
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, May 26, 1990                   TAG: 9005260390
SECTION: VIRGINIA                    PAGE: A3   EDITION: METRO 
SOURCE: Mark Morrison
DATELINE:                                 LENGTH: Short

JUDGE GRANTS DEFENSE REQUEST FOR EVIDENCE

Prosecutors in the upcoming capital murder trial of Tommy David Strickler were ordered Friday to turn over specific evidence in their case to the defense attorney.

Public Defender William Bobbitt asked an Augusta County judge Thursday for any evidence or circumstances the prosecution plans to use in arguing that Strickler deserves to die in Virginia's electric chair.

Bobbitt argued that he needs the information in preparing Strickler's defense.

Strickler faces trial June 19 on capital murder of Leann Whitlock, a James Madison University student from Roanoke who was killed last January.

Circuit Judge Thomas A. Wood granted Bobbitt's request for the additional evidence on Friday after thinking about it overnight.

Prosecutors must convince a jury beyond a reasonable doubt that Strickler is a serious threat to society or that the nature of his crime was aggravated and involved torture and cruelty to the victim.

The commonwealth's attorney objected to the request for additional evidence, contending that it would require disclosure of trial strategy beyond what Bobbitt is entitled to for preparing a defense.

by CNB