Nathan Cunningham hearing held at magistrate court
A Wood County man arrested on a felony count of sexual abuse appeared in magistrate court.
PARKERSBURG, W.Va. (WTAP) - Nathan Cunningham -- a Wood County Schools educator -- appeared at magistrate court for a hearing involving his case.
Cunningham’s attorney, George Cosenza asked for the court to have the minor who made the claims to testify. Cosenza filed a subpoena to have the recording of the interview between the child advocacy center and the child involved.
The state asked for the subpoena to be nullified and asked for the child to not testify citing undue burden.
Magistrate court judge, Joe Kuhl ruled in favor of the state for the child to not testify.
“I think it’s pretty clear from the past cases that the undue burden is the fact that the child has to testify over and over again. Whether it’s by closed circuit T.V. or in person. It puts a mental strain on that child,” says Kuhl. “Which would be in my estimation an undue burden.”
Kuhl also ruled to nullify the subpoena as the recording has yet to be unsealed by the circuit clerk. Cosenza is asking for the court to continue this hearing on the subpoena until the opportunity to proceed with a writ of prohibition in circuit court.
We will continue coverage on this case as it continues.
For previous coverage on Cunningham, you can click the link below:
Copyright 2023 WTAP. All rights reserved.