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Convicted Murderer May Get Second Chance
Posted Thursday, November 12, 2009 ; 06:18 PM | View Comments | Post Comment
Updated Friday, November 13, 2009; 10:07 AM


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Michelle Michael is in the Lakin Correctional Center for killing her husband, James.

Story by Jessika Lewis
Email | Bio | Other Stories by Jessika Lewis

CHARLESTON -- The West Virginia Supreme Court of Appeals heard motions filed on behalf of a woman convicted of murdering her husband in 2005.

Michelle Michael asked the justices to appoint a new attorney for her and allow her a hearing to contest her imprisonment at the Lakin Correctional Center.

The high court voted 5-0 to return Michael's case to Judge Robert Stone, who presided over her trial in 2007, for that hearing, according to Jennifer Bundy, the court's press information officer.

Morgantown Police arrested Michael in March 2006, after it was discovered that her husband, James, died from a dose of a nondepolarizing neuromuscular blocking drug.

They said Michael administered the drug to her husband, then set their Killarney Avenue home on fire, with him inside.

Michael has maintained her innocence.

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THANK U MARGARET
11/15/09 at 8:30 AM
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Thank you for the input, finally someone with some intelligence, I agree 100% with your comments and I am eager to see what may happen with someone with some legal knowledge could do in this case, a fair trial, something we as Americans deserve! Thank you Margaret!
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margaret
11/15/09 at 6:57 AM
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Finally, a chance at a fair trial in the great, biased state of West Virginia. Nowhere have I run into "good ol' boy" politics as I have in this state. Whether or not she is guilty, she deserves a fair trial, something she was denied from the very start. Why was the original autopsy report concealed? Why is no one able to get a copy of it, including private invesigators and attorneys? Do those who live in this state realize that West Virginia is one of only two states in this great nation of ours that doesn't automatically allow an appeal? The Supreme Court in this state determines whether or not a convicted felon even deserves the right to be heard by the State or Federal government. A right to an appeal is a given in 48 of the 50 states, not here, not now, maybe never unless the voters of this state wake up and realize they are far behind the "legal" times. Every one deserves the right to exhaust their legal avenues- especially if they feel they have been unjustly convicted, whether it be because of unjust and unqualified legal representation, as in the case of Tom Dyer (an attorney poorly qualified to go to court and handle a drug case, much less a murder charge). Thanks and kudos to the Supreme Court of West Virginia to, at the very least, recognize that there are flaws in the system, flaws that spilled over into this case by the mere lack of adequate representation. This case is no longer about innocence or guilt, but it should be about the lack of qualified, unbiased representation. Do your jobs this time- be fair, be just, and make sure you listen to everyone and hear ALL the evidence. I have read the transcripts and gone through hours and hours of paperwork- the whole case was misrepresented. There is absolutely NO direct evidence, no reasonable and explainable motive, nothing to prove that Michelle, rather than divorce her husband as she did with her first husband, planned a murder days after Thanksgiving, as the family was pulling out the Christmas tree and lights, getting ready for the holiday. Please lets just see a fair trial in this state of "politics as usual." Whatever the outcome, the people of this great state deserve the right to "politics as usual" as it is understood in most legal arenas. It only takes one look at the fiasco with Don Blankenship and his hunting and fishing buddies to realize what the price is of a fair trial, or rather what the price is to have something forgotten. Maybe it was just expiditious to forget to admit evidence, perhaps it was just simple inexperience to forget to call witnesse for the defense, to overlook plain and simple truths. At least there is a chance at a fair trial, achance to make sure that there is nactual evidwnce to back up a conviction, a chance to make sure the attorneys EARN their keep. Step outside the box, whoever is chosen to represent this case further. This is a nationally recognized case, treat it a such, make the citizens of West Virginia proud of their legal system. If we are going to convict, let's do it with evidence and proper reqpresentation, not out of desperation to find guilt wherever it is easiest.
User Comment
no clue
11/14/09 at 11:34 AM
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Check back at the story on wboy, she made no attempt to get the insurance money for herself, she wanted to make sure her ex didn't have control of the $ she DID want it to go to the kids she fought for the kids to have the money, period. maybe we should gun down everyone convicted eh? At least she worked and paid into the system so some of the "tax dollars " she contributed to, have u?
User Comment
revsloan
11/14/09 at 10:41 AM
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Just shoot this moron in the face. That's what should have been done after her conviction.
User Comment
Can't believe it
11/13/09 at 10:10 AM
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I can't believe she is getting even a chance at a new trial. It is a waste of tax payer money. She was convicted, and tried to get her husbands life insurance, insted of letting the children have it. I'm not sure how that one turned out. She needs to rot in jail for what she did. She murdered a good man and then tried to cover the evidence by committing arson.
User Comment
Let them do their job...
11/13/09 at 7:20 AM
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Obviously the 5 members of the High Court saw something amiss, let them do their job, these are highly educated individuals that deal with things like this Everyday not someone forced to sit on a jury hoping to get home to eat dinner & watch tv. The shreds of doubt must have been there of they never would have agreed. Reel E. hope u never have to walk in those shoes u may be executed b4 someone could review your situation...lets hope not
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Reel E. confused
11/13/09 at 7:00 AM
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Do you have any idea of the percentages of wrongful convictions? Execute within 30 days of sentencing? What if it was a friend or relative of yours & you still believed in their innocence? Just hang them now and apologize later? the "shreds" of doubt are there I have closely followed this case, if you had perhaps you'd have a more "educated" outlook. Let the truth prevail
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Crock Odile
11/12/09 at 10:26 PM
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Why is she smiling for her mug shot? What a psycho.
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Reel E. confused
11/12/09 at 9:00 PM
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I am very confused. This woman was convicted of murder by a jury of her peers where there can be no shred of doubt, she is still alive, I am paying for her incarceration with my tax dollars, she doesn't like her life sentence and is now able to appeal. Honestly, why even be a law abiding citizen? Why do we not execute those convicted of murder within 30 days of sentence?

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