| What seems to be an never-ending case against accused murderer Ronnie Rush of Calhoun continues with an April date to be set in Jackson County.
Judge Thomas Evans III postponed sentencing yesterday in Ripley of Rush, 21, to allow defense attorneys to further investigate and likely prepare a motion for a second re-trail in the murder case.
Defense attorneys are claiming that "illegal contact with four male jurors" by Calhoun state trooper Doug Starcher tainted the re-trial last fall.
Also at issue is a request by defense attorneys Teresa Monk and Rocky Holmes to interview a fifth juror who reportedly issued a complaint about alleged impropriety with the jury, allegedly related to the officer's conduct.
The West Virginia Supreme Court ordered the first re-trial after the State Police in Calhoun County botched the case.
Rush has now been tried twice and been found guilty twice for the double homicide of Ward Groves and Mary Hicks in Calhoun. He was first charged when he was 16 in 2003.
Defense attorney Monk, in a motion filed last November 21st, asked to set aside the most recent verdict and grant a new trial, saying that "Cpl. Doug Starcher had illegal contact with four male jurors," during a lunch break outside the Jackson County courthouse.
Monk says "It is simply a matter of following the law and giving Mr. Rush a fair trail."
Judge Thomas Evans III, after interviewing the four jurors, dismissed two because of conversations the men had with Cpl. Starcher, and allowing the trial to continue.
The jurors indicated they engaged in small-talk about WVU football and deer hunting, but did not directly discuss the case.
Still, at least one other juror said he discussed mutual acquaintances with Starcher.
Starcher told Judge Evans he engaged in small talk with the jurors, lasting about 15 minutes.
Attorney Monk says one of the two remaining "tainted jurors" consequently became the jury foreman.
Monk said if she and defense attorney Holmes had engaged the jurors in such a manner, the case would have likely have come to a halt.
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