A West Virginia judge has ordered a woman to testify in a child homicide case, thwarting potential plans by the suspect to exclude her key testimony due to a possible marriage between the defendant and witness.
Cabell County Circuit Court Judge Paul Farrell ruled Tuesday in the case against Shannon Overstreet, who is charged with murder, child abuse and concealment in relation to the disappearance of his daughter Angel, WCHS-TV reported.
Special prosecutor Philip Morrison said in his request for the deposition that phone calls intercepted at the facility where Overstreet is being held tipped them off. He added in court Tuesday that the witness' statements and actions do not coincide.
"[She] called in and said, 'I don’t intend to marry this guy, and haven’t talked to him since Dec. 29.' I thought: 'Well, OK good.' Then I find out she’s been emailing him after the fact," WCHS states.
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Defense attorney Kerry Nessel said he had no argument against it and the judge granted the request.
Overstreet was indicted in December in the death of his daughter, who has been missing for more than two years. The girl was 3 months old when she was last seen in May 2021.
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Overstreet is currently in prison for malicious wounding and forgery related to striking his mother in the head and signing her name to a check and cashing it, FOX 5 DC reports. The crimes he is currently serving a two to 10-year sentence for happened the same month his daughter was last seen, according to The Herald Dispatch.
Online prison records show that Overstreet's projected release date is Dec. 1, 2027.
Overstreet's trial will begin May 20, WSAZ-TV reports.
The Associated Press contributed to this report.
