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Ronnie Rush's fate is now in the hands of a jury.
The 12-person jury panel began deliberating about 5 p.m. yesterday, after hearing testimony and arguments about the Groves-Hicks murders for five days.
The jury left the courthouse last night about 9 p.m. without reaching a decision and will return this morning.
During closing, Calhoun Prosecutor Matt Minney told the jury Rush is guilty of murder, asking them to "follow the money," suggesting Ward Grove's inheritance cash was scattered in places connected to Rush, from vehicles to a trash can in his father's house.
Minney said the motive was robbery, calling Mary Hick's murder "Mary's misfortune," being at the wrong place at the wrong time.
He said Rush had motive and opportunity, reminding the jurors Cpl. Doug Starcher testified Rush had a red place on his shoulder and red dots on his face, although defense attorney Shannon Baldwin said the gunpowder residue test was negative, and numerous samples taken from his clothing showed no blood stains.
Minney said State Police are human, referring to Sgt. Dale Fluharty's mistakes, "... but it does not change the facts."
Minney told the jury "You take your common sense and apply it best."
Rush' attorney Shannon Baldwin said "What has happened to Ward and Mary is a terrible thing ... but all the state has is circumstantial evidence, and not enough forensics to prove he committed the crime.
Baldwin said in her closing argument "All the forensic evidence was in (Rush's) favor," with negative test results for blood and gunshot residue. "They didn't test the money for prints," she said.
The defense attorney reviewed police problems with the case, where a State Policeman said Sgt. Dale Fluharty interrupted a lie detector test and then became angry when Rush "lawyered up."
She said the testimony indicated State Police ignored Rush's request for an attorney, and a supervisor in Charleston asked the polygraph officer administering the test to not put this information in his report.
Baldwin said State Policemen were adhering to the "ends justifies the means" approach to convict Rush.
THE DAY IN COURT
Former Calhoun Prosecutor Tony Morgan was called by the defense, and testified to his role in advising officers that he thought there was enough evidence to arrest Rush.
Carl Straley, a State Policeman called to Grantsville to administer a lie detector test on Rush, testified that Sgt. Dale Fluharty came into the room where he was administering the test "upset and excited.
"He asked me if Ronnie had failed the test yet," then said "We came up with a lot of s - - t on you (Rush). You'd better start talking now."
Straley said Rush was "surprised and wide-eyed" and wanted to know what the evidence was. Sgt. Fluharty told Rush the police had discovered a suitcase with money.
After being questioned for several hours, Straley quoted Rush as saying "Because he (Sgt. Fluharty) thinks I'm in so much trouble, I want to have my attorney present."
Straley then told Sgt. Fluharty "He lawyered up" and the lie detector test was stopped.
Officer Straley quoted Rush as saying Fluharty was going "to blow my f ------ head off if I didn't talk."
Straley said Fluharty told him "I just don't have patience for these interviews anymore," and Straley, before he left Grantsville, informed Trooper Starcher that Rush had requested a lawyer.
The following week, Straley said Capt. Spangler advised him to "leave the attorney-client privilege out of my report." Straley declined to comply to his superior's request, he said.
Defense attorney Baldwin has stated throughout the trial that Rush's rights were violated, even though he was read Miranda Rights four times.
Judge Thomas Evans III carefully processed the issue of whether Rush was going to testify in his defense. Rush advised his attorney and Judge Evans he would not go on the stand.
A juvenile detention professional testified that Rush was "checking out the fence line" at a lock-up and whispering about a possible escape, after which the center tightened security on Rush.
Psychiatrist Ralph Smith, testifying for the state, said Rush had "adequate ability to self-protect," saying several different tests showed that Rush was malingering, which negated other evaluations. Malingering is to "pretend incapacity as in illness so as to avoid duty or work."
Judge Evans spent a long period of time giving charges and instructions to the jury, offering possible verdicts, including guilty of 1st degree murder, guilty of 1st degree murder with mercy, guilty of 2nd degree murder, guilty of voluntary manslaughter and not guilty of any offense.
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