| By Bob Weaver
The never-ending case against accused Calhoun murderer Ronnie Rush (pictured left) has resulted in a second appeal to the WV Supreme Court of Appeals.
The latest Rush appeal is scheduled before the high court on September 22 at Marshall University, a special on-the-road forum for university students.
Rush is appealing following his convictions on two counts of manslaughter, one count of first degree robbery, one count of burglary, and one count of conspiracy to commit burglary.
Rush is challenging the circuit court's denial of his motions for a mistrial, seeking a reversal of his convictions or, in the alternative, a remand for a new trial.
The appeal is being presented by defense attorney Rocky Holmes.
The case is now in its' sixth year because of well-documented bungling by the WV State Police in Calhoun County.
The latest appeal is based on key witness Cpl. Doug Starcher of the Grantsville Detachment having lunch-time conversations of about 15 minutes with four jurors during Rush's re-trial conducted in Jackson County.
Defense counselors Teresa Monk and Rocky Holmes said such conversation tainted the jury and the trial, but Judge Thomas Evans III disagreed.
While dismissing two of the jurors, Evans maintained the defense failed to show prejudice with the trooper's conversations.
"Was it a stupid thing for the trooper to do?," Judge Evans asked, answering, "Unquestionably..."
Monk said if she and defense attorney Holmes had engaged in such conversation with the jurors, the case would have come to a halt.
She said one of the two remaining "tainted jurors" consequently became the jury foreman.
Monk said she and Holmes took to heart Judge Evans' admonishment "that no one was permitted to speak to or have any contact with any member of the jury."
State Police charged Rush with the 2003 murders of Ward Groves, 69, and Mary Hicks, 60, of Sand Ridge, both shot at close range while they slept in their Sand Ridge home.
Rush was 16 at the time.
After evidence of State Police bungling, the Supreme Court granted the first appeal, with numerous instances where officers violated Rush's constitutional rights, exhibiting unprofessional behavior and misrepresentation of facts.
See related stories RUSH'S ATTORNEYS FILE FOR SECOND RE-TRIAL - Claim Calhoun Trooper Tainted Jury
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