CLARKSBURG, W.Va. — A status hearing for a man who recently was allowed to withdraw guilty pleas to a 2002 conviction in Harrison County was canceled Thursday.
Attorneys did not disclose what issue was brought up to the court before Joseph “Joe” Anthony Buffey’s appearance but indicated a motion may be filed by the judge at a later date.
Buffey –with the backing of Morgantown Attorney Al Karlin and the New York-based Innocence Project— earned the right to withdraw the pleas involving the 2001 robbery and sexual assault of an elderly woman after a state Supreme Court ruling late last year.
The high court determined that Buffey’s rights were violated when prosecutors withheld DNA evidence completed during the plea deal phase.
That evidence excluded Buffey and was later used to convict another man of the crime.
Up until withdrawing his pleas, Buffey was in the process of serving out a 70 year sentence for two counts of first-degree sexual assault and one count of first-degree robbery.
He was approved for release on a $100,000 personal recognizance bond with the condition of electronically monitored home confinement.
No date has been set for a trial and no date has been set as of Thursday afternoon for a future hearing.