By Bob Weaver
The WV Supreme Court is expected to make a decision before November whether Calhoun resident Ronnie Allen Rush will get a new trial. Rush is seeking a reversal of a Calhoun court decision last winter.
Rush was found guilty of charges related to the shooting deaths of Ward Groves and Mary Hicks of Sand Ridge, facing up to 66 years in jail.
The appeal, brought to the high court by public defender Teresa Monk, was based on instances where the WV State Police allegedly violated Rush's constitutional rights, including the court allowing statements that were "coerced from Rush" and denying a motion that would set aside a verdict of aggravated robbery due to insufficient evidence.
Tuesday's hearing was punctuated with exchanges between the justices, deputy Attorney General Robert Goldberg and public defender Monk,
regarding the performance of the WV State Police in Calhoun.
The appeal asserts problems started during Rush's extended detainment by the State Police without proper notification of his parents, a period between 12-18 hours, during which time his request for an attorney was allegedly ignored.
Goldberg claims that such delay was "was prompted by police and Ronnie Rush desiring to wait for the arrival of a polygraph, and not desiring to obtain a confession," indicating Rush was actually in police custody for as long as 21-hours.
Justice Albright expressed concern about profane threatening from Detachment Commander Sgt. Dale Fluharty toward Rush while he was being given a lie detector test by the State Police at the Grantsville barracks.
During the trial Fluharty told defense attorney Baldwin he was suspended one day with pay for "bursting through a door" and interrupting the test.
A State Police polygrapher indicated Sgt. Fluharty told Rush he would "Knock your F---in' head off," after Rush had requested an attorney.
Fluharty, while on the witness stand said "I used some profanity...I should not have gone in that room."
The appeal is also based on the transfer of Rush's 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.
Chief Justice Davis indicated the state's case against a re-trial could be weak. Davis told deputy attorney general Goldberg "You have a big
rock to push up hill, start pushing," referring to the
Greek tale of Sissiphus eternally pushing a rock uphill only to have it
roll back down again.
Justice Starcher told Goldberg "Sometimes the
facts just are not on your side."
Justice Benjamin, concerned that Rush was questioned
without a parent or counsel present, asked if a re-trial could result in getting Rush more jail time. He was told that he cannot get more time, only less or the
same.
Justice Maynard walked out of the courtroom and never came back.
Goldberg, pleading to sustain the sentence, said that Rush frequently lied when it suited him and failed to take responsibility for his "horrific actions." Experts, during the trial, told the court that Rush was "mentally slow."
Rush, prior to his arrest, told officers about intruders shooting Ward Groves and Mary Hicks, including an account that Bobby Shamblin was responsible, setting-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 without testifying.
- Read earlier coverage regarding the Rush case inside the Herald.
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