Monday’s Hearing Update

Thanks for all your prayers for Monday’s hearing. We are in the appeal process, and our current lawyer is trying to establish that we had inadequate counsel based on a couple different issues. The main one is that when the State presented its case against Rusty, they maintained that what was found in his trunk when he was arrested was the murder weapon. What was actually found was a bag that contained rusted pieces of an old shotgun. In the trial, the State’s expert witness testifed that he tested the gun (by pushing a bullet through the pieces…it couldn’t be fired, obviously) and his conclusion was that his test bullets had marks that were consistent with the bullets that were obtained at the crime scene. Our lawyer knew this testimony was coming and should’ve lined up an expert witness to negate that testimony. We didn’t even know it was coming. The State placed a lot of importance on that gun. In fact, the whole case was built around completely circumstantial evidence. No forensics, and no witnesses. So the gun was huge….and it was just a mangled mess of gun pieces that didn’t even belong to Rusty. He had been asked to pick up that bag for someone, and he didn’t even know what kind of gun it had been.

Our current lawyer recently lined up a firearms expert to test the pieces. His testimony was what was presented at the hearing Monday. His conclusions basically negated the tests of the State’s expert witness. It was a detailed report, and it was impressive. Our lawyer put Rusty on the stand and asked him if he would’ve liked to have had that testimony in his trial (yes!) and if our lawyer had offered that option (no!) and if Rusty thought it could’ve changed the outcome of the trial (yes!) Especially since the jury was out for over 10 hours and was only able to come to a verdict after being given the Allen Charge by the judge. It was a close call, and that testimony could’ve turned things. That is the basis of the appeal. Rusty was great on the stand. He was knowledgeable and poised. He knew what he was talking about. In fact, our current lawyer has told us many times that that is very impressive–Rusty actually knows his case. Most people, after 8 years, do not remember their own case. Rusty knows every detail of it and can rattle off the facts any time you ask him. He was like that on the stand.

Our lawyer also put our former lawyer on the stand, who had to admit that he had not discussed the option of having a firearms expert testify on Rusty’s behalf. He also admitted that it could’ve changed the outcome of the trial. Our lawyer also had my mom take the stand and testify that she was not asked about the possibility of getting a firearms expert to testify and that, if she had, she would’ve been willing and able to pay for it. All of that to establish that it should’ve been done, it wasn’t done, and it could’ve changed the outcome.

We wait now for the judge’s decision, which could take a few months. Once we have that decision, the case will, no doubt head to another appeal process. If the judge rules in Rusty’s favor, the State will appeal (and vice versa)….so we’re looking at possibly 3-4 years until we have the final decision.

Meanwhile, we continue to pray that each of us will completely rest in God’s perfect will for Rusty. We press forward legally, hoping to do everything humanly possible, but ultimately we know that God is in control. And we trust Him to do what only He knows is best.

Thanks, friends, for you love, support, encouragement, and prayers!!

Charity (for the Rices)