The trial Newport residents have been waiting over two years for, the Commonwealth V. River Metals Recycling case, has been pushed back.
The case, which first saw the light in Campbell County District Court Judge Cameron Blau’s courtroom in January 2021, was initially scheduled for a bench trial on July 7, but was moved to August 14 at 9 a.m.
A final motion hearing was held on Thursday, June 29, because the defendant River Metals Recycling, also known locally as RMR, filed a motion to suppress related to whom the city hired to measure the sound decibel at RMR’s site.
During the hearing, RMR’s representative argued that the expert the city hired to test the sound level meters did not use the correct instrument for that measurement according to a Newport ordinance.
“For the purpose of measuring the intensity and frequencies of a sound, a sound level meter and an octave band analyzer shall be employed that conforms to specifications published by the American Standards Association,” the ordinance reads.
Blau ruled during the hearing that it was a “great argument” but was “premature” and overruled the pre-trial motion. He said the matter could be discussed during the bench trial.
As the defendants in the case, RMR was allowed to choose if they wanted a jury or a bench trial. They selected a bench trial conducted by the judge alone to determine the facts of the case.
