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Posted: 1:03 PM Nov 23, 2009
West Virginia Court Overturns Police Shooting Conviction
The state Supreme Court has ordered a new trial for a man convicted in the 2006 shooting death of an undercover Beckley police officer.
Reporter: The Associated Press Email Address: anna.baxter@wsaz.com |
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4 Comments 
CHARLESTON, W.Va. (AP) -- The state Supreme Court has ordered a new trial for a man convicted in the 2006 shooting death of an undercover Beckley police officer.
In Monday's unanimous ruling, the court said Michael E. Martin should receive a new trial because of an error involving testimony given by a state trooper during his trial.
The unsigned opinion said the trooper's testimony on the credibility of two prosecution witnesses shouldn't have been allowed.
Martin and a second man were convicted for the Aug. 29, 2006, shooting death of 29-year-old Beckley detective Charles "Chuckie" Smith.
Smith was shot as he tried to purchase crack cocaine at a Beckley residence.
Raleigh County Prosecutor Kristen Keller was not immediately available for comment Monday.
Latest Comments
Hey Truth, if it could even be deemed an "error" (as insignificant as it was), then the fault would have to be placed with the Prosecutor who asked the questions &/or the Circuit Judge who allowed it into evidence. Ultimately, I believe the fault lies with all the Supreme Court Justices, Circuit Judges and attorneys that allowed the judicial system to become this way. A system that regularly attacks the good law abiding people and the police whose only intent is the betterment of society. This is not what our forefathers had in mind.
Typical trooper error . . . again! This is getting old!
It's not "red tape" - it's the LAW. I suppose that we should just set aside the proper procedures and established legal precedent when we do not like the outcome. Read some history, my friend. Following the law, even in the face of public outcry, is the factor that makes our system, while imperfect, the best in the world.
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