Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, April 5, 1990 TAG: 9004041271
SECTION: VIRGINIA PAGE: B7 EDITION: STATE
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
The court reheard the case after the panel ruled last September that a prospective juror should have been stricken from the jury panel because he acknowledged that he had been influenced by news coverage of the case. Such a rehearing is unusual in a case in which there is no dissent.
In a one-paragraph order Tuesday, the full court affirmed Karen Diehl's convictions on the manslaughter count and on charges of abduction, felony child neglect and assault and battery. She was sentenced to 31 years in prison after her trial in 1987.
Because the judges split 5-5 over whether Diehl should have been granted a new trial, no opinion was written and the September opinion was vacated.
"Obviously we were pleased with the ruling," said Bert Rohrer, spokesman for the state attorney general's office. "We had felt the trial judge's decision was correct."
Rohrer would not speculate on whether the case would be appealed to the Virginia Supreme Court. If the case is appealed, Rohrer said, "we're going to do all that we can to see that the state's position is upheld."
Robert G. Morecock of Virginia Beach, attorney for Diehl, did not immediately return a telephone call to The Associated Press on Wednesday.
The trials of Diehl and her husband, Michael Diehl, in Virginia Beach Circuit Court received extensive news coverage because of the abuse of Dominic J. "Andrew" Diehl.
The Diehls arrived in Virginia Beach from Idaho in September 1986. They lived in a converted school bus with their 16 children, 13 of whom were adopted and had assorted physical and mental handicaps.
by CNB