Judge David W. Nibert ruled Wednesday against a motion before Calhoun Circuit Court to release William Seth Denmark from Central Regional Jail on bond and place him on home confinement, although the judge did say he will continue to review the matter.
The West Virginia State Police charged Denmark, 24, in May, 2011 with the first degree murder of teen David Beach, with Denmark yet to be indicted on the charge.
Denmark's attorney Barbara Schamberger presented the motion, claiming Denmark is being unfairly incarcerated over a "failure of presentment" by Calhoun prosecutor Rocky Holmes.
Schamberger claimed that time guidelines for presentment had not been followed. Denmark has been incarcerated for 22 months, including earlier charges of kidnapping.
Prosecutor Holmes denied that presentment rules had been broken, saying "This motion is premature," indicating the current grand jury is on hold.
"We will present the defendant's case to a grand jury in March for the first degree murder of David Beach," he said.
"This is a complicated case ... This case had two previous prosecutors ... and DNA is still being processed by State Police," Holmes continued.
Holmes said, "I'm confident we might reach an agreement before March," indicating the possibility of a plea deal.
Schamberger claims there is no link to Denmark and the death of Beach.
She told the court that Denmark has a history of serious psychiatric illnesses which need to be addressed. "This man has his rights ... My client needs some relief," describing his behavior in Central Regional Jail and his difficulty to respond to her interviews with clarity.
Nibert affirmed he will review the case, indicating statues have not been violated, and will issue a formal opinion.
Schamberger requested that Denmark undergo a psychiatric evaluation, after which Judge Nibert agreed.
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