{Charleston, West Virginia}...A Kanawha County murder case was argued before the State Supreme Court Wednesday. The Court is being asked to decide whether Kanawha County Circuit Judge Carrie Webster abused her power when ruling gun shell casings found at a crime scene could not be used as evidence in the upcoming murder trial against 33 year old David Kinney of Charleston. Kinney is accused of fatally shooting Jeremy Parsons, 31, on Charleston's West Side on July 4, 2010. Prosecutors originally thought the shell casings were lost during testing, but they were at the State Police Crime Lab under the victim's name not the name of the defendant. Judge Webster ruled the casings couldn't be used because of the state’s continual delay in taking the case to trial. Kinney's attorney Olubunmi Kusimo told the Court her client has been denied his right to a speedy trial. Assistant Kanawha County Prosecutor Erica Lord told the Court that without the 10mm shell casings the prosecution’s circumstantial case against Kinney would be gutted, and Webster's ruling is a complete abuse of discretion when there are other means she could have sanctioned the state for this time period. The Supreme Court is expected to make a ruling on the case in the near future.
