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The jury trial for former State Sen. Dr. Michael Maroney for the charges of indecent exposure and disorderly conduct was continued from its original start date of Wednesday, Feb. 26 following a pre-trial hearing held on Wednesday.
Proceedings for the case were stayed due to defense attorney Harry Moore filing a motion to recuse and disqualify Marshall County Magistrate Zachary Allman from presiding over the trial. The trial will be continued until a circuit judge rules on the motion.
Marshall County Prosecuting Attorney Joe Canestraro said the defense would receive six weeks notice before the new trial date.
Maroney was not present at the pre-trial hearing on Wednesday. Canestraro said Maroney was not required to appear in court for the pre-trial hearing under magistrate court rules.
Maroney faces charges of indecent exposure and disorderly conduct for an Aug. 4, 2024, incident where he was allegedly seen committing an act of sexual gratification on closed-circuit cameras at the Gumby's in Glen Gale. Maroney was arrested on Aug. 13, 2024, for the incident.
The results of Wednesday's hearing will also continue the date for a separate jury trial for a driving under the influence charge Maroney acquired in September of 2024. Allman was set to preside over the second trial for the DUI charge that was originally scheduled for Wednesday, March 19.
Maroney's DUI charge stems from a Sept. 23, 2024, incident where McMechen Police officers pulled over Maroney after he allegedly committed "numerous traffic infractions," according to a news release from McMechen Police Chief Robert Shilling. After the roadside investigation, Shilling arrested Maroney on suspicion of driving under the influence.
Moore had made two previous motions to dismiss Allman from the two trials set for Maroney that were overruled by a circuit judge. Canestraro said the defense wanted to disqualify Allman due to their belief that the defense had not been given "sufficient time" to prepare for the trials.
Moore filed another motion for the indecent exposure and disorderly conduct trial to suppress evidence in regards to the videotape of Maroney at Gumby's and how it was obtained by officers involved in the investigation. Both sides of the case will argue whether the footage will be allowed during another hearing that will be held before the trial for the two charges.
"It's [the motion to suppress evidence] not something that's going to need testimony from an officer," Canestraro said. "It's basically a legal matter that can be argued by the parties. A legal argument will be made on that for which I feel the state will prevail."
Moore also filed a motion to change the venue of the indecent exposure and disorderly conduct trial. Canestraro said Moore would have to prove that a fair jury could not be seen in the current venue before this motion would be granted.