By: Lydia Crawley
The Parsons Advocate
The 34 count fraud indictment case against Clayton Mallow is set to go to trial in December. The development was part of a hearing that was set to involve a possible plea agreement on July 22nd. Mallow appeared in court before Judge Courrier along with his attorney James Fox. Tucker County Prosecuting Attorney Savannah Hull Wilkins represented the prosecution in the case.
There was a motion to exclude character evidence before Judge Courrier from a hearing on May 15th. In the motion, the defense sought to have character evidence pertaining to Mallow excluded. In his ruling, Judge Courrier ruled to exclude the evidence, but that it could be included if Mallow claims up a lack of motive during testimony. During his ruling, Judge Courrier agreed with the Defense that the evidence could qualify as unfair prejudice.
Attorney Fox acknowledged that there had been plea negotiations, but rejected the offer set forth by Wilkins and the State and instead sought a trial date. Judge Courrier set a trial date in the case for December with pretrial motions to be heard in November.
Wilkins said that the plea negotiations are ongoing. “We have been going back and forth pretty consistently,” Wilkins said.