KEYSER, W.Va. — The West Virginia Supreme Court has reversed the conviction in state of West Virginia v. Jonathan Bourne, who was convicted in a jury trial in Mineral County Circuit Court of sexual offenses in 2010.
Bourne was sentenced to 19 to 55 years in prison by Judge Philip Jordan and has been incarcerated for the last two years waiting on his appeal, according to Keyser attorney Nicholas James.
The circuit court was found at fault for allowing pornographic file names found on Bourne’s computer to be admitted as evidence and also for ruling that the alleged victim’s notebook was inadmissible as evidence, according to the Supreme Court decision.
The decision reverses the circuit court’s denial of Bourne’s motion for a new trial and returns the case to circuit court for further proceedings, which could include a new trial or a plea agreement.
Bourne will be scheduled for a bond hearing and a motion has been filed for him to be transferred to the Potomac Highlands Regional Jail, according to Mineral County Prosecutor Jay Courrier.
Bourne is currently an inmate at the maximum-security Mount Olive Correctional Center in Fayette County.