ST. MARYS - The retrial of a Pleasants County man accused of killing an infant in 1981 has been moved to Morgantown.
Richard Alan Poore, formerly of St. Marys, was charged in 2006 in the 1981 death of 3-month-old Richard "Ricky" Allen Poore Jr. He was convicted June 20, 2008, and was sentenced to life in prison without the possibility of parole on Jan. 14, 2009.
In November 2010, the West Virginia Supreme Court overturned the conviction, sending the case back to Pleasants County Circuit Court for further proceedings.
Tyler County Prosecutor Luke Furbee was appointed as a special prosecutor in the case in 2011. Furbee said Wednesday the retrial would be held in Morgantown, but declined to discuss any details concerning the case. Furbee said the change of venue was granted by a judge in response to the defendant's request, but said he would not comment further.
A new trial date has not yet been set, Furbee said.
In its statement in 2010, the high court ruled the prosecution made improper statements during the opening arguments.
They also said the circuit court did not hold an evidentiary hearing to determine if Poore's due process rights were violated in the 25-year delay between the alleged crime and the indictment.
Poore was charged with the death after the autopsy was completed by a new state medical examiner who determined the case was a homicide. Officials said the autopsy report was misplaced before it was completed and returned to law enforcement officials, causing the 25-year delay.
After the report was discovered, Pleasants County law enforcement re-examined the case. Prosecutors allege Poore killed his infant son by shaking him.
