Charge dismissed in Lewis missing women case

In the cold case, David Martin Hughes, 59, of Archbold, Ohio, had pleaded guilty in February 2014 to a count of misdemeanor conspiracy to commit robbery in the case of missing women Maxine Stalnaker, 69, and her daughter, Mary Friend, 46, both of Jane Lew. They have been missing since early December 1999.

Part of the agreement involved Hughes giving testimony against two other men who were charged with murder.

But Special Prosecutor Laura Pickens of Harrison County recently dismissed the murder charges against the other men, saying Hughes had been a totally unreliable witness, changing his account of events multiple times. That included during a meeting in June in which the state was preparing for the upcoming trials of the other two, according to Pickens.

Special Prosecutor Gerald Hough of Gilmer County then sought the dismissal of the conspiracy charge against Hughes, which was granted by Circuit Judge Jake Reger.

Hough pointed to an axiom, saying, “There’s miles between suspicion and when you know someone’s guilty, and miles between when you know someone’s guilty and when you can prove it to 12 strangers.”

Hughes has changed his version of events four times, and it wouldn’t be in the interests of justice for the state to continue with the prosecution, Hough indicated.

During his comments, however, Hough made it clear that the prosecution is sure the two women’s lives were “taken,” although he didn’t elaborate further.

Hughes’ defense attorney, Phil Isner of Elkins, said his client didn’t want him to object to Hough’s motion to dismiss.

But before that, Isner was critical of the way the Harrison County Prosecuting Attorney’s Office handled the case.

Inner noted that his client met with former Lewis County Prosecutor Lea Anne Hawkins for “several hours over the course of two days.”

The June meeting with Pickens and other Harrison County prosecutors lasted only a fraction of that time, Isner said, adding that he believed members of the Harrison County office had been “disrespectful.”

“I just think the folks in Harrison County were dissatisfied by the original offer presented” to Hughes by another former Lewis prosecutor, Mike Smith, Isner told the court.

Contacted after the hearing, Pickens strongly took exception to Isner’s comments.

The June meeting with Hughes was brief, she acknowledged, but added that the hour-long session lasted long enough.

Hughes almost immediately recanted his statement that the other two were involved in the disappearance and murder of Stalnaker and Friend, according to Pickens. Hughes then left to meet privately with Isner, “and after returning, maintained the recantation of his statement upon which” Hawkins had relied upon to obtain the July 2014 murder indictments against the other two, Pickens said.

For a second time, Reger, noting that it’s easier to make decisions in hindsight, questioned whether the plea should have been accepted. Reger, not the judge at the time, pointed out that Hughes hadn’t been able to lay a proper factual basis at first, having to leave the court and return with a prepared statement before getting that far.

During his plea hearing, Hughes eventually said he’d given instructions to one of the two men “to do whatever it took” to get back a notebook that he feared could have incriminated him over drug dealing.

Former Circuit Judge Kurt Hall then had held off accepting the plea, wanting to know how Hughes would perform as a state’s witness. The fact that the plea hadn’t been accepted made it easier for Reger to dismiss it.

Charges against all three defendants were dismissed in a way so that double jeopardy wouldn’t apply.

The only physical evidence the state has recovered is a vehicle in Harrison County and a purse in Stonewall Jackson Lake in Lewis County. Authorities are lacking key evidence such as bodies and/or a murder weapon.

Meanwhile, Flanigan called a special session of the Lewis County grand jury to obtain the murder indictment against Kevin Lane Putnam, 45, of Ireland in southern Lewis County.

Putnam allegedly shot his brother, Stephen Jerod Putnam, 38, of Ireland, to death Feb. 10 inside their parents’ home, also located near Ireland.

Flanigan indicated this week’s action was necessary due to a rule on the amount of time the state has to present a case to grand jurors.

Defense attorney James Hawkins Jr. has been pushing to obtain bond for Kevin Putnam, citing his ties to the community, as well as the fact his client has been in jail since the day of the slaying.

Hawkins and co-counsel Bryan Hinkle have raised the theory of self-defense.

Flanigan has opposed bond. She previously has said Kevin Putnam was struggling with substance abuse and had made death threats to his wife leading up the homicide.

It’s alleged that Kevin Putnam used a .22-caliber rifle to shoot his brother in the chest from about 6 feet away, according to the investigation by Lewis Sheriff’s Sgt. Judd Holcomb, State Police Cpl. M.S. Clark and others. Two shots were fired, according to law enforcement, with one striking a wall.

Stephen Jerod Putnam owned and operated a company and was a logger and heavy equipment operator, according to his obituary. He is survived by his wife and two children.