"The prosecution has filed a motion seeking to revoke Joseph A. Buffey’s bond, and Harrison County Circuit Judge John Lewis Marks Jr. scheduled a hearing on the motion immediately prior to the defendant’s trial in an alleged rape/robbery dating to Nov. 30, 2001. Buffey violated bond by being charged earlier this week with felony fraudulent schemes, Harrison Assistant Prosecutor James Armstrong has alleged. Clarksburg Police Lt. Jason Snider has alleged Buffey broke the law by passing a worthless check worth $1,150.54 on Sept. 26 at the West Pike Street Kroger. Defense attorney Isaac Forman told the court Friday that he’s confident Buffey has defenses to the charge. The check was only made out to Buffey, not signed by him, Forman noted. The attorney also asked the court to set aside the check allegation and allow Buffey to be freed pending his trial so he could assist his attorneys in preparing for what Forman anticipates to be a complex matter. Marks, noting that he hadn’t received the motion to revoke bond until Friday morning, then said he would hear evidence on the request Tuesday morning, when Buffey’s trial is to begin..........Buffey had been free on bond, with home incarceration as a condition, since March 10, when he was permitted to withdraw guilty pleas he entered in the rape/robbery case in 2002. The state Supreme Court ordered that Buffey be allowed to withdraw the pleas after finding the state had violated his rights by not providing him with DNA test results that were favorable to his case prior to his May 2002 sentencing.........Marks also Friday presided over some eleventh-hour issues between the sides. The judge ordered the state to turn over to the defense notes, correspondence, electronic memos and other file materials from DNA expert Dr. Alan Friedman. That relief had been sought by Buffey’s lawyers in a recent motion. But defense attorney Allan Karlin seemed somewhat taken aback when Marks then also ordered that the defense must turn over all similar documentation from its DNA experts. Romano also appeared to signal that the state won’t try to make any kind of DNA link between Buffey and the alleged crimes. Experts have only been certain that DNA found at the crime scene and in a rape kit could be attributed to Adam Derek Bowers, 31, of Clarksburg. He was convicted and sentenced to prison last year in the 2001 attack after Buffey’s lawyers developed DNA evidence that pointed squarely at Bowers. Marks also won’t allow testimony from Buffey’s prior counsel in the state’s case in chief. The judge hasn’t decided yet whether he would permit such testimony in any rebuttal case by the state. Also, Marks, who will decide the case instead of a jury at the request of the defense, said he would permit the attorneys to give an opening statement and closing argument, though the judge also said he’d prefer they didn’t.........Karlin told the court he expected the defense would want to give openings and closings. Romano didn’t signal the state’s intent.........In the cases that have advanced to circuit court, Buffey is represented by Forman and Mike Hissam of Bailey Glasser LLP in Charleston, Karlin, of Allan N. Karlin & Associates in Morgantown, and Nina Morrison and Barry Scheck of the New York-based Innocence Project. Armstrong and Romano are the only two state attorneys on the case."
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