3047928589 Fes IN THE MAGISTRATE COURT OF LOGAN COUNTY, WEST VIRGINIA, STATE OF WEST VIRGINIA, vs. CASE NO. 23-M23F-4 TH “thANTED MICHAEL CLINE, DENIED Defendant, DEFENDANT'S MOTION TO REDUCE B DATE ‘Only in the age of Facebook and social media can a scorned, dng ex-girlfriend persuade the West Virginia State Police and Logan County Prosecuting Attomey's Office to charge and prosecute defendant for sexual assault. In fact, this case would nover have been brought before the age of Facebook and social media. The defendant, who owned and operated “Hot Cup” in Logan, West Virginia ~a very popular spot at one time, | previously datedf{l, a consenting female, from approximately 2015 to 2019. This relationship ended on bad terms. Another three (3) years pass. @HIB then tums to social media, clearly secking attention, and informs the entire world that she was repeatedly sexually assaulted by the defendant. (MMM attontion secking behavior worked because her post apparently spread like wildfire wherein hundreds of people, including those with significant political influence within Logan County, complemented her bravery for coming forward; ‘advised how proud they were of her; ete, As a result of this social media banter, the West Virginia ‘State Police commenced an investigation which included the execution of search warrants, ‘Additionally, the Logan County Prosecuting Attomey's Office “encouraged” others who “Gy allegedly sexually assaulted by the defendant to come forward (because apparently most victims $2€> ‘a crime must be reminded to call and report the crime to the police). This criminal charge agains 3 ADB3047978588 02:30:17 pm, 02-22-2023 proves the famous quote, “Hell hath no fury like a woman scorned" (Wm, Congreve’s play, The Mourning Bride (1697). ‘Upon encouraging others to come forward, a person identified as [MMM advised that the defendant sexually assaulted her while the defendant was employed atthe Rita Mall between March, 2001 and June, 2001 ~ or almost twenty-two (22) years ago. Additionally, a person identified asf (@ aivised that he/she had sent the defendant a “sexual type” photo on or about November 9, 2018. The defendant was then arrested in the above cases and Dwight Williamson, Logan County Magistrate, set the defendant's bond in the amount of $500,000 cash only, at the request of the Logan County Prosecuting Attomey. See the attached article from The Logan Banner. To put this in perspective, the 2020 median household income in Logan County, West Virginia was $36,250, Accordingly, the bail set in this case is approximately fourteen (14) times the median houschold income for this County and, by all accounts, violates the excessive bail provisions found in Article 3, Section 5 of the W.Va. Constitution and the 8* Amendment to the U.S. Constitution. Also sec Ghiz-v-Fohnson, 183 S.E. 24.703 (W.Va. 1971). ‘The defendant further submits as follows: 1. The defendantis forty-seven (47) years of age and, upon information and belief, has no prior criminal convictions or history. ef 2, The defendant is liferesident of southern West Virginia (either Logan County oF Mingo County). 3. Hisimmediate family (aunts, uncles, mother, etc.) are all residents of southern West Virginia 4, His friends, assuming the defendant has any loft after his name was smeared all over social modia, are residents of southern West Virginia 5. That the West Virginia State Police executed a search warrant at the defendant's business approximately two (2) weeks ago (thus, the defendant was well aware the State was conducting an 3163047928589 02:30:40 pum, 02-22-2023 investigation), Despite this knowledge, the defendant remained in Logan County and peacefully surrendered to the police upon being advised a warrant for this arrest was issued, Accordingly, all evidence suggests the defendant is not a flight risk and will appear for any proceeding scheduled herein, 6. As farther evidence the defendant is not a flight risk, the defendant has enclosed Leet a comments from various courthouse employee(s) indicating “they found him from my understanding” and debunking any rumors the defendant fled to Mexico. Interestingly, rumors that the defendant will “probably get out fast” were debunked because “they'll set a pretty high bond”. The fact others know the bond will be set “pretty high” and know of the defendant's whereabouts is to say the least, unusual, te ‘The charges, at best, are seemingly very suspect. Specifically, thealleged crime against involved two consenting adults who dated for four (4) years; the crime against. is, quite frankly, unbelievable (the fact the State waited twenty-two years to bring such crimes speaks volumes, however, there were a whole host of social media participants to please); and the crime against@®, @is, likewise suspect (specifically, the police investi ted this crime in 2020, however, charges ‘were never filed. Rather, the State waited and brought these charges in response to social media banter). 8. Unfortunately, social media, public perception, and POLITICS has controlled this case and the State’s action from the beginning ~ all of which are irrelevant when determining the structure ofa reasonable bond. ‘9, Byeryone, including the defendant, deserves the criminal process to be applied fairly, impartially and free from undue influence. hat has not happened in this case. i | |3087920589 02:31:01 pm. 02-22-2028 WHEREFORE, the defendant prays this court grants the said Motion and lower this bond to a reasonable amount, with suitable restrictions, in conformity with the above deseribed factual situation in this case. MICHAEL CLINE, By Counsel (s/ Matthew M. Hatfield MATTHEW M. HATFIELD (WVSB #8710) Hatfield & Hatfield, PLLC 221 State Street, Suite 101 Post Office Box 598 Madison, West Virginia 25130 Counsel for Defendant es 516