The Register-Herald, Beckley, West Virginia

Local News

February 4, 2010

Murder retrial moved to May term

Jackie Ayres

Michael Martin, whose murder conviction in the 2006 shooting death of a Beckley police detective was overturned last year, was arraigned Thursday before Raleigh County Circuit Judge H.L. Kirkpatrick in preparation for his second trial.

Martin, 44, of Beckley, was sentenced to life without the possibility of parole in January 2008 for setting up an undercover drug buy during which Cpl. Chuck Smith was shot and killed by Thomas Leftwich.

Martin’s conviction, however, was overturned by the state Supreme Court in November because it found that State Police Capt. Scott Van Meter’s testimony regarding the credibility of the state’s two key witnesses improperly biased the jury.

Martin was indicted again in January.

Martin, who is being held at Northern Regional Jail in Moundsville, appeared via video Thursday. He pleaded not guilty.

In addition, his attorney, Richard Holicker of the Kanawha County public defender’s office, entered a motion to postpone Martin’s April 12 trial to a later date.

“I have a very heavy trial schedule between now and the end of the term,” Holicker told Kirkpatrick.

“I have explained to (Mr. Martin) the difficulty I would have trying this case at that time. Aside from the fact that I have a heavy trial schedule, there is a voluminous record to get from the first trial in addition to whatever discovery Ms. Keller might provide in this case.”

Kirkpatrick agreed to continue Martin’s trial to the May term of court. The date will be set at a later time.

Holicker also asked the court about bond for Martin.

Prosecutor Kristin Keller asked that a bond hearing be “set at a later time when the state has notice of any defense motion for bond.”

A subsequent proceeding will be held to further discuss Martin’s bond, Kirkpatrick said.

— E-mail: jayres@register-herald.com

















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