HUNTINGTON — A conviction with a lengthy prison sentence will remain in place for a Milton man who admitted to sexually assaulting a 10-year-old girl nearly nine years before his trial, according to an opinion released by the West Virginia Supreme Court of Appeals.
Douglas M. Neumeyer, 51, of Milton, was found guilty by a jury in 2016 of three counts of sexual abuse by a parent, guardian or custodian, two counts of sexual abuse and one count of sexual assault after days of testimony detailing one 2007 event. Cabell Circuit Judge Paul T. Farrell sentenced him to a 65- to 210-year prison sentence, with an additional 50 years of special supervision if he is ever released.
The conviction surrounds one event on July 17, 2007, when a now-22-year-old victim said Neumeyer sexually touched her in two areas on her person at a church parking lot after asking her to travel to pick up a family member in Salt Rock.
The victim kept secret the incident for years before disclosing the information to a friend, and later her parents, who encouraged her to take her story to police.
Before his conviction, Neumeyer adamantly denied the allegations made by the teenaged victim, but has since admitted to the acts.
Through defense attorney Jason Goad, Neumeyer appealed his conviction and sentencing to the West Virginia Supreme Court of Appeals, which unanimously found no reason to throw out the jury’s ruling, according to a memorandum opinion released last week.
The defense argued prosecution violated Neumeyer’s rights by failing to provide him medical records from the victim’s treatment with a counselor, as well as failing to turn over text messages between the victim and a friend discussing the assault.
The justices ruled no violation had occurred because prosecutors turned those records over to the court prior to trial and the defense could have reviewed them at any time.
The defense argued they had the right to copies of text messages between the victim and her friend testified about at trial, but the justices said that would only be true if the witnesses had been given copies of the messages to help their memory while testifying.
In its final argument, defense said Farrell had erred in sentencing Neumeyer without a presentencing investigation being conducted and by not allowing him to make a statement prior to said sentencing being handed down.
In Cabell County, defendants are typically sentenced upon conviction and given a sentencing reconsideration date after the completion of research into the defendant’s background, at which time the defendant can make a statement to the court about their crime.
The justices found this standard sufficient and ruled Neumeyer’s rights had not been violated.
Neumeyer is housed at Mount Olive Correctional Complex in Fayette County, West Virginia. His next parole hearing is set for 2081.
Follow reporter Courtney Hessler at Facebook.com/CHesslerHD and via Twitter @HesslerHD.