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Mull Detained, Deemed Competent for Trial

April 16, 2013
By TYLER REYNARD Staff Writer , The Intelligencer / Wheeling News-Register

Federal Magistrate Judge James Seiburt revoked Kymberly Mull's pretrial release Monday for her continued abuse of prescription pain killers, and she will remain behind bars while awaiting trial for her alleged role in a multi-member drug distribution ring.

Mull, 44, of Wheeling was charged with 25 counts alleging she and others conspired to distribute heroin, cocaine and prescription pills. Most of the heroin Mull and her co-defendants are accused of distributing came from Pennsylvania, while the pills came from Pennsylvania, Ohio and West Virginia.

The prosecution filed to have Mull's release revoked, saying her drug use made her a danger to herself and the community, according to U.S. Attorney William J. Ihlenfeld II. He would not comment on a possible overdose, but he noted that Seiburt filed Mull's medical records under seal.

She was immediately detained by the U.S. Marshals Service and held in the U.S. District Courthouse while awaiting a Monday afternoon hearing in front of Judge Frederick P. Stamp Jr.

Mull previously was committed to Hillcrest Behavioral Health Services at Ohio Valley Medical Center, her attorney, David Jividen, told Stamp. Because of her severe drug abuse and dependence, Jividen said he had been having difficulty communicating with Mull and doubted if she was competent to assist him in formulating a defense.

She then received prolonged addiction treatment at Glenbeigh alcohol and drug treatment center, which has locations across northern Ohio. Mull was released from Glenbeigh on Friday and has been sober for 55 days, Jividen said. While a medical examination at the facility did not specifically address her competency to stand trial, Jividen said the report clearly indicates that she is not suffering from any ongoing psychiatric problems.

Mull's drug abuse and addiction treatment caused at least one delay and influenced prosecutors to recommend Mull undergo a psychiatric evaluation. They withdrew that motion on Monday, however, based on the information Jividen provided.

Stamp scheduled Mull's trial for June 18. It is expected to last two to three days.

Mull allegedly crashed her car Saturday night, hours after being released from Glenbeigh, on W.Va. 88 near Oglebay and fled the scene. No other vehicles were involved. The Ohio County Sheriff's Department responded to the crash.

Ihlenfeld said prosecutors will also seek to detain Mull for that alleged crime. Although Seiburt already decided to jail Mull for her continued drug use, the judge's ruling can be appealed, and Ihlenfeld said prosecutors are looking to ensure Mull's detention. That hearing is expected to take place at the end of this week or early next week.

 
 

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