Trial set to begin in W.Va. slaying

Grove was beaten with fists and a tire iron, court documents say.

Hess went to City Hospital in Martinsburg at about 7:20 p.m. that day, where he made statements that led hospital personnel to call the West Virginia State Police, court records show.

Later that night, police found Grove's body in an orchard, court records state.

Berkeley County Prosecuting Attorney Pamela Games-Neely said she expects the trial to last two or three days.

She said she anticipates the defense will argue that Hess suffered from "diminished capacity."

Court documents allege that Hess told West Virginia State Police troopers that he had been drinking and smoking crack cocaine that evening.

"It's a straight-forward case," said defense attorney Craig Manford.

Manford said an argument of diminished capacity could be used in case of a conviction to allow for mercy.

If a jury recommends mercy, a convicted defendant in a first-degree murder case could be eligible for parole in 15 years instead of facing life in prison without hope of parole.

The defense will not argue that Hess is incompetent to stand trial. He was evaluated by psychiatrists who determined "he is competent to stand trial and help with his own defense," Manford said.

The trial is scheduled to begin this morning before Berkeley County Circuit Judge Christopher Wilkes.