Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 25, 1990 TAG: 9005250441
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: By MARK MORRISON STAFF WRITER
DATELINE: STAUNTON LENGTH: Medium
Augusta County Circuit Judge Thomas A. Wood rejected a request made by Strickler's attorney, public defender William Bobbitt, that the death penalty be prohibited.
Bobbitt argued that the death penalty is unconstitutional and represents cruel and unusual punishment.
He said the electric chair isn't always immediately effective and sometimes offers a slower and more painful method of execution than is necessary.
His request to have it prohibited in Strickler's sentencing was part of a routine motion often filed in capital murder trials.
Virginia law permits capital punishment of any person convicted of murder in the commission of a robbery or abduction who represents a serious threat to society.
Strickler is charged with capital murder, robbery and abduction of the James Madison University student from Roanoke. His trial is scheduled for June 18.
In a hearing held Thursday afternoon in Augusta County Circuit Court in Staunton, Wood ruled against Bobbitt's request without comment.
The judge also overruled motions from Bobbitt asking for more strikes to be used in selecting jurors and prohibiting the questioning of jurors about their beliefs on capital punishment.
Bobbitt said the additional strikes are needed to ensure that Strickler is tried by a fair and unbiased jury. He also argued that because Strickler is on trial for more than one crime, he is entitled to extra strikes.
Normally, prosecutors and defense attorneys are allowed four strikes each in selecting a 12-person jury from a pool of 20 candidates. Bobbitt wanted each side to have eight strikes to be used on 28 prospective jurors.
Assistant Commonwealth's Attorney Richard Moore argued that there are no legal precedents for granting the additional jury strikes and Wood agreed.
Wood also agreed with Moore about questioning jurors on their beliefs for or against the death penalty.
Moore said such questioning is needed to eliminate jurors who steadfastly oppose the punishment and would not impose a guilty verdict in a capital murder trial no matter how convincing the evidence.
Bobbitt contended that the questioning can lead to a jury being selected that is more likely to return a guilty verdict, but Wood rejected the request.
He then asked the judge to allow to separate juries in the Strickler trial - one to hear the case and return a verdict and another to decide on sentencing, if needed.
Bobbitt said the separate juries would ensure a fairer trial. Wood also rejected this second request with no comment.
In another motion filed by Bobbitt asking that the prosecution provide him with more specific information about its case against Strickler, Wood delayed a decision.
Bobbitt wants to know more specifically what evidence or circumstances the prosecution will use in arguing that Strickler deserves the death penalty.
Prosecutors must convince a jury beyond a reasonable doubt that a defendant is a serious threat to society or that the nature of his crime was aggravated and involved torture to the victim.
Moore contended that the request shouldn't be granted because it would require disclosure of trial strategy beyond what Bobbitt is entitled to for preparing a defense.
A decision from Wood on the request is expected this morning.
Whitlock was kidnapped in the parking lot of Harrisonburg shopping mall Jan. 5 and found dead 10 days later in a wooded area near Waynesboro.
A second man, Ronald Lee Henderson, also has been indicted on capital murder charges in Whitlock's death. He is still at large.
by CNB