Hearings in two high-profile cases were held in Marshall County Circuit Court on Friday.

Benwood Councilman Charles Terry and convicted baby-dangler David Dale both made appearances before Judge Mark A. Karl seeking rulings in their cases.

In Terry's case, Karl denied a request for a special prosecutor filed by Terry's attorney, Herman Lantz. Lantz filed the motion in August, claiming four conflicts of interest exist in Terry's case. In the motion, Lantz states that because Benwood City Attorney Eric Gordon is also a Marshall County assistant prosecutor, a conflict of interest has arisen. The motion also cites a letter to the editor that Terry wrote to The Intelligencer in 2005 in which Lantz said Terry "openly criticized the newly appointed Marshall County Prosecuting Attorney, Jeffrey Cramer." In addition, the motion claims that because Terry serves on the Benwood Police Committee, he is in a quasi supervisory position over Cramer's uncle, Benwood Police Officer Glenn Cramer.

Jeff Cramer, however, responded that those matters have no bearing on the case, and Karl agreed with Cramer's response.

Terry, 70, was arrested Sept. 16, 2008, after allegedly firing a 12-gauge shotgun at a truck owned by his neighbor, David Davies, following a dispute. According to the police report, Davies cut down a tree branch hanging over his property. The tree was on Terry's property.

Following the judge's decision, Terry waived his right to a speedy trial and agreed to have his case bound over to the November term of court. His next court appearance is scheduled for 10 a.m. Nov. 12.

In Dale's case, Karl acknowledged that Dale had, on Oct. 9, filed a motion to withdraw a guilty plea to a felony charge of child neglect creating the risk of injury, which was entered Oct. 6. However, Dale's attorney, Jeremiah Gardner, told the judge his client no longer wished to pursue that motion and Karl remanded Dale to the Division of Corrections side of the Northern Regional Jail.

Dale was indicted in March after a January incident in which witnesses reported seeing the man hold a baby out of a Simmons Apartment Complex window. Moundsville police Cpl. Steven Kosek said three witnesses told officers that Dale allegedly held his wife's 6-month-old daughter out of the window, asking them if they wanted the "cute baby." Kosek said Dale registered a blood-alcohol content of 0.128 percent about one hour after the alleged incident.

Dale is serving one to five years in prison, with credit for three months already served. After serving a total of nine months, Dale can file a Rule 35 motion for modification of sentence and, if the motion is granted, his original sentence would be suspended and he would be placed on two years supervised probation. He also must register with the West Virginia Child Abuse and Neglect Registry, Karl ordered.