and presenting hearsay, speculation, misleading and “outright false facts.” She accused the state of bypassing a preliminary trial hearing where Lane would have been able to exercise his constitutional right to confront his accuser and cross examine Det. Matthew Pigott on exculpatory evidence the state had obtained. Instead, the state presented testimony to a grand jury without any challenge, according to court documents.
McArdle also contends the evidence the state has clears Lane of any wrongdoing. McArdle challenged the testimony of a child witness which has been crucial in securing three other convictions, as well as made notice of a search warrant which showed Lane was in Bridgeport at the time of Silver’s murder. McArdle also refers to phone records which show no calls coming in to Lane’s phone from Wolfe on the night of the murder during a key moment. She also accuses Det. Pigott of falsely claiming Lane was at a McDonald’s to meet the perpetrators of the crime after the murder. On Tuesday, McArdle said Lane’s own phone placed him nowhere near that McDonald’s.
On Tuesday, Murphy vociferously defended the child’s testimony. He also accused Lane of orchestrating the letters that Mullins sent exculpating Lane once Lane arrived at the same prison.
It’s not clear if McArdle’s motion to have the indictment thrown out has had a chance to be reviewed by Judge Delligatti. Delligatti mentioned having to go through more motions on Tuesday. Jury selection for Mullins begins at 9 a.m. Jan. 21.
Reach Esteban at efernandez@timeswv.com