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By Bob Weaver
What seems to be an never-ending case against accused murderer Ronnie Rush of Calhoun, continues today in Jackson County.
Rush has now been tried twice and been found guilty twice for the double homicide of Ward Groves and Mary Hicks in their rual Calhoun home.
Rush was first charged when he was 16 in 2003.
Today at 1 p.m., he will appear before Judge Thomas Evans III for sentencing.
Calhoun prosecutor Shelly DeMarino will represent the state.
The sentencing had been delayed to allow defense attorneys Teresa Monk and Rocky Holmes to further investigate and 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 Monk and Holmes to interview a fifth juror who reportedly issued a complaint about alleged impropriety within the jury, allegedly related to the officer's conduct.
That juror has reportedly been subpoenaed to offer a statement today regarding the matter.
The West Virginia Supreme Court ordered the first re-trial after the State Police in Calhoun County botched the case.
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 allowed 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 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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