Bush was convicted of murdering his wife in 1990
The Wyoming Supreme Court ruled Wednesday that paraphrased testimony from the toddler of David Bush did not violate Bush's Sixth Amendment rights and that lower courts were correct to prevent Bush's attorneys from presenting another possible suspect at his trial.
The ruling, written by Justice Marilyn Kite, supports last year's second-degree murder conviction of Bush. He was found guilty of murdering his wife, Lynn Bush.
Attorneys for Bush argued before the Supreme Court in May that testimony from a counselor violated his right to confront witnesses against him. Misty Bush, then 2 1/2, was being treated by the counselor for post-traumatic stress disorder.
Misty Bush, who was 18 at the time of the trial, testified she didn't remember anything connected to her mother's disappearance. However, Lynn Gordon, her former counselor, told jurors about several statements by the girl that appeared to implicate David Bush as the killer.
"… we have held that a child's statements to a medical professional or professional counselor may be admitted into evidence provided the proper foundation is laid," wrote Kite, "that the child's statements were consistent with the purposes for which the witness became involved with the child, and the witness relied on the statements in connection with the diagnosis and treatment of the child."
Additionally, the court ruled that because Misty Bush, now Misty Knievel, testified at trial under oath, "Mr. Bush was confronted with the witness and had the opportunity to cross-examine her and the Sixth Amendment was satisfied."
At the May hearing, Bush's attorneys also argued that they should have been able to present Glendol Bush, David Bush's step-brother, as an alternative suspect for the crime.
To cite Wyoming criminal cases related to arguments about presenting another suspect, the court needed to review cases from 1903 and 1926. The 1903 case centered on an appeal by legendary cattle baron hitman Tom Horn, who was hanged in Cheyenne that year for shooting teenager Willie Nickell in 1901.
More recently, the court also cited the federal government's case against Timothy McVeigh, who was executed in 2001 for the 1995 bombing of the federal building in Oklahoma City.
Kite wrote that evidence related to Glendol Bush "did nothing more than raise a suspicion that Glendol may possibly have been in the area and may possibly have had something to do with the disappearance. … This evidence was speculative and did not link Glendol Bush to the crime charged."
David Bush reported Lynn Bush missing to police in 1990. Her body has never been found, and David Bush has consistently denied killing her.
He is currently serving a sentence of 45 years to life at the state penitentiary in Rawlins.
Posted in Local on Thursday, September 18, 2008 12:00 am | Tags: Cheyenne, David Bush, Lynn Bush, Misty Bush, Wyoming Supreme Court, Appeal, Ruling, Wyoming, David Mayberry, September 18, 2008
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