| By Bob Weaver
A continuance of a bond hearing Tuesday for Jackie Lynn Denmark, 57, charged with aiding and abetting kidnapping in Calhoun, resulted in her defense attorney Lee Benford entering statements into the court record while Judge David Nibert recused himself to chambers.
Judge Nibert, while allowing the defense attorney to place his statements in the record, indicated he would issue a decision on the bonding based on reasons associated with conditions and risks involved on her being placed on home confinement.
The Roane County hearing was continued from Circuit Court in Grantsville on Monday.
Judge Nibert agreed with special prosecutor Josh Downey's objections after Benford issued several requests Monday for the WV State Police to produce evidence he said would indicate the lack of Ms. Denmark's role in the alleged kidnapping.
Judge Nibert said attorney Benford was engaging in discovery during a bond hearing.
It was the second time since Ms. Denmark's arrest she has asked the court for bail.
A criminal complaint filed against her by the State Police indicates she was present when the alleged murder of David Beach occurred, a witness gave statements that Jackie Denmark's son, William Seth Denmark had Beach dig his own grave.
Attorney Benford called a number of character witnesses for Ms. Denmark Monday, saying she has never been in trouble with the law, and would be an appropriate candidate for bail.
During Tuesday's hearing, attorney Benford continued to say he wanted evidence found at the Denmark farm near Arnoldsburg from Cpl. Doug Starcher that would support charges against Ms. Denmark.
Benford said Trooper Starcher made conclusions in the criminal complaint that indicated the location of the body of David Wayne Beach, connecting her to the alleged crime.
Benford indicated he wanted evidence of testing dirt or a bullet from the alleged grave site that would indicate a crime had been committed.
Special prosecutor Josh Downey said Tuesday it appeared Benford was laying the groundwork for appealing the case against Ms. Denmark.
Benford said, "There are lots of theories...not much to this case backed up by evidence."
Benford had requested photographs held in evidence by the State Police, reportedly taken by Ms. Denmark of her son Williasm Seth and David Beach hosing mud from their bodies, allegedly before Beach was killed and buried on the Denmark farm in 2006.
Beach has not been seen since the photographs were taken.
Prosecutor Downey said Monday Ms. Denmark should not be placed on home confinement with her husband William Denmark, who is also facing charges.
Judge Nibert said he would issue a decision regarding her bail.
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