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 didn't intend 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 was given limited immunity.
In 1998 a judge, with the Court of Appeals, determined evidence was properly obtained, and the ruling stood.
Beard's lawyers next filed a state petition for a writ of habeas corpus. With Melissa Powers' notarized notations from her time with Joseph Paul Franklin and testimony from Cutlip, they expected a chance at obtaining Beard freedom.
They expected correctly, and the writ granted in January 1999, Beard saw his conviction aside, a new trial ordered and he 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. This has 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 from now someone is going to concoct a story about us."
Stephen Dolly gave the closing argument as Pocahontas County's prosecutor, Walt Weiford battled a lung infection in the hospital.
Dolly told the jury the idea of a conspiracy against Beard was just not 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, "This is a great day. The system took some time to work, and took years. But now Jacob goes home to his wife."
On the court house steps, Beard told an impromptu press conference, "Truth wins in the end. I don't think this verdict will prove it. People who love 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 were 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 caring 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.
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Briery Knob
No Ficción"Briery Knob" is the story of a double murder in the backwaters of West Virginia, a town which closed ranks around the slayer and a serial killer who hatched a plan to get the real perpetrator freed and pocket $2 million of West Virginia's money. Ni...
