Maroney pre-trial hearing postponed
Maroney wants media removed from courtroom
MOUNDSVILLE — The bond and pretrial hearing for West Virginia Sen. Michael Maroney on charges of indecent exposure and driving under the influence was stayed Wednesday after Maroney’s defense lawyer appealed Marshall County Magistrate Zachary Allman’s decision to allow media in the courtroom.
Allman permitted members of the media in the courtroom for Wednesday’s scheduled hearing based on West Virginia Trial Court Rule 8.02, “Procedure to Obtain Permission.” The rule allows the presiding officer, based upon requests made by a party or any other person at least one day in advance of the proceedings, to decide whether to allow camera and/or audio coverage of proceedings in and around the courtroom in a given case.
Per rule 8.02, a party, witness or counsel may object to such coverage of any case or of any portion of the proceedings, and the presiding officer shall rule upon such an objection.
Maroney objected to the media presence in the courtroom.
Defense attorney Harry Moore asked for Allman’s decision to allow media in the courtroom to be appealed to the circuit court and the proceedings for Wednesday’s hearing to be stayed. Allman granted Moore’s appeal.
The case will remain stayed until a circuit court judge decides whether media is allowed in the Marshall County magistrate courtroom.
“The next step is for a circuit judge to make a ruling on the appeal whether the media is allowed to be present in the courtroom,” Marshall County Prosecuting Attorney Joe Canestraro said Wednesday. “Once that decision is made, we will reset in the same posture as we were today.”
Moore has up to 20 days to file the appeal. Canestraro estimated that a decision would be made by the circuit court “quickly” once the appeal was filed. No new date had been set for the pretrial hearing as of Wednesday.
Maroney faces a charge of indecent exposure for an Aug. 4 incident in which he allegedly was seen committing an “overt act of sexual gratification” on closed circuit cameras at the Gumby’s in Glen Dale.
Two employees allegedly saw Maroney commit the act in the establishment’s video lottery room.
Maroney denied the allegations to Glen Dale Police Chief Ed Vogler. After Maroney left the establishment, the employees showed Vogler surveillance video of Maroney allegedly touching himself.
Maroney was arrested on Aug. 13 for the incident.
The driving under the influence charge stems from a Sept. 23 incident in which Maroney was pulled over by McMechen police after he allegedly committed “numerous traffic infractions,” according to a news release from McMechen Police Chief Robert Shilling.
After the roadside investigation, Shilling said Maroney was arrested on suspicion of driving under the influence.
Following his initial arrest, Senate President Craig Blair, R-Berkeley, removed Maroney as chairman of the Senate Committee on Health and Human Resources.
Blair also relieved him of all other committee responsibilities to “give him appropriate time to dedicate to his personal issues.”
Maroney, a Marshall County Republican, was first elected to his state Senate seat in 2016 and reelected in 2020.
He was defeated in the 2024 primary by Monongalia County resident Chris Rose. His current term will end Dec. 31.