The Trial of State of WV vs. Linda Lou Moss began Tuesday, July 25th. Ms. Moss appeared with her attorney John Balenovich, who, when presented a plea deal by Prosecuting Attorney Nigel Jeffries, the plea was rejected. She was offered the opportunity to plea guilty to Felony Possession with Intent to Deliver and have her sentence run concurrent (at the same time) as a previous 60 day Magistrate Court sentencing. The prosecution also agreed it would stand silent when Judge Ashley determined the amount of sentencing.
A jury was called and after a full afternoon of the selection process, a jury was seated at around 3:45 p.m. on Tuesday. Court reconvened Wednesday morning at 9 a.m. and hoped to be completed the same day with the State having 4 witnesses to testify.
Following the instructions to the Jury, Prosecuting Attorney Nigel Jeffries gave his opening statements to the jury. He informed the 12 member panel that the State intends to prove on December 10, 2021, Linda Lou Moss possessed with intent to deliver meth amphetamine. On that date, Trooper Ethan Taylor of the West Virginia State Police and (then) Deputy C.J. Myers were executing a legal matter at the home of Linda Moss on 988 Sugar Camp Road. When she answered the door, she asked if it was okay if she turned the stove off, because she was cooking. Through the door, Trooper Taylor seen two un-named males sitting and a container on the table. When he asked Linda Moss what was in it, she confessed that it was Methamphetamine. Everyone was removed from the house and a search warrant was then obtained. The search netted almost 10 grams of Methamphetamine, scales, and baggies.
The Defense Attorney for Linda Lou Moss, John Balenovich, gave his opening statement, telling the jury that they would soon hear from 3 or 4 State witnesses. He asked them to listen for the answers to two crucial questions. One: Did she possess drugs and Two: did she have any intent to deliver drugs? She had freely opened the door and willingly spoke to the officers. There were two other individuals in the home at the time. When determining her guilt, he asked that the jurors consider that there were three other people who had access to the home.
Prosecutor Nigel Jeffries, called his first witness, Trooper Ethan Taylor. Currently serving in Ritchie County, but in 2021 he was serving the Grantsville detachment. Taylor testified that when speaking to Linda Lou Moss about a separate Law Enforcement matter, she had asked about turning off the stove. At that time Taylor had seen a black and green container, and Deputy CJ Myers had seen a baggy with a crystal substance. After they removed the people from the residence and received a search warrant, they found two items on the table in the living room, a lock box under the bed which contained scales and baggies like that found on the living room table. Taylor believed that Linda was the primary resident of the home and that the two males were visitors.
When asked to describe what he found in the home, Taylor listed
- Container of Methamphetamine (green fob)
- 2 clear plastic baggies of substances
- 1 orange baggie of substance
- Baggie of large chunks that are usually broken up and divided
- Scales
Cross examination by Attorney John Balenovich questioned the professional experience of Trp. Taylor, having only been on the force for 3 1/2 years. An un-noticed Magistrate date error on the affidavit for Search warrant, taking pictures rather than collecting evidence, no fingerprints being taken, a discrepancy on what part of the house the scales were found in and other issues with statements allegedly made by the defendant and not recalled by Trooper Taylor. Attorney Balenovich also questioned why the two men in the house were not questioned about the Methamphetamine, to which Taylor responded, “Because they denied it being theirs.” Balenovich quipped in return “Moss also denied the drugs were hers.” It was also not in the report filed by the Trooper that the men denied the drugs belonging to them.
A questionably unrelated issue was brought up regarding a break-in while Moss (who was reportedly in Parkersburg) reported to Taylor and went un-investigated. Questions came regarding the Trooper’s knowledge on knowing the difference between possession and trafficking drugs, controlled buys and other investigation techniques. Multiple questions and sometimes duplicated questions were what possibly brought the cross examination of Trooper Taylor to a halt when a sidebar discussion was had with Judge Ashley at the request of Prosecuting Attorney Nigel Jeffries.
Jeffries cross examined Trooper Taylor regarding the line of questions from Attorney Balenovich who had used to suggest the house could have been burglarized and drugs could have been planted. “Have you ever worked a case where a burglar left drugs under a homeowners bed?” Jeffries asked. “No” was Taylor’s response as well as telling the Prosecutor that there was no evidence of a forced entry, and all the items that would normally have been stolen, were still in the house.
The second state witness called was Officer C.J. Myers who accompanied Trooper Taylor to the residence. Myers testimony aligned with that of Trooper Taylor and very few questions were asked under cross examination by Balenovich.
State Witness number three was Sgt. C.J. Weekley who has been a Sgt. Since January 2018. As Sergeant there are added responsibilities to his job, specifically as it relates to evidence collected. “As the only supervisor I am the evidence custodian.” Weekly said.
Under cross examination Balenovich questioned Sgt. Weekley regarding the missing scales from evidence. Sgt. Weekly stated that he did not have the scales in evidence and further said that the evidentiary value is up to the officer to either collect the evidence or take photos and not collect it. Belonovich also suggested that the scales were thrown away, although no testimony was made stating that as fact. The attorney’s argument was that the scales had not been tested to have evidence of meth on them.
Merideth Beavers, forensic scientist for the West Virginia State Crime Lab testified to the substance evidence that had been sent to the lab. She confirmed that all the evidence that had been submitted was indeed Methamphetamine.
Upon the cross examination by Attorney Balenovich he asked Beavers if there was fingerprint or DNA evidence submitted to the lab, and if the scales had been submitted. Her response was no.
The State rested it’s case which time Attorney Balenovich requested that Judge Ashley dismiss the case on the basis that there was no proven possession of meth by Linda Lou Moss, no proof that she owned the scales and no residue proven to be on the scales. A motion Judge Ashley denied.
Prosecuting Attorney Nigel Jeffries stated that he did take some umbrage with the way the counsel has colored the evidence clearly in his favor, stating that “Two officers arrived for an entirely different reasons and happen to find the drugs in the residence.” Nor did he care for Balenovich suggesting that the officer intentionally destroyed evidence.
The jury deliberated for nearly two hours without a verdict. Judge Ashley went back on record at 5:38 p.m. sending the jury home and return Thursday at 9 a.m.
