WHEELING — The special prosecutor handling the case against Anand Patel — originally accused of 22 misdemeanors in sending out negative mailers against several Wheeling mayoral candidates — has filed a motion to dismiss nine of the charges.

Wetzel County Prosecutor Timothy Haught filed the motion in Ohio County Magistrate Court on Tuesday, requesting that all nine counts of publishing or circulating an anonymous item supporting or aiding defeat of an election candidate be dismissed.

Haught said Friday his motion is based on the 1995 U.S. Supreme Court decision in McIntyre v. Ohio Elections Commission. In that case, the Court decided 7-2 that the First Amendment protects the decision of an author to remain anonymous.

In the case, the Ohio Elections Commission fined Margaret McIntyre $100

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