CLARKSBURG, W.Va. — Joseph Buffey will not face a jury of his peers when he goes to trial in October.
The man who plead guilty to sexually assaulting an 83-year-old Clarksburg woman in 2001–only to withdraw his guilty plea this past February following a ruling by the State Supreme Court of Appeals–waived his right to trial by jury in favor of a bench trial in front of Judge John Lewis Marks Jr.
Buffey’s defense team–consisting Thursday of Charleston attorney Mike Hissam and Allan Karlin of Morgantown–argued that local, state, and even some national media attention would make it nearly impossible for Buffey to receive a fair trial from his peers.
Assistant prosecuting attorney Dave Romano said the state did not agree with the premise of the argument, but chose not to object to the motion.
Both sides agreed that if Buffey were to waive his right to a trial by jury in favor of a bench trial, that waiver would be binding.
The State Supreme Court of Appeals previously ruled that Buffey had the right to withdraw his guilty pleas after the state withheld exculpatory evidence in the form of DNA evidence that indicated another man may have been responsible for the sexual assault. Buffey served 14 years in prison following his guilty plea.
Adam Derek Bowers–the man the DNA evidence pointed to–is now serving 70 years in prison in connection to that crime.
The State had the right to bring the charges against Buffey again following the ruling by the Supreme Court of Appeals that allowed Buffey to change his plea. In addition to believing he was involved in a string of robberies that led to the assault, the State is arguing that both Buffey and Bowers were involved in the attack.
During Thursday’s pre-trial motions hearing, the State and Buffey’s defense sparred over exactly which charges–some of which were dropped in the original plea deal–will be brought up again in court.
Judge Marks denied the defense’s request to dismiss charges that were dismissed in the plea deal.
Additionally, the victim, now 98, will not testify at the trial.
The victim originally told police that the assault was committed by only one perpetrator, but police have argued that based on her statements it is more plausible that two people were involved in the assault.
Buffey is currently free on bond.
The trial is set for October 11.