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Belmont County Murder Suspect Seeks Dismissal of Charges

GALBERTH

Disagreements between the defendant in a murder case and his attorney were at the forefront Monday when the Brookside man accused in the fatal shooting of his wife this past summer requested his case be dismissed.

Belmont County Common Pleas Judge John Vavra did not do so, but continued his December trial date to March to allow the defendant’s attorney more time to prepare the case.

Rudolph Galberth, 37, is accused of aggravated murder with a firearm specification and having weapons under disability. He allegedly shot and killed his wife, Amy Butler, 37, in the driveway of their residence June 15. According to law enforcement, Butler was found dead in her driveway with multiple gunshot wounds, following what law enforcement officers believe was a domestic incident. If convicted, Galberth faces a life sentence, and the firearm specification could mean an additional three years would be added to that.

He appeared in court with William J. Mooney, attorney with the Ohio Public Defender’s office. Mooney is Galberth’s second defense attorney. In October, he asked that his attorney from the Belmont County public defender’s office be replaced with a state defender.

Vavra continued the Dec. 11 trial to March. An exact date has not been set.

Galberth said his prior attorney had asked for a continuance against Galberth’s will. He argued that 90 days have elapsed, and the case should be dismissed on the grounds of his right to a speedy trial.

During Monday’s hearing, Galberth spoke several times, criticizing his prior and current defense attorneys, although Vavra cautioned him to speak through his attorneys.

“Counsel did that against my will,” Galberth said.

“It was done without his consent,” Mooney said. “It is our intention that that motion for continuance was not a valid motion.”

Afterward, Belmont County Chief Assistant Prosecutor Kevin Flanagan specified that a felony case must be tried in 270 days, but time spent in jail counts for three times the time spent outside of jail.

“The 90 days has in fact run,” Mooney said, adding that Galberth had not wanted to ask for a continuance that was granted Aug. 22.

Galberth accused Mooney of misrepresenting him and said he no longer wanted him as his lawyer. As of the end of the day, Mooney remained Galberth’s lawyer according to the court.

Flanagan described Galberth’s request as “without merit.”

“Everything that we have done to this point has been at the request of the defendant or his counsel,” he said. “There was no objection lobbied to this court by the defendant when these motions were being filed.”

Galberth remains at the Belmont County Jail in lieu of $1 million bond.

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