Barnes granted new trial

By MELODIE PHELPS

News Editor

The guilty verdict a Wayne County jury returned against a Russell County man accused of murder has been overturned by the Kentucky Supreme Court. Beckham B. Barnes will be given a new trial, according to the ruling handed down December 19.

Barnes was found guilty in the shooting death of Troy Miller in May 2001 by a Wayne County jury. The case, which originated in Russell County, was moved to Wayne County for trial. Barnes was sentenced to 22 years in prison following the trial.

The trial continued over a six-day period in Wayne County under Circuit Judge Eddie C. Lovelace. Commonwealth Attorney Larry Rogers presented the case against Barnes to the local jury.

According to the facts of the case, outlined by the Supreme Court ruling, Miller was shot to death in a surveying office operated by Barnes. The two were former business associates who occasionally worked together on projects.

Barnes testified that he and Miller had worked together on a project in his office until about 10:07 p.m. on April 1, 1999. Barnes stated that he would not allow Miller to print the finished project from his computer until they had settled up payment of fees for several other projects.

Barnes then alleged Miller left and he was awakened several hours later, early on April 2, by the sound of a dog barking. He realized there was someone in his office and then was fired at. Barnes said he returned fire with a rifle he kept in the office and then ran back to his residence.

Barnes claimed he killed Miller in self-defense.

The recent Supreme Court ruling reversed the trial court ruling and ordered Barnes to be tried a second time because they ruled, "the prosecutor’s closing argument violated (Barnes) right to a fair trial."

The ruling by the Supreme Court noted that the trial judge sustained 29 objections during the closing statement by the prosecutor and admonished the jury eleven times.

"Many of the sustained objections pertained to misstatement of the evidence," the ruling stated. "Others included a reference to the fact that the prosecutor’s son was a state trooper, and a comparison of this case to the O.J. Simpson trial."

The ruling continued, "The most egregious, however, and one to which defense counsel’s objection was overruled, was the prosecutor’s statement to the jury that to acquit Barnes would be a crime worse than murder."

The ruling noted that Supreme Court cases "have consistently held that a prosecutor may not imply that an acquittal would be equivalent to a criminal act."

"I am disappointed in the opinion," said Rogers, when he was contacted earlier this week. "The statement they are so upset about came from a very famous case, the Jeffrey McDonald case."

Rogers said he would try the case again, and he would bring the issue of trying the case in Russell County before Judge Robert L. Wilson.

"I am eager to try it again," said Rogers. "We know his defense and we know a lot more about this case than before."

Barnes was scheduled to appear in Russell Circuit Court before Judge Wilson Monday morning for a bond hearing. No other dates have been set yet in this case.

© The Wayne County Outlook

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