CLARKSBURG, W.Va. — In a quick hearing Monday morning, a Harrison County man was permitted to withdraw his guilty pleas related to the 2001 robbery and sexual assault of an elderly woman.
Joseph “Joe” Buffey sat next to his attorneys Al Karlin and Michael Hissam as the judge granted their motion, as well as a motion for his release on a $100,000 personal recognizance bond with the condition of electronically monitored home confinement.
After spending around 14 years in the penitentiary for two counts of first-degree sexual assault and one count of first-degree robbery that came as part of a deal with the state in 2002, Buffey will be transferred to North Central Regional Jail to be held while a report dictating the terms of home confinement is finalized.
Circut Court Judge Thomas Bedell told the defense that process takes an average of two weeks, but reported that it was already underway. An agreement between the defense and the state will be submitted for his release rather than calling for another hearing.
The judge also temporarily waived the $50 “hook up” fee that comes with home confinement, as well as the $300 monthly fee.
With Buffey unable to secure any income during his incarceration, a reasonable amount for the fee will be determined at a later date.
The defense secured the right to withdraw the pleas after a state Supreme Court hearing late last year, in which Karlin argued that prosecutors violated Buffey’s rights by withholding exculpatory DNA evidence that indicated another man committed the crime.
“The Court finds the State’s failure to disclose the favorable DNA test results obtained six weeks prior to (Buffey’s) plea hearing violated the Petitioner’s due process rights,” wrote Chief Justice Margaret Workman in the majority opinion.
It’s not clear how the state will proceed with the case, with the options being the case could end in another deal including all the original charges or just the charges related to a separate break in at the Clarksburg Salvation Army, a jury trial dealing with all or some charges or the all the charges could be dropped.
Bedell set a tentative date of March 17 for a status hearing, to determine where they are with the proceedings.