Wesley Earnest, 39, listens to opening statements during his trial at the Bedford County Circuit Court in Bedford, Va., Tuesday, March 23, 2010. Earnest is charged with first-degree murder and use of a firearm in a felony in the December …
First-degree murder conviction ousted
Judge tosses man's conviction in wife's death
Updated: Monday, 26 Jul 2010, 12:36 PM EDT
Published : Monday, 26 Jul 2010, 11:47 AM EDT
BEDFORD, Va. (AP) - A Bedford County judge has thrown out the conviction of a former Chesapeake school administrator found guilty of first-degree murder in the fatal shooting of his estranged wife.
Circuit Judge James Updike on Monday threw out the conviction against Wesley Earnest, and set a new trial date for Nov. 8. Jurors had admitted they saw Jocelyn Earnest's journals, even though Updike specifically barred the writings from being included as evidence.
Earnest is a former high school administrator in Lynchburg and Chesapeake. He was convicted in April in the 2007 shooting death of Jocelyn Earnest. The couple were involved in divorce proceedings at the time.
Jocelyn Earnest graduated from West Virginia University and was a member of the Mountaineer women's basketball team.
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