Time’s Up For A New Trial?
Motion filed to dismiss retrial Dobrzynski caseBy ANNIE DIMMICK
MOUNDSVILLE - It's been more than two years since Robert C. Dobrzynski was granted a new trial in a Marshall County sexual assault case - but he hasn't gotten one yet.
Now, attorneys for the man accused of sexually assaulting his then-wife, Katrina, in 2002 want the case dismissed.
According to court documents, attorneys David White and Robert McCoid have filed a motion to dismiss Dobrzynski's case. A hearing on the matter has been scheduled for 10:30 a.m. May 14 before Marshall County Circuit Judge Mark A. Karl.
"The motion speaks for itself," was all White would say on the matter. "It is what it is."
In October 2005, Dobrzynski was convicted on four counts of second-degree sexual assault following a two-day trial, which included the showing of a videotape in which the alleged assault took place. During the trial, one witness, John Varner, testified he had been given the damaged tape by Katrina for repair, and that he removed 6 feet of damaged tape in the process. While Katrina testified she did not alter the tape, Dobrzynski testified that a portion of what had been taped that night was missing and that he later destroyed the tape at her request. In March 2006, he was given an effective sentence of 20 to 50 years in prison and the court granted a post-conviction bond pending his appeal.
However, later that year, Varner sent another videotape to Dobrzynski's then-trial attorney Heather Wood, telling West Virginia State Police that the tape he returned to Katrina was not the tape shown in court. According to court documents, this new video included the two engaging in consensual sex on what may be the night in question, and then goes on to show what the jury saw in court. Based on this evidence, Karl vacated Dobrzynski's conviction and granted a new trial in March 2007. He also ordered an investigation of Katrina Dobrzynski and John Varner.
No other information regarding those investigations was available from Marshall County Circuit Court.
In a statement to West Virginia State Police, Katrina claimed she had made a copy of the tape after it had been repaired but accidentally destroyed the original and turned the copy over to the state.
She also told police the copy was of the entire tape given to her by Varner. She also has denied that the footage on the new video was filmed on the same night as the alleged assault.
Karl later appointed special prosecutor Brent Wolfingbarger of Pleasants County, W.Va., to the case, as Prosecutor Jeff Cramer had a conflict of interest with Katrina being investigated.
Both White and McCoid say that since four terms of court have passed since the new trial was granted, the case should be dismissed under W.Va. Code 62-3-21, which states: "Every person charged by presentment or indictment with a felony or misdemeanor, and remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him, without a trial ... "
Wolfingbarger did not return calls seeking comment.
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newgrandma
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05-09-09 6:15 PM
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trying again...***********charlied.info or search for Charlie D. It should come right up.
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newgrandma
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05-09-09 6:12 PM
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***********charlied.info/
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Mom2Four
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05-08-09 10:00 PM
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So, they videotaped themselves then shared it with a friend who became a star witness? Remind me to decline the next time a friend wants to share their sex tape with me!
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acousticportal
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05-08-09 1:48 PM
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I never understood the need to video ones' self having sex. Apparently this was a common practice between the two in this story. It is confusing with the missing pieces and accidently destroyed original and all.
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GreenGrass
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05-08-09 8:40 AM
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Confusing....
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