Day In Court
Rodney Mark Workman
Feb. 19 2020
 


2011                                                                2012

Rodney Mark Workman stands charged with threatening to kill Prosecutor Jim Samples and his family last Summer. Mr Workman had his day in Court on Feb. 19th.  The whole deal took around 6 hours including jury deliberations. Pretty interesting to watch from the peanut gallery! Let's get started.
Principal players:
Zipped up in his black robe, Judge Jack Alsop
   Because he was  the subject (victim) of the case, Prosecutor Jim Samples was recused out. Representing the state was Michael Cox a  prosecutor from over in Nicholas County.
   Workman was clad in a checkered shirt and jeans. He seemed to be at ease and paid close attention to the proceedings
   Representing Workman was our senior barrister, Wayne King, the Waynster.
   Other than Badges keeping things in order, only one member of the public was on hand to watch the proceedings.
  With all that behind us, Judge Alsop got things running exactly at 9am. Every pew was full of potential jurors. Clerk Mike Asbury spun the Bingo wheel to determine who got the nod to serve as jurors. Selection went smooth with no juror saying they had heard anything about the case.  During selection it seemed like everyone on the panel was related to someone else there or to Workman. All said they could be impartial except one guy ho has worked as a Badge. That feller said he had a bias in favor of law enforcement.
  Back last Summer The Communicator ran a front page above the fold article on the arrest. We know not everyone reads this paper but not one admitting to hearing about the case?
   By 9:45, the striking was complete and the 10 female and 2 male jury was seated and sworn in. The panel looked like a picture of West Virginia, young, old, bearded, short haired, and some pudgy.
  The Robe went thru a long spiel explaining the case and what's expected of the jury.
  With the jury in the backroom, Wayne King worked the case seeking a motion to keep evidence away from the jury. Central to his request were taped jail house conversations (detrimental)  between Workman and family members. Alsop brought to light that the Prosecutor Cox sought those tapes after the deadline for submitting (discovery).  At issue were 41 of the conversations with 4 recordings with big emphasis on the case.  Cox said that those four conversations were important because Workman tried to get his family members to provide false information.
  The Waynester got all fired up during his speech. His strong effort to eliminate the damning info moved the Judge to the front of his seat with , "YOU heard my rules!"
  We couldn't understand what the Judge had decided but can tell ya, the taped conversations were not introduced into evidence and not mentioned again. That may have been a win for Mr King.
   Dressed in his gray suit, Michael Cox's opening statement was clean, simple, direct. Stuff like:  Samples prosecuted a Workman case in 2017; Workman was sent to the slammer; when he got out in 2019, Workman was mad at Samples for taking two years from his life (in jail); and, Workman's Mother and sister heard Mark Workman make the threats against Samples.
  Wayne also provided opening remarks. Stuff like: You're going to hear a wild story... Blah blah Blah... No threats were made. Somewhere in the mix, Wayne got into the old 2017 case but was stopped by the Robe. Something about, "Were' not going to try that old case again!...MOVE IN" . King wasn't heeding the Court and continued with:  Samples was NOT aware of the threats [case]!!!! He didn't know ANYTHING!  Alsop was very firm with King but it was like water off a duck's back.
  First witness was Green Shirt F Raynor who explained he had received the information from the Circuit Clerk's office ; the threats were made  at Mark's Mother's home; and it was Raynor who arrested the defendant.
 
 


2017
 

   Jim Samples is normally the guy asking questions. This time around, it was Samples on the witness stand. For those that have attended court session, professional witnesses know to look at the jury when providing answers. Samples did just that. Looks dumb but that's how it's done by people like expert witnesses.
  Samples  gave some history on this case . Something along the lines of, in 2017, Mark Workman was acquitted on something but had to serve time on another charge. Mr Samples  mentioned the threats to his wife and family and said the green shirts were notified immediately.
  Mr King tried to reduce the damage with stuff like: You had no personal conversations with Workman! Your family had no conversations! There were no threats to any Grand Jury member!! And, there were no threats to the Judge!!! Samples agreed with the Waynesters assessments.
  Somewhere in there, King got back on the old 2017 case and got reamed out by Alsop again.
  Let's stop here for a second readers. With Samples and family living in this county and housed near a main road, this is serious business. he could easily be picked off without much effort. It wouldn't be a first time an elected Prosecutor was shot.
  Back 50 years ago, Pocahantas County had a Prosecutor out riding on his tractor when a peed off bad guy used a hunting rifle and ripped off the guy's arm. All gone!
  OK, back to this case.
   Mr Cox called Mark's Mother to testify. Tall, thin, with straight hair, Darlene Workman made it clear, she didn't want to be and she didn't want to testify against her son. She did say the threat was made on her back porch but could not remember the "threatening" part. She also advised, her son wanted her to "fix it".
  Fix it? We think that means, Mark was asking the Mom to lie on the stand.
  Wayne King had no questions for this witness.
  At 10:43am. Prosecutor Cox called a Sabrina Morton to the stand. That's Mark Workman's sister. A tall, trim with long hair, Sabrina appeared poised until she sat down. At the mention of Mark's name she fell apart, tears went everywhere. She too said, she did not want to be there that, "I just want him to get help." From Ms Morton: I too was a drug user. I used a lot.... I want to help him... In June, he kind of lost it... He had been fighting with someone [that day, before hand] ...
  With the jury staring intently, Sabrina continued : He turned on us... He wanted to burn down the house with people in it ... He said he wanted to take from Jim  what he loves the most.
  She said that her Mother was also on the porch during this time.
  For the defense, Wayne asked just one question: Was he mad? Response from Ms Morton, Yes
  That is it readers. No documents as evidence. None of taped recordings. Nothing else
  Around 10:54, the jury was sent out the Court room while the Waynester tried to get the whole enchilada tossed from Court. Dealing with his flimsy hand, he said the two witnesses never mentioned Jim Samples, that they had only referenced the name "Jim".  He said no one got killed and those words weren't  part of the testimony either! Flimsy at best but that about all he had to work worth. King, "This case is total speculation!!!!
  King knows you can't argue and win with a Judge. But, he was at it again with Jack Alsop who corrected the white headed attorney with: you don't have to use the word "kill" to be a threat.
  King rested his case without calling Rodney Mark Workman to the stand. That ws it. By 11:05, all evidence was before the jury.
  After a 20 minute spiel from the Robe on what's expected of the jury, closing remarks came from Cox.
  His highlights were: Workman did it; his Mother and sister said as much; this intimation and retaliation happened in County Clay;  the threat was against Jim Samples and his family;  Samples had incarcerated Workman and he was mad; 2 years in jail;  Workman wanted revenge; there is no question of the threat; consider the testimony, they [Mom and sister] had a duty to testify.
  Wayne King's closing remarks included: He gets mad very time the wawa goes off when he's in the shower;  It doesn't matter what Sabrina  thought Mark was thinking; Mark never told Jim Samples anything;  the Mother said 'He' took two years of life but never said who 'He' was;   Rodney Mark Workman was mad that day but never said he was going to kill anybody!; it was the Judge that put Workman in the slammer not Samples;  I get mad at people all the time!; You have to find him not guilty; there is reasonable doubt.
  Both closing statements took less than 15 minutes total.
 Two hours and thirty five minutes after getting under way, the jury retired to their room to decide Mr Workman's fate.
 A note please. This ain't Wayne King's first rodeo. Notice he closed with, Workman didn't threaten to kill anyone! Sounds pretty good, a good sound bite, but the crime statute doesn't say you have to kill someone.. instead, the threat of such is enough to get you locked up. Again, King was dealing with a pretty flimsy hand and doin t he best he could for his court appointed client.
  Wait Wait Wait... Wayne put his head down on the table as did Workman. The Prosecutor walked around. Finally, at 2:56, the knocks on t he door came from the jury room.
   The female jury foreman attested, we can't arrive at a verdict. Alsop asked if there was ANY chance of a verdict. From the lady, Honesty, No. She looked down at a juror seated in front of her but said nothing more.
  Judge Alsop declared a mistrial.  The jury was dismissed.
  Is it over??????????????????? But wait there's more!!!
  As the jurors were filing out, Prosecutor Cox tried to get them back in the room as he was about to go up front. Alsop said no way Jose. Cox told the Robe, one the jurors stood up and smiled at Mark Workman while leaving.
  With the jurors out of the room, Wayne asked the Court to reduce Workman's $50K cash bond requirement . No came from Judge Jack Alsop.
  Bond? Yelp. Workman will remain in CRJ until his trial is held again. That means Mr Workman has been in the slammer since June 2019 and will remain there at $48.25 per day. When you add it up,  that's around $9000 from county coffers. Also, even if found guilty or not guilty during the next trial, with so many months under his belt, Rodney Mark Workman may have already served his sentence!
  Just another day in Court.


2019

AW