Judge David W. Nibert, in a three page ruling, says Calhoun resident William Seth Denmark must remain in jail, after Denmark's attorney Barbara Schamberger had asked the court to dismiss charges against him, or at least allow him to be bonded and placed on home confinement.

Schamberger claimed the prosecutor had failed to present evidence within two terms of court.

Denmark has been in jail two years. and pleaded with the court last week to extend him mercy over his long incarceration.

Initial charges for kidnapping got dropped last June, 2011, when the WV State Police charged him with the first-degree murder of teen David Beach in June, 2011.

He has yet to be indicted on those murder charges.

Judge Nibert, in his opinion, says time has not lapsed on the more recent charge, saying the initial charges of kidnapping and the murder charge are two different crimes.

"The court will deny the defendant's motion to dismiss the warrant as the January 2012 term has not expired," Nibert said.

A special Grand Jury has been set for several cases on March 20.

Calhoun prosecutor did not respond to a public information request regarding presentment of the Denmark case.

See related story DENMARK ADDRESSES COURT 'ASKING MERCY' - Judge Nibert Will Decide Friday On Motion To Dismiss, Husk Yet To Be Indicted In Shooting Death

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