The attorney for a Clarksburg City Councilman convicted in January of the domestic assault of his wife has filed a motion to grant Samuel "Zeke" Lopez a new trial.
The motion, filed in Harrison County magistrate court by Lopez's attorney Greg Schillace on Feb. 3, asserts that his client is entitled to a new trial based upon various evidential rulings by the magistrate court, including Lopez being precluded from inquiring into the bias, prejudice, and credibility of witnesses offered on behalf of the prosecution.
Lopez sought Clarksburg Police personnel files related to the case. "This request was denied with no explanation by the magistrate court as to the contents of the personnel files nor the basis to preclude the discovery of such information by the defendant," wrote Schillace in the filing. A Clarksburg Police Officer testified during the trial that he had been subject to discipline, special prosecutor Patrick Wilson objected to the questioning on behalf of Schillace, and Magistrate Tammy Marple sustained Wilson's objecting, precluding further questions.
Schillace asserts that the denial by Magistrate Marple to question the witnesses about information relating to their personnel files is sufficient basis to grant Lopez a new trial.
Magistrate Tammy Marple has scheduled a motion hearing in the case for 1 p.m. on Feb 12.
Lopez was sentenced in January to a thirty day suspended jail sentence and one year of probation, in addition, Lopez is required to report to the Harrison County Day Report Center.