The Times West Virginian

In Today's TWV

August 14, 2008

Magistrate: Probable cause convicted madam violated bond

With ‘harassing’ phone call to a government witness

CLARKSBURG — A federal magistrate found probable cause Thursday that a Morgantown woman convicted last month of running a prostitution business violated her bond by making a “harassing” phone call to a government witness.

Donna Darlene Duelley, 42, the owner of an adult escort business, called a woman who testified against her at her trial the day after she was found guilty, the magistrate ruled.

Duelley also violated her bond by possessing and drinking alcohol, U.S. Magistrate Judge John S. Kaull found after a 30-minute preliminary hearing here in federal district court on Thursday.

Kaull said he had warned Duelley in another witness-contact incident before her trial that future violations of that specific ban would result in jail time.

In recounting a June 9 hearing on that May 24 violation, Kaull said he allowed Duelley to stay free on bond.

Duelley sent a text message to another government witness in that incident.

Kaull recalled he told her that if she violated the “no-witness-contact” rule and other bond conditions again that her “next step would be (to) the inside of a jail cell.”

Kaull denied a motion for home confinement by James B. Zimarowski, Duelley’s defense lawyer.

“It’s not effective. ... It wouldn’t cure the problem I see here,” Kaull said.

His findings will now be reviewed by U.S. Chief District Judge Irene M. Keeley.

When an eight-woman, four-man jury found Duelley guilty on July 31 after a four-day trial, Keeley said she would sentence her in about three months.

Duelley is being held in the North Central Regional Jail in Doddridge County.

FBI Special Agent Ken Lavictoire testified that a woman who said at the trial that she engaged in prostitution while working for Duelley filed a complaint about an Aug. 1 phone call.

The woman took a picture of her cell phone showing the telephone number of the incoming call, the agent said. Lavictoire was the only witness called during the hearing.

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