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Murder trial delayed another four months
by Stephen Woodward
24 months ago | 1321 views | 9 9 comments | 7 7 recommendations | email to a friend | print
PINEVILLE — The one-year anniversary of 70-year-old Paul Slusher’s murder has come and gone and justice has yet to be served.

The already delayed trial for suspects Lora Amburgey and James Parsons — both accused of invading Slusher’s home in Fourmile, robbing, gagging, and then throwing him in the Cumberland river — was scheduled for April 6 in Bell County Circuit Court. But at a pretrial conference held Friday morning, Special Judge James Bowling granted a request from the defense for it to be moved yet again.

There was an audible gasp in the courtroom from the Slusher family when Amburgey’s attorney Cotha Hudson told the judge she needed six more months to get her case in order. Parson’s attorney, Barbara Carnes, said she needed three more months.

“I hate to rush this,” said Hudson. “I don’t want to try this case again. I want to do it one time. And I want to do it correctly.”

Judge Bowling addressed Hudson and was clearly not pleased about the need for another delay.

“In a case like this, of course, I’m not in a strong position to deny such requests,” said Bowling. “But you know, on the other hand, what have you guys been doing for the last year?”

Hudson stated that their workload was too heavy to get everything done in time.

“I’m not unsympathetic to your burden,” said Bowling. “But there are some cases that take priority, and this is one of them.”

Commonwealth’s Attorney Karen Greene Blondell also commented on the motion for continuance during the proceedings.

“We have done everything we know to do to keep this on track,” said Commonwealth’s Attorney Karen Greene Blondell. “Obviously, we want this case tried as quickly as possible, as I’m sure everybody does. Formally, I would object to continuance.”

Blondell continued: “However, because these are death penalty cases... I want everything to be done right.”

Carnes stated in her motion for continuance that she needed more time to “obtain” and “transcribe audible tapes”; allow a new mitigation specialist to interview witnesses; get independent testing for crime lab items and get test results; and conduct a psychological evaluation of Parsons for mental competency at trial.

Hudson stated in her motion that “due to the complexities of the history of this defendant (Amburgey), and other difficulties in the preparation of her defense, it has become clear that counsel will not be ready on April 6, 2010.”

When questioned by Judge Bowling, Carnes said she had the tapes for “quite a while,” but was not able to transcribe them in time.

Carnes also commented on Parson’s mental state.

“I personally don’t think there will be any issue with competence,” said Carnes.

The new trial date is August 10. A pretrial conference is slated for May 7. Judge Bowling ask that all motions be filed before April 30.

Stephen Woodward is a Staff Writer for the Daily News. He may be contacted at swoodward@middlesborodailynews.com.

Comments
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rick_garr
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February 19, 2010
As the former editor of The Daily News, I am angry that the reporter was allowed to position the paper on the side of the family instead of just reporting the facts about the delay in the trial. He also expressed a personal opinion in a news story -- namely, that justice has been denied. That sort of thing belongs on the editorial page, not in a news story. Telling the facts and realities of a newspaper's role is not callous, pompous or disrespectful. It is educational. The issue here, fundamentally, is each reader's -- and the writer's and his editor's -- definition of justice. If your definition means vengeance or retribution, then you have the mentality of a lynch mob, and you are likely to endorse the reporter's inclusion of the "justice denied" reference in his lead. If, however, you believe in due process of law for the accused in America, the presumption of innocence, and fair and professional journalism, then you should be appalled at the reporter's writing. As for blog responders who won't use their actual names, you remind me of juveniles who fire rubber bands at the teacher when her back is turned.
PastResident
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February 19, 2010
(Though responding to you again is probably the internet equivalant of reasoning with a child holding his fingers in his ears and yelling,"Lalalalala!!" I'll still give it a last go...)

Neither BellBlogger nor I said it was the newspaper's job to soothe the family (or anything even resembling that). Please stop creating thoughts/text from thin air, especially when the words are directly in front of you. I said you seem insensitive because your original comment was callous, pompous and disrespectful to the friends and family of Paul. BellBlogger attempted to point out to you--twice--"The story states that a year has passed and justice has yet to be served. That is an accurate statement and not prejudicial in any way." You have yet to respond with anything that has shown either of us to be wrong. (You didn't even answer my question as to how you'd feel if you read your original response as a family or friend of Paul's. Perhaps you have a hard time identifying what it feels like to care about someone.) You've merely babbled... O.J., 9/11, legal jargon, another news story the MDN previously printed. Oh, and name-calling. In those regards, some might say you've acted like a dumb jerk. Yes, some might say that. I can't speak for BellBlogger, but I have no idea who "Rick Garr" is, nor do I care. This leads me to think you, in turn, don't and wouldn't know me. Identifying myself to you would have no impact on this discussion. Also, you seem like an angry person whom I would want knowing nothing about me. Best of luck to you, though.
rick_garr
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February 17, 2010
I responded to this story in the first place because it reminded me of a similar one a few months ago with a similar lead paragraph. That one was about the family of a young man whose cause of death had not yet been determined or announced by the authorities. After much lamentation about how justice had been denied to the family, the story seemed to suggest in an offhanded way that drug abuse may have been the proximate cause. If that were true, justice had not been denied, and the reporter dragged his newspaper into the middle of a family's anguish for no reason whatsoever except ignorance. News stories are for reporting facts, not opinions or personal crusades. If families get their feelings bruised by difficult circumstances, that is understandable, but it's not the newspaper's job to soothe them. And I'm still waiting for you gutless stalkers to identify yourselves.
BellBlogger
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February 17, 2010
Rick...The story states that a year has passed and justice has yet to be served. That is an accurate statement and not prejudicial in any way. I guess anyone can have an opinion and you are entitled to yours, but your original assertion that it is defamatory to the defendants and makes an assumption of guilt is demonstrably false by simply reading the paragraph and the rest of the story. The author does not defame or make any assumptions as to the guilt or innocence of the defendants, it simply states that a year has passed and there has been another delay in the trial.
PastResident
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February 17, 2010
Thanks again, Rick, for another lesson, but you're getting a little off track. I don't recall stating the criminal justice system's purpose is to soothe anything or anyone. The discussion you and I were having involved your lack of tact and sensitivity in your original comment. Whether you think the article is biased and/or defamatory is your right. I was speaking to you specifically on behalf of friends and family of "the deceased" who have read or will read your comments. You feel the article is defamatory--fine. Was it necessary to feed your starving ego by preaching to readers as you did in the latter part of your original statement? It was disrespectful and pretentious. Continuing with dimestore legal jargon and throwing out phrases such as "vigilante justice" and "lynch mob" does not divert from your previous pompous and callous remarks. It only further validates the idea that you're a heartless person who happens to have textbooks(or google)and some time on his hands. Read your original comment again as though it were about someone you loved--an elderly someone--who had been robbed, gagged and thrown in a river. Would you be impressed?And, for the record, I'm a woman under no obligation to tell you my name and have no intention of ever doing so.

rick_garr
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February 16, 2010
The purpose of the criminal justice system is not to soothe the injured hearts of bereaved family members. Rather, the purpose os to ensure that the accused receive due process of law, and order is maintained in civil society. As late as the 1960s, the United States of America was the site of vigilante justice by lynch mob, when volatile emotions swept away people's reasoning and respect for the rule of law. By insinuating that justice has been denied because of delay in the trial, this news reporter is injecting his personal opinions -- publicly popular ones, no doubt -- into what is supposed to be a factual, unbiased accounting of the news. Demanding justice for the dead belongs on the editorial page, not in the lead of a news story. And, as for torts, if these accused are acquitted they might have a prima facie case for defamation against The Daily News. People do get acquitted. Remember O.J.? Justice is often denied. No one has been convicted for 9/11/01 except for one accessory. Finally, for the record, I use my real name for my comments here. Let's see the rest of you macho men do likewise, wimps.
BellBlogger
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February 16, 2010
Hey Rick...Which story are you reading?

The lead paragraph of this story says that it's been a year since the murder and that no one has been tried for it...Where is the prejudice in that statement? In the next paragraph it names the ACCUSED and passes no judgement.

What are you reading?
PastResident
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February 16, 2010
Aren't you late for torts class, Rick? You seem like an insensitive first year student (at best), and you obviously weren't around when the "alleged" events took place. Otherwise, you would be aware of how foolish and tactless it is to use a small town newspaper article about such a terrible occurrence to practice your legal writing. This was a horrifying event for the family and friends of Paul. How dare you lecture on the definition of justice and what the outcome of the case will or won't do. Family and friends are all too aware nothing will bring Paul back. Perhaps you should attend a lecture on "common decency." Do come back to let everyone know what you learned, if anything, about its meaning.
rick_garr
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February 16, 2010
The lead paragraph of this story may be defamatory to the defendants, for it assumes that they committed this homicide. Perhaps they did, but by law they are still presumed innocent until proven guilty. This story may be contaminating the pool of potential jurors and thus contributing to the unnecessary expense of a change of venue and an inconvenience to all involved. Additionally, a conviction, in and of itself, is not always justice. It won't bring the deceased back to life, and often it is mere vengeance. The definition of justice in a homicide case is no simple matter.
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