The Register-Herald, Beckley, West Virginia

Local News

May 16, 2008

Lawyers given more time to file appeal for Michael Martin

Martin was convicted in December in the murder of Beckley Police Detective Cpl. Chuck Smith

By Amelia A. Pridemore

A Raleigh County circuit judge will allow attorneys for a man convicted in a Beckley police officer’s murder more time to file an appeal.

Judge H.L. Kirkpatrick granted a two-month extension to 43-year-old Michael Martin’s attorneys during a hearing Thursday. Martin was convicted of first-degree murder in December for setting up the undercover drug buy during which Detective Cpl. Chuck Smith was shot and killed.

The actual gunman, Thomas Leftwich, 25, was convicted of first-degree murder in March. Both men have been sentenced to life in prison with no parole.

Martin appeared at the court proceeding via video conference from Potomac Highlands Regional Jail, where he is presently incarcerated.

Kanawha County public defender Greg Ayers, Martin’s appellate lawyer, said one of the primary reasons the defense filed the extension motion May 7 was because the attorneys had not received a complete transcript of the trial.

Ayers noted the case record is about 1,500 pages and Martin’s new attorneys are responsible for reviewing several boxes of files. Also, Ayers said he had surgery in April which kept him away from work for about half a month.

Chief deputy prosecutor Kristen Keller objected to the extension because “justice delayed is justice denied.” Furthermore, she said, her office has dealt with constant appeal delays from the Kanawha County public defender’s office.

“These appeals are delayed and delayed and delayed and delayed,” Keller said.

Because Martin was convicted in December, Keller believes his attorneys have had enough time. She noted he has a second appellate attorney and had two other attorneys during his trial. The second appellate attorney could have worked on the case if Ayers had health problems.

Kirkpatrick said he would note the state’s objection.

“And the court expects that the appeal will be filed promptly during this period and that we won’t have to deal with additional requests or additional motions in regard to this matter,” he said.

— E-mail: apridemore@register-herald.com

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