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JUDGE DENIES RUSH A NEW TRIAL - "He Plainly Knew What His Rights Were"(01/26/2005) |
 Ronnie Rush leaves courtroom followed by his attorney Teresa Monk By Bob Weaver Judge Thomas Evans III rejected motions yesterday in Grantsville for a new trial for convicted murderer Ronnie Rush. The motions were made by his attorney Teresa Monk. Rush was found guilty in December of voluntary manslaughter in the shooting deaths of Ward Groves and his ex-wife Mary Hicks. He was also found guilty of burglary and larceny. Monk requested a new trial based upon testimony that his rights were violated. "This young man asked for counsel twice," she said, indicating he was denied, saying he suffers from limited mental capabilities. Evans responded "He plainly knew what his rights were," saying that he was apprised of his Miranda Rights four times, even when the State Police were not compelled to give them. Monk said State Police failed to respond to Rush's request for an attorney when Sgt. Dale Fluharty disrupted a lie detector test. Evans cited an excerpt from a recorded interview hours before Rush was arrested. Cpl. Doug Starcher asked Rush if he wanted an attorney, after which Rush responded by saying "I don't know." Cpl. Starcher then said "Does that mean yes or no?" Rush then says "No." "He could have left. He hadn't been charged," said Evans. Monk presented a motion to set aside a verdict of robbery, saying the charge did not qualify as a robbery. Judge Evans responded by saying "This is a novel argument," on technical grounds, but still denied the motion. The defendant's attorney then made a motion to sentence Rush as a juvenile. The double murder was committed when Rush was 16-years-old. Judge Evans said he would take the motion under advisement and ordered Rush's juvenile probation records be given to Adult Probation Officer Patsy McCartney. He then asked McCartney to do a pre-sentence investigation. Rush will return to court in Grantsville on March 18 for sentencing. He remains in Central Regional Jail without bond being set.
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