ROANOKE TIMES

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

DATE: MONDAY, June 25, 1990                   TAG: 9006250305
SECTION: VIRGINIA                    PAGE: A-3   EDITION: EVENING 
SOURCE: DWAYNE YANCEY STAFF WRITER
DATELINE:                                 LENGTH: Medium


SAVINO PLANS APPEAL

Convicted killer Joseph Savino Jr., who had previously dropped all appeals and said he wanted to die in Virginia's electric chair Friday, changed his mind Sunday night and signed papers to seek a stay of execution.

Savino - who had been sentenced to death for fatally beating his homosexual lover in Bedford County in 1988 - said he finally relented after being pressured by lawyers and family members.

"Over the last couple days, they kept chipping away at me," Savino said in a telephone interview from the Virginia State Penitentiary early today. "I figured I could give it another shot. I have nothing to lose."

Savino's father visited with him over the weekend, begging his 31-year-old son to change his mind.

But the elder Savino said he hadn't changed his son's mind when he left to go home to New York Sunday morning.

However, his two attorneys - whose names he couldn't remember - stayed with him, Savino said.

"They kept going through the transcript, finding some very strong points," Savino said. "I can't go into any detail;" however "they had some convincing arguments. . . . It looks really good for a new trial."

At a news conference today, representatives of the Virginia Coalition on Jails and Prisons - an anti-death penalty organization - took credit for helping convince Savino that he should go through with the appeals process.

They read a statement that Savino had issued Sunday night, saying it was the persistence of his family, attorneys and coalition members that had caused him to change his mind and decide to fight his execution through appeals.

"Because, if all these people are wiling to fight, I should and will do my part," his statement said. "Now, let's kick a--."

"We're really pleased. It's a great day for those of us who oppose the death penalty," said coalition spokesman Duane Hudson.

But there were no lawyers present at the news conference to say on what legal basis they were pinning hopes that an appeal might be successful.

Hudson said the coalition's concern extends to several other Virginia inmates who are on death row and in the last stages of the appeals process.

"Virginia could be the scene of a terrible bloodbath," Hudson said. Gov. Douglas Wilder "could preside over more executions than any governor in modern history" before Wilder's term ends in early 1994, he said.

The coalition spokesmen did not hold out much hope that Wilder would block the executions for others on death row whose last hope may be a stay granted by the governor.

Although Wilder previously opposed the death penalty, he switched his position in favor it when he first ran for statewide office in 1985. The coalition spokesmen said they thought that "deep down" Wilder was still personally opposed to the death penalty but politically would have to prove that he was tough on crime by letting the executions proceed.

About 10:30 p.m. Sunday, Savino signed an affidavit authorizing his attorneys to go to Bedford County Circuit Court Judge William Sweeney today to seek a stay of execution.

Then he called his father. "He was extremely happy," Savino said. "I don't think he's ever been so happy."

At one point, Savino had asked Gov. Douglas Wilder to allow his execution to be televised.

Savino has said he beat Thos McWaters, 64, on the head with a hammer and then repeatedly stabbed him while in a cocaine-induced craze because the older man repeatedly demanded sex.

Richmond Bureau writer Margie Fisher contributed information to this story. A5 A3 SAVINO Savino



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