"I feel it's in the best interest of Mingo County that we stay on the case," Giggenbach said. He did not elaborate.
There are plenty of reasons the new prosecutor could still be disqualified from the case -- namely, if he or she worked with Sparks or has any connection to the Maynard or Crum families, Morrison said.
Right now, former assistant prosecutor Teresa Maynard -- who is not related to Tennis Maynard -- is the temporary prosecutor. She was appointed Oct. 10 on a 30-day basis and isn't sure she'll apply for the long-term position.
Before Sparks' resignation, there were four other assistant prosecutors apart from Teresa Maynard. One, Matthew Chandler, is under investigation by the Office of Disciplinary Counsel and resigned last week.
Although Chandler is referenced in a federal charge against former Judge Michael Thornsbury, Mingo County Commissioner Greg "Hootie" Smith recently told the Daily Mail Chandler resigned for a different reason.
Smith said Chandler works with him at Smith's private practice, and the pair thought it could be improper for Smith as a commissioner to appoint a prosecutor who would then be Chandler's boss. Smith declined to comment on the investigation into Chandler, and Chandler did not return a phone message.
Assistant Wesley White is also under investigation. But he told the Daily Mail this week the investigation has nothing to do with any case in Mingo County. He said he joined the Mingo County prosecutor's office in February of this year.
White did not say he had resigned, but he is no longer listed on the prosecuting attorneys' institute website as an assistant prosecutor in Mingo County.
The two remaining assistants -- Glen Rutledge and Justin Marcum -- are not under investigation by the Office of Disciplinary Counsel, an office representative told the Daily Mail last week.
The Mingo County Commission is accepting applications for prosecutor until Nov. 1. Smith said Monday he expects to appoint a prosecutor Nov. 7. The commission will also pick someone to take the place of former Commissioner Dave Baisden, who recently resigned after pleading guilty to his own federal charge.
As of Wednesday morning, three people had submitted applications for the commission position, Smith said. He didn't think anyone had applied to be prosecutor.
A hearing will be held Nov. 6 to officially push back the trial to March. Whether Kanawha County will prosecute the case remains to be seen.
"I don't know the answer to that question," Plants said. "All I know is we have a March trial date and we're preparing to move forward with the case and prepare for trial."