The Register-Herald, Beckley, West Virginia

Local News

November 23, 2009

Court overturns conviction in police officer’s murder

By Michelle James

One of the two men sentenced to life in prison for the 2006 murder of a Beckley police officer will get a new trial following a written opinion Monday from the state Supreme Court.

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

The court ruled that then-chief deputy prosecutor Kristen Keller’s request for expert witness State Police Capt. Scott VanMeter to lend credibility to the prosecution’s two key witnesses — Beckley Police Cpl. Will Reynolds and Smith’s girlfriend Jasminda Gonzales — improperly biased the jury.

During the trial, Keller, who is now the Raleigh County prosecutor, told Raleigh County Circuit Judge H.L. Kirkpatrick that she was permitted to ask questions regarding credibility because the witnesses’ character had been attacked.

The court, however, stated that defense questioning of the witnesses never “crossed the bounds into any type of attack on the character.”

Additionally, the ruling states that West Virginia law does not allow an expert to give an opinion regarding credibility as that duty rests solely on the jury.

The opinion states that jurors needed to determine the credibility of testimony provided during the trial from Reynolds and Gonzales. The two eyewitnesses offered conflicting testimony.

VanMeter’s testimony, the opinion states, “improperly bolstered” the witnesses’ credibility and “invaded the province of the jury so substantially as to prejudice the Appellee (Keller).”

Although the conviction was overturned based on VanMeter’s testimony, the court also said it was “concerned” by the performance of Martin’s appellate defense counsel, who it said was “lax” during the trial regarding evidence admitted without objection.

Had the court not reversed the case on direct appeal, the opinion states, Martin may have had grounds for a habeas corpus claim for “ineffective counsel.”

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Martin’s attorney, Kanawha County Deputy Public Defender Gregory Ayers, said he was pleased with the court’s decision.

“We’re happy the court agreed with our position and reversed the conviction,” he said.

Keller made no comment regarding the reversal, saying only that the state will try again.

“We try to do a perfect job, but sometimes we don’t and so we will try again,” she said.

Martin will be retried before Kirkpatrick at a date to be determined.

Leftwich, 26, is serving life without the possibility of parole. The court previously voted not to hear his appeal.

— E-mail: mjames@register-herald.com

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