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

DATE: TUESDAY, July 27, 1993                   TAG: 9307270106
SECTION: CURRENT                    PAGE: NRV-8   EDITION: NEW RIVER VALLEY 
SOURCE: New River Valley bureau
DATELINE: CHRISTIANSBURG                                LENGTH: Medium

JUDGE SAYS LAWYER CAN BE SUBPOENAED FOR MURDER TRIAL

Morehead's attorney, Jeff Rudd of Roanoke, filed a motion in Montgomery County Circuit Court to subpoena Blacksburg lawyer Joe Painter, who represents Katina Zelenak, 21.

Commonwealth's Attorney Phil Keith said Judge Kenneth Devore ruled that Rudd can subpoena Painter, but not his records.

Morehead, 21, is charged with the capital murder of Lorna Crockett of Pulaski, a mother of three.

Before he filed his motion, Rudd said he was concerned about the effect Painter may have had on Zelenak and her latest statement regarding Morehead's involvement in Crockett's death.

Crockett was abducted while making a night bank deposit for Shoe Show, a Christiansburg store she managed.

Rudd has said he was concerned about the number of times Painter had visited with Zelenak at the jail. Rudd said Painter had made at least 70 visits in the three months before her preliminary hearing.

Rudd told Devore during an earlier hearing there was "good reason to believe . . . Mr. Painter thinks he's causing her to remember [but] she's actually manipulating him."

Painter has said his co-counsel, Randy Jones, probably had been with him to visit Zelenak on 30 to 40 occasions.

Painter contested Rudd's motion. He said Rudd's attempt to have him testify would violate the attorney-client privilege of confidentiality and a Supreme Court ruling that only a prosecuting attorney can subpoena a defense lawyer in a case.

Morehead also faces six other charges: robbery and abduction of Crockett; attempted robbery and conspiracy to rob Stuart Arbuckle, then a Domino's Pizza store manager almost robbed about five hours after Crockett was shot; and two counts of using a firearm to commit a crime.

Zelenak already has been sentenced to life plus two years after pleading no contest to first-degree murder, robbery and use of a firearm. A jury also found her guilty of the attempted robbery of Arbuckle, conspiracy and use of a firearm in the Blacksburg case.

William Ray Smith Jr., 19, of Pulaski County avoided a possible death sentence by pleading no contest to first-degree murder, abduction, robbery and use of a firearm in Crockett's death.

He also pleaded no contest to a charge of conspiring to rob Arbuckle, attempted robbery and use of a firearm. Smith was sentenced to life in prison plus 70 years.

Zelenak testified at a September preliminary hearing that each man fired a shot at Crockett. Rudd says Zelenak's first statements to police did not implicate Morehead to the extent her latest statement did.

The murder charge against Morehead was upgraded to capital murder at the preliminary hearing.

His first trial ended in a mistrial. Another trial is scheduled for Monday.

The mistrial came after the court learned one of the jurors was related to a victim of a Pulaski County robbery Morehead is charged with and because Zelenak, while testifying, made reference to the Pulaski County charges she and Morehead face.