Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, March 30, 1990 TAG: 9003300114
SECTION: VIRGINIA PAGE: B1 EDITION: STATE
SOURCE: KEVIN KITTREDGE SHENANDOAH BUREAU
DATELINE: COVINGTON LENGTH: Medium
In a two-hour police interrogation in Pennsylvania several weeks ago, Rogers admitted to raping Balsey, a Covington woman who suffered from heart palpitations, as she bled on the floor of her home, one of the interrogating officers testified Thursday.
But Rogers denied taking part in Balsey's murder, said Lt. C.J. Thurston of the Covington Police Department.
Charges against Rogers of capital murder, robbery, rape and breaking and entering with intent to commit larceny were certified to the grand jury Thursday, following a two-hour hearing in General District Court here.
Rogers is accused of murdering Balsey in her home on the evening of Jan. 9.
The elderly Prospect Street resident was beaten, raped and stabbed, according to police. Neighbors found her with a white-handled knife in her back.
Balsey, who friends said was active in church and had a fondness for stray cats, died the following morning at a local hospital.
General District Court Judge William E. Carson Sr. passed the charges against Rogers to the grand jury Thursday despite a motion by defense attorneys to strike the capital murder charge against Rogers for lack of evidence.
Rogers, who was identified by a neighbor who saw him in Balsey's house, claims there were two other people in the house the night the killing occurred, according to police testimony Thursday.
One was Troy Malcom, Rogers has told police. Malcom already is charged in connection with a string of neighborhood burglaries that preceded Balsey's killing. He has not been charged in Balsey's death.
Rogers also claims a man known as "Hillbilly" was present at the time of Balsey's slaying, police testified. He has not said who committed the slaying.
Whoever did it, defense attorneys argued, there is no hard evidence it was Rogers.
Rogers' attorney, Anthony Anderson of Roanoke, said the law requires proof that a man actually pulled the trigger before he can receive the death penalty in a capital murder case.
"The case is woefully short as to this defendant being the individual who actually committed the murder," argued Anderson. "We can't theorize or speculate on whether he was the trigger man. The law just won't allow that."
"In my opinion this matter should be certified as charged," the judge responded.
The grand jury will consider the charges April 9, said Commonwealth's Attorney Chris Alderson.
Rogers, his legs shackled, seemed to listen carefully to testimony Thursday, the muscles working nervously in his jaw as Thurston discussed the alleged rape. The tall, tight-muscled Alleghany County resident wore a white shirt and blue jeans.
Garnette Bryan, Balsey's neighbor, testified Rogers had touched her shoulder the night Balsey died.
Bryan, who said she looked after Balsey, often taking her meals, had gone to check on her neighbor after hearing crashes and sobbing from Balsey's house.
"When I started into the kitchen this man was coming out. He said `She's been taken care of,' " Bryan testified. "And he kind of hit me on the shoulder. Not hard. I said, `I'll just see for myself.' "
"She had a knife in her back," Bryan went on. "It had a white handle. I didn't see it at first because her skin was so white. I thought she was dead. Then she groaned a little."
Bryan said the house was cold, and she found a quilt to lay over Balsey's bare legs and waited for rescue workers and police.
by CNB