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Parkersburg dentist Dale E. Brum speaks with reporters following his acquittal Wed. June 18 on charges he threatened three court officers, including Wood Family Law Judge Annette Fantasia in February 2006. Standing behind Brum is his attorney Joe Munoz. (Photo by Lawrence Smith)
PARKERSBURG – After deliberating for just over an hour, jurors found a Parkersburg dentist not guilty of threatening three court officials, including a family court judge.
Dale E. Brum stood accused of threatening the lives of Wood Family Circuit Judge Annette Fantasia, Parkersburg Police Officer John Pelfrey and attorney C. Blaine Myers. According to the indictment against him, Brum became enraged after reading a letter he received form the state Supreme Court on Feb. 25, 2006 denying his motion to have Fantasia recused from the divorce case involving his ex-wife, Debra.
According to the indictment, Brum, with his children present, later drove by or near the homes of Fantasia, Myers, who was Debra’s divorce attorney and Pelfrey, who arrested Dale in 2002 on a domestic battery charge Debra filed against him, and in some fashion made threatening comments about them. During the course of this trip, Brum was alleged to have made a visit to a gun show at the Holiday Inn in an apparent attempt to purchase a gun to carry out the threats.
The indictment charged Brum with two counts of retaliation against a public official or employee –- Fantasia and Pelfrey -– and one count of retaliation against a person participating in an official proceeding -– Myers.
During the three-day trial, jurors heard testimony from all three of the alleged victims. Though under direct examination by Wood County Prosecutor Ginny Conley all three said they were concerned about the alleged threats when they learned about them a few days later by Parkersburg Police, under cross examination by Brum’s attorney Joe Munoz all three testified Brum never threatened them directly or indirectly.
In fact, Myers testified he called Brum personally on Feb. 27, 2006, to question him about it. After first saying, ” ‘You don’t believe everything she tells you, do you?’ ” Myers said Brum later denied making any threats.
Myers, who went to the WVU-Pitt basketball game in Morgantown later that evening, testified Brum later left a cryptic message on his cell phone. According to Myers, Brum said, ” ‘You better check the air in your tires because if they come looking for me, they’re going to come looking for you.’ ”
The bulk of the state’s case rested on the testimony of Cathy Laskey, a Parkersburg realtor, and Brum’s two children, Alexis, 13, and Eric, 11. Brum has been cut-off from contact with his children due to a restraining order Debra filed against him on Feb. 27.
According to her testimony, Laskey said she remembers receiving a mysterious call from a man who didn’t identify himself asking if a home she had listed in Mineral Wells belonged to Pelfrey, and where he was moving to. Though Laskey answered yes to the first question, she declined to answer the second.
During their testimony, Eric and Alexis gave conflicting accounts as to timeline of events that day. However, where they agreed was on that they, as passengers in their father’s car, stopped outside Pefrey’s and Fantasia’s house and at the gun show before later going to the home of Brum’s sister, Brenda for dinner.
Expressing displeasure
In taking the stand in his own defense during the last day of trial, Brum categorically denied ever threatening Fantasia, Pelfrey or Myers. In retrospect, he said he behaved “inappropriately” that day.
Also, Brum admits he became incensed at the letter, and comments he made were directed toward the legal system in general, and no person in particular. According to Brum, he referred to lawyers as “moneysuckers” and “the only solution was to kill them all.”
Ironically, later that evening, Brum took Brenda, Alexis and Eric to see a satirical performance of the entire works of William Shakespeare at WVU-Parkersburg. Munoz questioned Brum about that during his direct questioning.
Brum said he was familiar with the famous line from one of Shakesphere’s plays were a character says, “The first thing we do is kill all the lawyers.” Though going to the play led to his comments, Brum did say he wondered how many people have charged criminally for quoting that line.
After receiving the letter, Brum said he called Brenda about 3:30 that afternoon asking what time to expect he and the children for dinner. When she told him 5 p.m., Brum said he drove Alexis and Eric around in order to bide their time.
Because real estate had become “a hobby,” Brum said he decided to look at land around Mineral Wells. He admits he inquired about Pelfrey’s house, but did not know it was his until he was questioned about it during the police investigation.
As he was returning to Parkersburg via Interstate 77, Brum said he saw signs advertising the gun show. His purpose for stopping there, which occurred near the show’s end, was to pick up information on concealed weapons permit.
Furthermore, though he admits to driving down Liberty Street where Fantasia lives, he never stopped in front of her house and made any comments. Liberty Street, he said, was on the way to Brenda’s house, and like, Pelfrey, he didn’t know where Fantasia lived until he was questioned about it.
A quick verdict
In her closing argument, Conley said Brum’s account of events is too coincidental. Expressing disgust with those involved with the legal system is one thing, but going to a gun show and driving by the homes of people with a direct connection to a case Brum was involved is another.
“The defendant threatened to kill these people and they were just doing their jobs,” Conley said. “I ask you to do your job and find the defendant guilty.”
In closing, Munoz countered that there are indeed victims in this case, but they are not Fantasia, Pelfrey and Myers. Instead, the real victims are Brum’s children, who are being used by his ex-wife as pawns in the divorce.
“They were involved in a bitter, contentious, ugly and nasty divorce,” Munoz said. “When you’re caught in the middle, you become confused.”
A conviction, Munoz said, would be an injustice to both the children and Brum.
“To rob this man of his liberty and further time with his family is not right,” he said.
About 2:50 p.m., the jury exited the courtroom to begin deliberations. Around 4:10 p.m. a Wood County deputy sheriff told some of Brum’s family that the jury had reached a verdict.
The jury returned to the courtroom at 4:27 p.m., and handed its decision to the bailiff. After Judge Jeffery B. Reed inspected it, the bailiff read it announcing a not guilty verdict on each charge.
During the reading of the verdict, Brum sat quietly at the defense table. However, several sighs of relief come from the gallery, and Munoz clinched a fist in victory.
After he exited the courtroom Brum remained composed as he hugged family and friends. Before he left, he thanked Munoz for his assistance, and hoped he could soon be reunited with Alexis and Eric.
“My main concern is now to get time with my children,” Brum said.
Wood Circuit Court, Case No. 07-F-189
