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By Patsy R. Brumfield
ABERDEEN – Once-convicted David Parvin of Monroe County will remain in jail while his attorneys prepare for his second murder trial to begin Nov. 12.
Tuesday, Circuit Judge Paul Funderburk rejected the defense’s call to free their client, whose 2011 conviction was overturned in April by the Mississippi Supreme Court.
In his five-page order, the judge said Parvin “has failed to meet his burden of proof to convince this court that … his guilt is not evident or the presumption of his guilt is not great.”
A Monroe County jury found the retired economics professor guilty in the 2007 murder of his wife, Joyce. Parvin maintains it was an accidental shooting, caused when he tripped inside their home and the shotgun he carried discharged.
Prosecutor Paul Gault insisted to the judge during a Friday hearing that Parvin Is not emotionally stable enough to be released from the Monroe County Jail, where he’s been held since his June 25 release from a life sentence in state prison.
The supreme court also ordered the case back for a new trial in Aberdeen, saying sufficient questions remain to warrant reconsideration.
The state’s highest court rejected Parvin’s conviction, saying the court erred in allowing the jury to hear ballistics evidence from forensic pathologist Dr. Steven Hayne when Hayne was not qualified to give such opinions.
The appeals court also threw out a graphic depiction of the death scene developed from Hayne’s calculations.
At a new trial, the Hayne ballistic opinions and graphic depiction will not be allowed.
Funderburk first set bail for Parvin shortly before his prison release, but the judge revoked it after reports that Parvin got into verbal and physical scuffles with deputies at the Aberdeen jail.
Parvin’s defense attorney, Jim Waide of Tupelo, told the judge last week that Parvin became upset at his continued confinement when he believed he was to be set free immediately because of the supreme court decision.
A defense psychiatrist also told the court that Parvin would be better off emotionally outside of jail than inside, where he reacts to stress and concerns about his medical condition.