I just got off the phone with the Victim’s Advocate department for the WV Prosecuter’s office. I hope I explain this correctly…
Austin Vantrease has requested a public defender to file a motion to appeal. He was appointed Attorney Rolo of Morgantown, West Virginia. Prior to this, Vantrease hired his attorney for the trial and sentencing with a $10,000 retainer. Perhaps someone with a legal background could clarify this process?
This filing motion is not the actual appeal itself. It is notice that it will be appealed. According to the Circuit Courts Office, all trial and sentencing transcripts were requested by Vantrease’s lawyer. The hunt for a legal “technicality” has begun.
All the above information is public record and can be obtained through the Circuit Clerks office 304-291-7240.
If the appeal is eventually heard, it will be under the jurisdiction of the Court of Appeals at the Supreme Court of West Virginia. After that it would go to the U.S. Supreme Court, but that is almost impossible.
I try not to get angry or frustrated. I really do. Most of the time I’m fine. Still, I just feel like Vantrease is not owning up to all the damage he caused. When did it become okay to not take responsibility for one’s actions? Instead of fighting this, am I wrong to believe he should accept the court’s punishment and pay us the money we sorely need for Ryan’s care?