Briery Knob -- Chapter 9 -- An Unsatisfying Conclusion
With convictions come automatic appeals. Unless the convicted chooses not to fight. Beard didn’t have many days in his life where he didn’t fight back and he wasn’t going to start now.
In 1995, West Virginia’s Supreme Court of Appeals affirmed Beard’s conviction. They sent the case to a hearing to find out if any of the prosecution’s evidence had developed from leads and information Beard provided as he had been provided with a limited immunity.
A year later a judge determined that evidence had been propertly obtained and all the rules were upheld in 1998 by the Court of Appeals.
Beard’s lawyers next filed a state petition for a writ of habeas corpus. Using Melissa Powers’ notarized notations from her meeting with Joseph Paul Franklin and testimony from Cutlip, they felt they had a chance at getting Beard freed.
They were right and the writ was granted in January 1999, Beard’s conviction was set aside, a new trial ordered and Beard walked out of prison a free man.
The second trial, this time in Braxton County, began in May 2000.
Again, Beard testified and presented his alibi. Beard’s statement, as before, concerned his whereabouts the day of the murders. This time, he added theatrics. Beard tearfully said the ordeal had been difficult.
“It’s been very hard. It’s destroyed my family,” Beard mumbled between sobs.
Beard’s lawyer, Stephen Farmer, pointed to Officer Alkire and claimed the cop had manipulated the case against Beard and forced several witnesses into changing their story.
The trial lasted nine-days before closing arguments began.
When Farmer gave his closing argument to the jury, he said, “If Jacob Beard goes to jail, then none of us are free. Our families aren’t free, our children aren’t free. Twenty years form now someone is going to make up a story about us.”
Stephen Dolly gave the closing argument as Pocahontas County’s prosecutor, Walt Weiford was in the hospital battling a lung infection.
Dolly told the jury the idea of a conspiracy against Beard just wasn’t believable.
Dolly asked, “For all that finger pointing at Alkire, where’s the evidence to support a conspiracy theory?”
“We wouldn’t be here today if Beard hadn’t made that phone call to Durian’s daddy,” Dolly added.
Two-and-a-half hours later Beard was acquitted on May 31, 2000.
Stephen Farmer said, “It’s a great day. The system took some time to work and it’s been years. But now Beard goes home to his wife.”
On the court house steps, Beard told an impromptu press conference, “Truth wins in the end. I don’t know if this will provie it. People who know me know I didn’t do this. My conscience is clear.”
The two girls’ families were confused. Kathy Santomero-Meeham said, “I wish the evidence was strong enough so the jury did not have any doubt. Someone killed her and it seems like Beard was the one.”
Vickie’s sister said, “My hope is we, the family, will be able to remember Vickie for the carinig person she was.”
Three years later, Beard reached a $2 million settlement with the state and he now lives in Florida and has maintained his innocence.