The West Virginia Supreme Court will decide if a St. Albans man convicted in the murder of the his on again, off again girlfriend will get a new trial.
The High Court heard arguments Wednesday in the case of Clayton “Gino” Rogers, 53. It was part of the justices’ argument docket at special on-the-road appearance at West Virginia State University.
Rogers slashed the throat of Laura Amos in a St. Albans house in August 2010. He was convicted of first-degree murder with no mercy in Feb. 2011. He’s serving a life prison term.
His attorney, Crystal Walden, argued Wednesday Rogers’ rights were violated when after he was charged by police he wasn’t taken right away to county magistrate court for an initial appearance.
“They booked him after he confessed. Then, which makes their intentions even more apparent, they told him, after he confessed, of his right to prompt presentment and asked him to waive that right so he could assist them in trying to find the knives,” Walden said. She added Rogers was extremely intoxicated at the time.
Police took Rogers to magistrate court approximately five hours after he was charged.
Assistant state Attorney General Benjamin Yancey says the police followed the law.
“After you’re arrested you have to be promptly presented to a magistrate without unreasonable delay,” Yancey told justices. “The law is not that you have to be directly and immediately presented to a magistrate after you’re arrested.”
Walden also argued there was a conflict between the witness who said Rogers planned the murder Amos and Rogers because they were both represented by the public defender’s office. She says the “battle of credibility” puts at stake whether or not Rogers had the intent to commit first degree murder.
Yancey countered there was strong evidence pointing toward a planned murder.
“You got him threatening to kill her the night before because of this jealously. The day of, he smacked her across the face right before he let her into the house. Minutes later he leads her into the house and minutes after that the witnesses on the front porch of the house heard her screaming and saw him running,” Yancey said.
The Supreme Court will hand down a written opinion on the case later this year.
It was one of four cases argued before students, faculty and staff gathered at WVSU’s Wilson Union Wednesday morning.