{Charleston , West Virginia }…Kanawha County Virginia Street Park Avenue . The case went all the way to the
West Virginia Supreme Court after Judge Carrie Webster threw out shell casings
as evidence that were found at the scene. The high court later ruled the shell
casings could be used at Kinney's trial. Prosecutors say Webster will not
allow them to use expert testimony on the shell casings, that could have helped
link Kinney to the murder, nor surveillance video captured from a nearby
business they say shows the suspect's and victim's cars near the scene of the
murder just before the shots were fired. Plants, says if the case is
dismissed, they would still be able to re-indict Kinney, if new evidence would
show up in the future, or witnesses would come forward.
