POMEROY — In a motion hearing Friday morning in the Jacque Daboni case, Meigs County Prosecuting Attorney Colleen Williams said the state wants to withdraw its motion to revoke the defendant’s $1 million bond.
On Wednesday, Jeremy Fisher, assistant Meigs County prosecuting attorney, said the state wanted to revoke Daboni’s bond after having just received information from the Secret Service that Daboni had allegedly threatened an unknown person sometime between Sept. 28-29. Fisher said the state had a police officer willing to testify. Daboni’s bond was originally set in late June or early July.
This information became available after a mistrial requested by the defendant was approved Wednesday and the jury was dismissed.
On Friday morning, Williams said the state wished to withdraw its motion to revoke bond because they had not been able to substantiate the claims of a threat in the two-day period, and would need more time to substantiate the claims made. Jason Holdren, an attorney from Gallipolis, was appointed as Daboni’s counsel on Wednesday and spoke on behalf of his client during Friday’s hearing.
Before Holdren was appointed, Daboni’s most recent lawyer was fired Friday, when Byron Lee Potts’ office in Columbus received a phone call from Daboni’s sister at 1:40 p.m. Oct. 9. The sister allegedly told Potts that Daboni had terminated his services. Carson also revealed that Daboni had two prior attorneys whose services he had also terminated. His previous attorneys are listed as Stephen Paul Ames, of Gahanna, and Kerry Robert Toy, of Athens.
Holdren said he and his client had no issue with the state’s request to withdraw their motion to revoke Daboni’s bond.
He added that he wanted to make sure that his client received a fair and impartial jury at his trial. Judge Carson Crow said he understood Holdren’s concerns.
Holdren also spoke about concerns that his client was not getting the pain medication he was prescribed by Holzer Medical Center after he fell last Tuesday afternoon and was transported to a medical facility, postponing his trial to Oct. 14.
Williams privately spoke with Maj. Scott Trusell, who then told Crow that he had spoken with Middleport Police Chief Mony Wood, who said he didn’t know about the medication, but that it could be procured. Crow said that with regard to medication in the past, protocol has always been followed and he knows with this update it will continue to be, meaning that Daboni will receive his prescription Ibuprofen.
Holdren had also raised concerns about his client not receiving regular use of the phones within the Middleport Jail, and Trussell said that because of Daboni’s injury he is in a detox area away from the general population where a phone is located. He said that when Daboni needs to make a call, a guard will come and get him and take him to the phone, with deputies helping him in making calls, so it’s all about whether or not there’s enough manpower at the time Daboni wishes to make a call.
The judge said that while he doesn’t like setting dates in stone, Daboni’s new trial is set for Monday, Nov. 16.
Daboni is currently facing 12 felony charges, according to Fisher. Daboni faces seven counts of fifth-degree felony trafficking, one count of fourth-degree felony trafficking, one count of second-degree felony trafficking, one count of first-degree felony trafficking, one count of second-degree felony engaging a pattern of corrupt behavior, and one count of first-degree felony engaging a pattern of corrupt behavior. Three of the trafficking charges in the fifth degree mention heroin, with the rest of the trafficking charges listed simply as “trafficking,” according to court documents.
Reach Lindsay Kriz at 740-992-2155 EXT. 2555.