Lisa Marchesoni
Posted: Monday, January 11, 2010 3:13 pm

A husband and wife convicted in 2008 of killing her first husband 28 years ago were denied new trials Monday in Circuit Court.

Gary and Candance Bush of U.S. Highway 41 South (Manchester Highway) were convicted of first-degree murder of her first husband, Lynn Orrand, in September 2008. They are serving life sentences.

Candance Bush’s brother, Kevin Patterson, testified his sister and Gary Bush, her boyfriend, hired him to kill Orrand while he hunted Jan. 16, 1982 at her parents’ property Richland-Richardson Road.

The Bushes asked Circuit Court Judge Don Ash for new trials but Ash denied their requests. The couple did not communicate with each other during the hearing.

They were expected now to appeal their convictions to the Court of Criminal Appeals.

In motions, defense attorneys John Norton, who represents Candance Bush, said Kevin Patterson admitted shooting Orrand. Witnesses testified Candance Orrand wanted husband Lynn Orrand dead because she had an affair with Bush.

‘There was no competent evidence that corroborated Kevin Patterson’s testimony against Mrs. Bush,” Norton said.

Prosecutors introduced witnesses who testified she had an affair with Bush but no one tied her to the death of her husband, her attorney said. As a matter of law, there has to be corroborating testimony.

Also, Norton objected to a state transcript entitled “Phone call between Gary and Jason” Riley, a state informant.

The jury was supposed to determine if Riley had a taped conversation with Gary Bush, Norton argued.

Norton also asked for a new trial because Ash:

• Failed to remove District Attorney William Whitesell and his staff from prosecuting the case.

• Instructed attorney Jeff Henry to testify about private matters between he and client Candance Orrand.

• Mentioned out of the jury’s presence the state already had the person who killed Orrand when the defense questioned witnesses about other possible suspects.

• Chose two alternates without the attorneys’ knowledge.

Assistant District Attorney Paul Newman countered Norton’s arguments, saying several state witnesses corroborated Patterson’s testimony when they saw the couple kissing and Candance Bush received income.

“She received the benefits of death,” Newman said.

Henry testified about public records involving Bush, the prosecutor said. Also, there was no problem with the way Ash selected the alternates.

Attorney John Mitchell, who represents Gary Bush, said he questioned the way Ash selected the alternates.

Ash said he selected the alternates by pulling their names out the way he’s supposed to do.

Mitchell said he didn’t see the judge pull the names.

“It had the appearance of being pre-selected as one of the jurors I noticed took copious notes” that might have made a significant difference in the verdict, Mitchell said.

Ash denied both motions.

In his written decision filed Monday afternoon, Ash said the evidence was sufficient to convict the Bushes of first-degree murder.

Also, the judge noted he pulled the alternate jurors names before the jury began to deliberate. The court does not have to publicly draw the names. He drew the names during closing arguments.