Procedural problems delay preliminary hearing in case of murder accused Heiden | Local news

FAIRMONT – Attorneys for Pagan Motorcycle Club President Ryan Lane must untangle a procedural snag before Lane's murder trial can proceed in October.

Marion County Prosecutor Sean Murphy barred attorneys Elgine Heceta McArdle and Stan Levenson from representing Lane in Magistrate Brian Shuck's courtroom Tuesday afternoon. Murphy argued that as attorneys not licensed to practice in West Virginia, McArdle and Levenson did not have Marion County Magistrate Court approval to represent Lane.

“It is up to this court and this court alone to exercise its authority,” Murphy said.

Lane is on trial for murder and conspiracy to commit murder of Henry Silver. Members of the Pagan Motorcycle Club killed Silver on September 9, 2022. Lane is the last member to stand trial for the crime.

Tuesday's hearing focused on procedural issues rather than issues of fact. The court has scheduled a preliminary hearing for Lane's trial. McArdle and Levenson had originally planned to discuss the matter during the hearing without their client in the courtroom. Lane was present via Microsoft Teams. McArdle told Judge Shuck it was a Sixth Amendment issue.

Before McArdle could address her points, however, Murphy interjected that before any other matters could be resolved, the question of whether McArdle and Levenson were able to represent a client in court must first be resolved.

McArdle responded that they had taken the necessary steps, filed the required documents with the West Virginia Supreme Court and received approval. She added that they had also sent the appropriate motions to the district court.

“Everything was submitted online, and the state bar approved the application,” McArdle said. “It was submitted back in July.”

However, Murphy cited the relevant sections of the code governing this procedure. He insisted that due process be followed to the letter, stressing several times, “That's not how it's done.” Murphy said the request to have Lane represented by an out-of-state attorney must be filed in both the West Virginia Supreme Court and the magistrate court, with the magistrate court having the final decision.

“They say what they have is inadequate,” Shuck said. Murphy replied, “Correct.”

Murphy's insistence on the letter of the law drew ridicule from at least one bystander who attended the hearing.

McArdle also addressed her original reason for attending the meeting. She argued that Lane's absence from his hearing interfered with his ability to mount an effective defense. Since Lane was only present via video, he was unable to communicate with his attorneys in real time. McArdle pointed out that while in jail, Lane had no way to use a phone, text, or pass a note to his attorneys should something happen during his hearing that was important to his defense. McArdle mentioned that it was a Sixth Amendment issue.

The Sixth Amendment to the United States Constitution governs criminal prosecutions. The last sentence of the amendment states that the accused has the right to the assistance of counsel in his defense. Relevant case law here might be Geders v. United States. In that case, the court ruled that a trial judge's order preventing a defendant from communicating with his attorney during a 17-hour overnight break between direct and cross-examination to prevent the processing of his testimony violated her rights. It interfered with the relationship between defendant and attorney.

Shuck noted that most of the hearings he conducts in his courtroom are similar, with the defendant present throughout the courtroom via video.

“Since COVID, the West Virginia Supreme Court has insisted on video hearings,” Shuck said. “Until an order from them or the district court states that defendants must be transported to their hearing date, I will continue to do so.”

Shuck, however, did not object to Lane appearing in person. He just wanted the due process motion to be filed first. He told McArdle that he would most likely grant the motion as long as she filed it.

Murphy and McArdle have postponed the trial's preliminary hearing until October to give McArdle and Levenson time to sort out their procedural case and get Lane to the district court. Murphy predicted the trial would last a week, with the conclusion of this episode of procedure and order coming at 9 a.m. on October 10.