Pretrial motions addressed in rape case

Nov. 22--FAIRMONT -- Dale Field, who stands accused of raping a 16-year-old twice in March of this year, appeared in Judge Patrick Wilson's court Tuesday for a pretrial motion hearing.

Discussed at the hearing were motions such as whether to admit an audio interview into evidence, to what extent Field's criminal history would play a role in the state's case, and the possibility and value of allowing the defense to hire an independent forensic investigator.

Addressed first was the state's motion for a taped interview with Field to be allowed to be part of the impending trial.

On March 25, about 10 days after the alleged incidents, Field was asked to come to the new West Virginia State Police barracks in Fairmont to update his sex-offender registry information.

Cpl. T.W. Morris testified that he had asked Field to come to the station to update his information, and while he was there he questioned Field about the allegations, which Morris had not informed him of prior to his arrival.

Because Field, 37, of Fairmont, had contact with a minor he was in violation of his parole order, and his parole officer informed Morris that he had the option to hold Field if he decided to.

The state, represented by Marion County Prosecuting Attorney Jeff Freeman, argued that because charges had not yet been filed in this case, and the hold order was optional, the interview was technically non-custodial and therefore Morris did not have to read Field his Miranda rights prior to the interview.

David DeMoss, who represents Field and was motioning to suppress the tape, argued that Field was not free to leave because of the hold order and therefore the interview was custodial.

Morris said Field was aware of the serious nature of the charges and participated in the interview of his own free will, and Freeman said that because Field was not informed of the hold order until after the interview was over there was no inherent coercion.

No indication was given as to what was on the tape.

Wilson advised that he would listen to the tape before ruling.

DeMoss motioned to suppress his client's prior criminal history and testimony from the victim as to other alleged sexual abuse by Field that had occurred in the past, so as not to prejudice the jury in this case.

In 2011, Field pleaded guilty to a felony in Ohio for having unlawful sexual conduct with a 14-year-old, for which he served three years in Lorain Correctional Institution and is currently on parole.

Freeman said the state did not intend to present evidence about the other acts the victim alleged, but that the tape of her interview was "streaming disclosure" of a history of abuse and it would be difficult to separate the statements.

He also said the state intended to introduce the parole violation into the case, because it was "integral" to the crime alleged, but he did not have a problem withholding the details of his prior conviction.

"He created that circumstance, and he should have to answer it," Freeman said.

Wilson said he would consider the defense's motion to suppress.

At the request of his client, DeMoss also motioned to hire an evidentiary expert to examine a dresser and rug where the alleged rapes took place, for any physical evidence of a sex crime.

Freeman questioned the value of what the expert would find given that the crime was alleged to have occurred eight months ago and the scene had not been preserved by police.

"Someone is going to have to convince the court that this is the same mat, that the mat was in the home and that the mat was collected close in time to when Mr. Field was taken into custody and hasn't been tampered with over the last seven to eight months," Freeman said.

DeMoss said the objects had been kept by Field's sister and another person at Field's request, but agreed that establishing a chain of custody and determining that the objects had been preserved would require more work and a separate evidentiary hearing.

Freeman said the chain of custody should be established before the expert performs the analysis so as not to waste state resources, to which DeMoss agreed.

Wilson said he would withhold ruling on the motion until the chain had been established, but was unsure if they would be able to hold another hearing before the case is scheduled to go to trial on Jan. 10.

Email Carter Walker at cwalker@timeswv.com and follow him on Twitter at @carterw284.

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