| A Calhoun man who was sentenced to a lengthy prison term for the sexual abuse of an 11-year-old Calhoun child, has now been denied a new trial by the WV Supreme Court.
Richard Hunt had been granted a re-trial by Judge Thomas Evans III last year, based on statements made at the opening of Hunt's trial, essentially by then prosecutor Tony Morgan and another witness for the state.
In the review for a re-trial, court documents say that prosecutor Morgan, in his opening statement, referred to Hunt as a "pedophile" and a "predator" and "has a lustful disposition toward young children."
Morgan's statement was referring to Hunt's prior conviction and prison sentence of sexually abusing a minor 9-year-old girl in Jackson County in 1994.
In the Supreme Court denial for a new trial, the court ruled that references to Hunt's previous criminal history was a "harmless error," with the state's case overwhelmingly establishing Hunt's guilt in the Calhoun abuse case.
The Supreme Court, in its most recent decision, has reversed the Circuit Court's decision for a new trial, with Hunt's convictions and sentenced reinstated.
ORIGINAL STORY
CALHOUN MAN GETS NEW TRIAL AFTER SERVING 14 YEARS - Hunt Sentenced In Sexual Abuse Of Minor
2/14/2014 - A Calhoun man who has been incarcerated for 14 years for the sexual abuse of a minor Calhoun child, is getting a re-trial in Calhoun Circuit Court.
Richard Hunt was found guilty IN 2000 by a Calhoun jury on four counts, two counts of sexual abuse in first degree and two counts of sexual abuse by a custodian of a minor child.
In the review for a re-trial, court documents say that prosecutor Morgan, in his opening statement, referred to Hunt as a "pedophile" and a "predator" and "has a lustful disposition toward young children."
Morgan's statement was referring to Hunt's prior conviction and prison sentence of sexually abusing a minor girl in Jackson County.
Hunt's appeal was rejected for a hearing by the West Virginia Supreme Court in 2001, but Judge Thomas Evans III has granted a new trial based on a petition filed by Hunt in 2006.
The circuit court, following an evidentiary hearing and reviewing transcripts, indicated Hunt was denied a fair trial and due process.
The petition has a lengthy list claiming Hunt did not get a fair trial, some of which were not sustained, with a significant reason being related to testimony by then prosecutor Tony Morgan, which court records indicate Morgan was allowed to enter into evidence by then Judge Charles McCarty.
The review says that prosecutor Morgan, in his opening statement, referred to Hunt as a "pedophile" and a "predator" and "has a lustful disposition toward young children."
Morgan's statement was referring to Hunt's prior conviction and prison sentence of sexually abusing a 9-year-old minor girl in Jackson County.
In the review, the court found that prosecutor Morgan introduced inadmissible evidence partly based on a counselor's diagnostic statement related to the Jackson County case.
The Calhoun jury deliberated the case for about 30 minutes, before issuing a guilty verdict on all four counts.
Hunt was sentenced to the penitentiary on all four counts by Judge McCarty, not less than one nor more than five years for each offense of sexual abuse in the first degree, a period of not less than 10 years nor more than 20 years for one offense of sexual abuse by a custodian, and for a period of not less than 10 years nor more than 25 for the other offense of sexual abuse by a guardian.
Judge McCarty ordered that each sentence run in consecutive order, one after the other.
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