Iraq vet’s statement questioned in court

DAVE MOSIER/independent editor

A U.S. Army veteran of Iraq charged with using a computer to commit sex crimes aimed at juveniles was declared competent to stand trial on a six-count indictment returned back in May 2010.

Van Wert Common Pleas Judge Charles D. Steele found Cody Markward competent to stand trial on three counts of disseminating matter harmful to juveniles, all felonies of the fourth degree; one count of disseminating material harmful to juveniles, a fifth-degree felony; and two counts of importuning, both fifth-degree felonies.

The indictment accuses Markward of three counts of sending harmful materials to a juvenile who was 12 years old at the time in March and May 2010, and also of sending harmful materials to a juvenile who was 15 years old at the time, from January-June, 2010.

The importuning charges stem from Markward’s allegedly using an unnamed telecommunication device to solicit sex from a juvenile who was older than 13, but younger than 16, during a period from January 1-June 22, 2010.

Markward’s attorney, William Kluge of Lima, had sought to have his client found incompetent to stand trial, but an examination by Court Diagnostics of Toledo and an additional exam requested by Kluge that was held in Columbus both determined that Markward was competent to stand trial.

On Thursday, Judge Steele also held a hearing on a motion filed by Kluge to throw out a confession Markward made while in Iraq when questioned by an agent in the Army’s Criminal Investigation Command.

Kluge questioned Special Agent Melissa Taggart about the nature of an interview she conducted with Markward while both were in Mosul, Iraq, which led to the charges later filed against Markward in the local court.

Taggart explained how the interview was held under direct questioning by County Prosecutor Charles F. Kennedy III and then was cross-examined by Kluge, who attempted to infer that Markward was led to believe that he had to answer questions posed by Taggart without seeking the advice of an attorney.

Taggart said that was not the case and that Markward was read his rights, which included his right to an attorney, before she questioned the local man.

Judge Steele said he would rule on the motion to suppress today. A trial has been scheduled for April 4-6 in connection with the charges against Markward.

Also Thursday, Donald J. Coleman, 21, of Dayton, was sentenced to three years of community control on a charge of possession of drugs. Assistant Prosecutor Martin Burchfield stated that Coleman and another person knew what they were doing when they transported drugs from Dayton to Van Wert.

“He knew why he was coming here,” Burchfield said, adding, “The whole purpose was the bringing of drugs from Dayton to Van Wert.”

Dayton is where most of the heroin sold in Van Wert comes from, according to city police.

As part of his sentence, Coleman must spend up to six months in the Western Ohio Regional Treatment and Habilitation (WORTH) Center in Lima.