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Motion to dismiss is overruled

October 19, 2013
By ROBERT A. DEFRANK - Times Leader Staff Writer , Times Leader

ST. CLAIRSVILLE Roger A. Runner, 47, 507 Clinton St., Martins Ferry, saw his motion for suppression and dismissal of his charge of possession of drug paraphernalia overruled when he appeared before Common Pleas Court Judge John M. Solovan II.

Martins Ferry Patrolman Chad Kuhn was called to the stand. He testified that on the evening of June 5 he was alerted that apparent drug paraphernalia had been found at an individual's residence. It was believed that the individual was visiting Runner's residence. Kuhn said he went to 507 Clinton St. and while standing in a public alley observed the individual sitting down and Runner giving her what looked like a smoking device for illegal drugs.

After she left, she was interviewed by police and stated that Runner and two others were involved in the manufacture of methamphetamines. A warrant was obtained and a raid was conducted. BCI & I was called in due to the volatile nature of the chemicals involved.

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T-L Photo/ ROBERT A. DEFRANK
Roger Runner saw his motion to suppress and dismiss the drug charges against him overruled during a hearing before Judge John M. Solovan II.

Kuhn noted the seizure of fuel and chemicals from large quantities of items that could be used in the manufacturing of the drug.

Under cross-examination, Kuhn admitted that all of the items had innocent household uses as well as the potential for the manufacture of methamphetamines.

Defense also argued that the warrant was too general and did not adequately specify the objects of the search.

Kuhn said there were several different ways to manufacture the drug and the precise method was not known at the time the warrant was made out.

Defense also noted that Kuhn was 45 feet away at the time of his observation and no smoking device was found during the raid.

Runner is charged with illegal possession of chemicals for the manufacturing of dangerous drugs. He maintains that he played no part in the manufacturing process. Defense also argued that Runner did not have possession of the ingredients and said the other individuals did.

The individual who visited Runner was called to the stand and testified that she was told methamphetamines were being manufactured on the premises during her visit. She also admitted to using the drug while at the residence.

Solovan noted that he had the testimony of an officer who witnessed suspicious activity while observing from a legal vantage point. He later confirmed that the crime occurred. Solovan noted a witness testified Runner had knowledge the manufacturing process was ongoing. He also judged that the warrant was sufficient to cover the items searched for.

"The items seized in this case all pertain to the possible crimes that were being alleged were committed," he said.

DeFrank can be reached at rdefrank@timesleaderonline.com

 
 

 

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