| The West Virginia Supreme Court has granted a petition for an appeal over the conviction of Ronnie Rush, who was sentenced to prison for the murders of Ward Groves, 69, and Mary Hicks, 60, both residents of Calhoun.
Public Defender Teresa Monk asked for the appeal last Tuesday, related to the transfer of his case to adult status and his ensuing convictions on two counts of manslaughter and one count each of first degree robbery, burglary, and conspiracy to commit burglary.
Rush is seeking a reversal and a remand for a new trial.
The high court ruled 4-1 for moving the appeal forward.
Voting for was Chief Justice Robin Jean Davis, Hon. Larry V. Starcher, Hon. Joseph P. Albright and Hon. Brent D. Benjamin.
Hon. Elliott E. Maynard voted against.
Six petitions were granted Tuesday and six refused, according to court records.
Attorney Monk will file a brief in the case, which is expected to take some time before a decision is rendered regarding a reversal and a new trial.
Rush, who was 16-years-old at the time of the 2003 brutal double murders, was tried as an adult.
Speaking before the high court, public defender Teresa Monk outlined a number of errors by the West Virginia State Police, alleging the officers and the trial court violated Rush's legal and constitutional rights.
Monk outlined a series of events while Rush was in State Police custody over an 18-hour period that ignored due process, saying they ignored the youth's rights to counsel, including not having his parents present.
"The young man was not allowed to speak to a counselor, or even his parents, except one brief phone call. They fed him once," she said.
The initial investigation was conducted by Trooper Doug Starcher and Sgt. Jeff Cooper. Monk indicates that officers gave contradictory testimony several different times throughout the trial.
Monk told the court that another officer, supervisor Sgt. Dale Fluharty, burst through a door where a polygraph test was being administered to Rush.
"Sgt. Fluharty was pretty irate and began cursing at the 16-year-old young man, and threatened him with some violent threats about knocking his head off, according to the testimony," said Monk.
Rush then became scared and asked for the polygraph to be stopped and asked for counsel.
Testimony indicated Fluharty was angry because Rush had "lawyered-up."
The record indicates Fluharty didn't inform detachment commander Sgt. Jeff Cooper of the youth's request for an attorney.
Fluharty said "I didn't think it was relevant."
Fluharty was reprimanded for his unprofessional misconduct, and was suspended from work for one day.
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