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Man convicted of intercourse crimes walks free as a result of ‘deadly flaws’ in grand jury transcript

The judge said prosecutors ruined the case from day one.

by: Stephanie Grindley

Posted: Apr 15, 2021 / 12:44 PM EDTUpdated: April 15, 2021 / 12:44 p.m. EDT

MARSHALL COUNTY, WV (WTRF) – Michael Daniel Bowman, who served 50 to 200 years on child sex crimes, left the Marshall County Courthouse a free man on Wednesday.

BREAKING NEWS – Judge Hummel moves that Michael Daniel Bowman be dismissed with prejudice
“You will not be a registered sex offender.” “I don’t know who will reimburse your $ 35,000.” After 3.5 years in prison, Bowman leaves for FREE today @ WTRF7News

– Stephanie Grindley (@StephyDawgG) April 14, 2021

Mr. Bowman has just been released. Its indictment has just been dismissed with prejudice, meaning it cannot come back at that point until an investigation into other charges from the Marshall County’s tenure is due in July 2015.

Joseph Canestraro, Marshall County Man prosecutor convicted of sex crimes, seeks release. The Marshall County judge says there is a reason for the dismissal

Marshall County Judge David Hummel Jr. was forced to rule this way after hearing the court-ordered record of the grand jury in 2015. Judge Hummel says it was the fatal mistake and misstep of the first day.

The prosecutor did not instruct the grand jury what the law was.

Judge David Hummel, Marshall County

How can you determine the likely cause if these terms haven’t been defined for you?

DAY 2 CASE REOPENED BY MICHAEL DANIEL BOWMAN – Judge David Hummel: “The Grand Jury is not the prosecutor’s puppet.”
The judge says the grand jury was not properly prepared. Convicted of sex crimes, this man could be released with or without prejudice.

– Stephanie Grindley (@StephyDawgG) April 14, 2021

Even the current prosecutor backed the judge’s decision on Wednesday.

I can tell you that this is not my office practice. not to give legal instructions to the law.

Joseph Canestraro, Marshall County District Attorney

Judge Hummel ruled that former prosecutor Rhonda Wade did not shield the July 2015 grand jury from bias. The judge referred to a dialogue that was transcribed between Wade and then investigator Tom Westfall. On Wednesday, the current prosecutor admitted that Wade’s 2015 instruction was “inappropriate”.

Now, after 3.5 years in prison, Bowman is somehow being reimbursed for his $ 35,000 defense bills.

“If I don’t protect his rights, I’m not protecting anyone’s rights,” said Judge Hummel.

The judge said that this judgment not only opens a can of worms, but also opens Pandora’s box.

Canestraro has just taken office and is now responsible for investigating all other charges from that term.

If it turns out that there were widespread serious shortcomings in other cases in 2015, Bowman’s case remains unbiased. This means that the case cannot be reopened. But Canestraro adds, “If he finds something else, we may be able to bring it back and indict him again.”

Dismissing with prejudice during the review means Bowman will not be registered as a sex offender.

Prosecutors have to do some major digs before Bowman can be tried again.

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