Wednesday, May 23, 2012

Murder Trial Postponed

{Charleston, West Virginia}...A second trial for 55 year old Rhonda Stewart, an Elkview woman accused of shooting and killing her estranged husband, Sammy Stewart, in his hospital bed has been postponed until October 9th. A jury found Stewart guilty of first-degree murder in 2009, and she was sentenced to life in prison with mercy, making her eligible for parole in 15 years. John Mitchell, her attorney at the time, appealed the verdict to the state Supreme Court, and justices ruled 3-2 that Stewart did not receive a fair trial because she was prevented from presenting a battered-wife defense. Prosecutor Mark Plants had successfully argued the defense shouldn't be used since the abuse had stopped long before, and the couple hadn't lived together for three years. Tuesday, a joint motion by prosecutors and her defense attorneys delayed the trial, which had been set for June 4th, so they could properly prepare the case and bring medical witnesses from out of state.