Saturday, September 29, 2007

Logan Shane Goodall Alleged Abuser's Trial Repeatedly Delayed


At long last, the trial of Michael Kent Merrifield, the 31-year-old boyfriend of Logan Shane Goodall's mother Pepper Dawn Eren, has been set for January 7, 2008.

Merrifield has been charged with first-degree murder, first-degree sexual assault, sexual abuse by a parent or guardian and child neglect by a guardian or parent resulting in death.

That doesn't really give a thorough picture of what happened in this case, though.

Logan Shane Goodall was two years old in 2005, when he was murdered after having been systematically tortured and raped. According to the Medical Examiner, little Logan's buttocks and feet had been burned by someone dipping him into either boiling water or chemicals. He had also been sexually assaulted by pinching of his penis. His rectum had been sexually violated, and his scrotum had been either cut, bitten, or torn. Eventually little Logan was either kicked, punched or beaten so severely that his liver ruptured. He also suffered head injuries from that severe beating, and both injuries were serious enough to cause his death.

As if that's not shocking enough, Merrifield's parents John and Diane - John Merrifield is a Dunbar physician and one-time "Doctor of the Year", no less - have been indicted for gross negligence resulting in death. Dr. Merrifield was additionally indicted on two counts of treating Logan for serious wounds resulting from abuse (the burns and scrotum injury), and failing to report the abuse to authorities.

Diane Merrifield was charged because she allegedly lied to authorities when asked about the case. She allegedly claimed that she did not know Logan or his mother, and that her son lived out of state.

The trials of Dr. John Merrifield and his wife, Diane, are currently scheduled for November 5, 2007 in Kanawha County.

Pepper Dawn Eren, Logan's mother, stated that she believed Michael Merrifield when he told her Logan’s injuries - including bruises, burns, and a severe wound on his scrotum - were the result of accidents. She said she also relied on information from her longtime family doctor, none other than Dr. Merrifield, when he told her Logan’s injuries were accidental and not serious. Eren pleaded guilty and is serving one to ten years in prison for child neglect causing injury. Her first parole bid was denied. Additionally other members of the Eren family were allegedly told by Dr. Merrifield that the injuries were accidental and not the result of abuse, which is why none of them reported suspected abuse to authorities.

Don't hold your breath for a January trial in the Michael Merrifield case, though. Merrifield, who was arrested in September 2005, has been awaiting trial for years, with delay after delay. He has repeatedly fired his attorneys, he has claimed unfair treatment and moved the court to transfer him to the jail in Charleston, among other things. At present, the delay is due to the unavailability of an expert witness for the defense, and Merrifield's attorney made a motion for change of venue, arguing that pretrial publicity will make it impossible for Merrifield to get a fair trial in Putnam County.

Merrifield might actually have a point this time, given that Putnam County is a tight-knit community and there is an active "Justice For Logan" contingent in that community. Another problem is that the case is now known statewide (and, in some cases, nationwide) since Logan's Law, formally known as the WV Child Protection Act of 2006, was enacted as a result of what happened to little Logan.

However, it is not the fault of the state of West Virginia that Merrifield repeatedly delayed his own trial for two years. Had he gone to trial within a normal timeframe, most potential jurors would be generally unfamiliar with the case. Of course, on the other hand this is a complicated case, complicated even further since one of Logan's grandparents is a registered sex offender, and like all defendants Merrifield should be permitted to defend himself to the best of his ability against the charges.

However, it is said that justice delayed is justice denied, and Michael Merrifield has had two years to prepare his defense. The judge should transfer the case to another county, in an abundance of caution, and it should proceed to trial quickly. It is far better to err on the side of caution in this case, given that if he is convicted, an appellate court may decide that pretrial publicity did indeed cause Merrifield to not get a fair trial. If that happens the trial will have to be held yet again, at great additional and unnecessary expense to taxpayers.

In the meantime, Michael Kent Merrifield remains held without bond at the Western Regional Detention Center in Barboursville. He is of course assumed innocent until proven guilty, as are all accused.