---

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

DATE: SATURDAY, February 15, 1992                   TAG: 9202150165
SECTION: VIRGINIA                    PAGE: A-6   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Short

---

JURY ACQUITS MAN OF RAPE CHARGE

A Roanoke jury acquitted a man this week of rape.

After a two-day trial in Roanoke Circuit Court, the jury found that evidence failed to show beyond a reasonable doubt that James Eddie Fox, 31, raped a 28-year-old woman after a party at a Piedmont Avenue home last May, Assistant Commonwealth's Attorney Alice Ekirch said.

The woman testified that she had gone to sleep when Fox joined her in bed and raped her.

Fox did not testify. But his attorney, Deborah Caldwell-Bono, pointed to testimony showing that the woman had kissed Fox earlier in the night. The defense also questioned the woman's lack of resistance.

It was the second time Fox had been tried on the charge. A mistrial was declared last year after a jury was unable to reach a verdict.

---