| By Bob Weaver
The Rush murder case went into a fourth day yesterday.
The issue of whether Ronnie Rush's constitutional rights were violated surfaced in the double murder of Ward Groves and his ex-wife Mary Hicks, although Rush was read his Miranda Rights four times.
Following three days of testimony by the prosecution, defense attorney Shannon Baldwin gave her opening statement and called witnesses.
Rush, dressed in a suit and positioned between his two attorneys, remained alert throughout the day. The twelve jurors and two alternates rarely lost their attention, paying close attention to the proceedings.
 Judge Thomas Evans III (pictured right) judiciously presided over the trial, carefully keeping the evidence on track. The courtroom had few observers expect family members.
Baldwin told the jury "Our evidence will show the rest of the story ... some damaging testimony to the State Police ... You're going to be disappointed by State Police conduct."
"I have been disciplined," said Detachment Commander Sgt. Dale Fluharty, over his unprofessional conduct while Rush was being given a polygraph test.
Fluharty told defense attorney Baldwin he was suspended one day for "bursting through a door" and interrupting a State Police officer giving the test.
Fluharty had obtained some new evidence about the case, and he began making accusations against Rush. Fluharty said "I used some profanity."
Officer "Straley was unable to continue the interview (test) because Ronnie Rush wanted an attorney," said Baldwin.
Fluharty told assistant prosecutor Frank Giggenbach, Jr. he became very upset when he viewed the remains of Groves and Hicks and was disturbed Rush's "statements changed too often." He said he had less than one hour's sleep in a 24-hour period.
Fluharty apologetically said "I should not have gone in that room," referring to interrupting the lie detector test.
Defense attorney Baldwin then asked "Did you not tell Sgt. Cooper that Ronnie wanted a lawyer?" Sgt. Fluharty replied "No. I didn't think it was relevant to make an arrest."
An internal investigation of the State Police's handling of the Rush case followed. Baldwin said State Police had given contradictory statements about the incident.
After Rush told officers about intruders shooting Ward Groves and Mary Hicks, he gave a another account that Bobby Shamblin was responsible, helping set-off Shamblin's arrest for the murders.
Shamblin was later released from Central Regional Jail on bond because of an apparent lack of evidence placing him at the crime scene.
Shamblin had been called as a witness in the Rush case, but he was dismissed yesterday without testifying.
Expert witnesses from the State Police lab testified to trace evidence of gunshot residue taken from Rush, with Rush stating he had shot a gun earlier on the day of the murder.
There was no gunshot residue in a GMC Jimmy driven by Rush after the murders.
Sharon Lemons of the State Police's forensic unit said there was no blood on 35 samples taken from Rush's camo shirt.
Steven King of the State Police fingerprint section said none of the money taken for evidence was tested for fingerprints, although two latent fingerprints were found on a flashlight.
A psychiatrist from River Park Hospital in Huntington, who oversaw Rush's case during a thirty day stay, said Rush had Attention Deficit Disorder and was tested as being "moderately" retarded with an IQ of 70 or less.
The psychiatrist said Rush was "gullible, suggestible, unsure of self...a follower...his ability to think things through is weak."
The trial will continue this morning at 9 a.m.
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