BANDY CASE SCHEDULED FOR TRIAL

(09/07/2007)
By Bob Weaver

The case against former Calhoun chief deputy Ron Bandy has been scheduled for trial on November 13th at 9 a.m. before Judge Thomas Evans III.

The date has been set for a second time, following a number of moves and delays.

Bandy had requested a speedy trial.

The WV State Police brought the case which involves allegations that Bandy illegally removed items from an elderly couple's house after they had been placed in a nursing home.

Bandy's attorney said the case should not have been brought.

The same seven or eight felony charges were lodged against Bandy's girlfriend at the time, but those charges were reduced to trespassing and a $100 fine.

One of the delays essentially involved a request by special prosecutor Jerry Hough to use a "diversion," which would essentially mean the case would have been dropped if other issues did not surface within a year.

Judge Evans was not happy about the diversion motion.

During a hearing, special prosecutor Hough gave brief reasons for his diversion request - the State Police could not provide transcripts of witness testimony, problems with the chain of custody of evidence and that some of the evidence was sold.

Since that time, it is unclear if those problems have been resolved.

Hough and Bandy's attorney John R. Teare had agreed to a diversion.

Hough also requested a change of venue, denied by Judge Evans, who reminded Hough it was generally the purview of the plaintiff to request such action.

Evans has expressed concern that prosecutor Hough was not moving the case forward, indicating he was concerned about the public's interest and maintaining public trust.

At one point, Hough blamed the Hur Herald for problems he was having with the case, although the Herald has only published procedural (public) information about the case.