Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 5, 1994 TAG: 9403050130
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: WINCHESTER LENGTH: Medium
Keith Brewer, who shared a cell with Layne at the Rockbridge County Regional Jail, testified that Carter told him he had sex with Phadra over Labor Day weekend.
The unexpected testimony gained some credibility because the day before Layne's preliminary hearing, Brewer evidently told a sheriff's deputy details about the case that hadn't been made public.
Chris Blalock, a deputy with the Rockbridge County Sheriff's Office, testified that Brewer knew that Layne had twisted Phadra's legs back around her neck. Investigators found her body bent that way in a shallow grave in Botetourt County four days after she was taken from her home.
That wasn't revealed publicly until the pretrial hearing.
Brewer's testimony could hurt Layne's chances of escaping the electric chair if he is convicted of murder.
Prosecutors claim that Layne, 41, kidnapped Phadra, his stepniece, from her mother's home Sept. 18. To win the death penalty against Layne, prosecutors must prove not only that he killed Phadra, but also that he acted with the "intent to defile" her sexually.
"It is damaging testimony. There's no question about that," said Terry Grimes, one of Layne's attorneys. But Grimes also questioned Brewer's credibility and said calling him to testify was "a desperate attempt by the state to bolster a weak case."
Both the prosecution and defense attorneys rested their cases Friday, and the case is expected to go to the jury after closing arguments today.
Layne's trial was moved from Botetourt County to Winchester because of the intense publicity and public outrage over Phadra's death.
Brewer grabbed the weeklong trial's spotlight Friday. The Roanoke man - who served a six-month prison sentance for a federal misdemeanor charge of destroying property - was a surprise late witness.
Prosecutors had been unable to locate him to subpoena him to testify, although he was on the witness list.
But on Wednesday, Brewer returned to Roanoke and called the 911 emergency number and said he was ready to testify.
"We called him because we found him," said Botetourt Commonwealth's Attorney Rob Hagan.
Defense attorney Pete Robey was able to partially discredit Brewer during the cross-examination. Brewer told Robey that he had been in the same cell with Layne for two weeks, but a jailer testified that he had been there only three days.
Brewer's testimony was nearly disastrous for the prosecution, because he referred to Layne's criminal record. Grimes immediately asked for a mistrial.
Circuit Judge George Honts denied the motion, but he clearly was disturbed.
"If something like this happens again, then I might have to mistry this trial," he said after removing the jury.
In testimony earlier this week, Phadra's mother also had mentioned Layne's criminal history.
Honts - at the request of the defense counsel - then told the jury that none of Layne's previous convictions involved violent crimes. He's been convicted on several counts of robbery.
Also on Friday, a DNA expert testified that skin cells taken from Layne's genital area have genetic characteristics similar to Phadra's. Jeff Ban, section chief for the state's DNA crime lab, noted that the tests don't show an identical DNA fingerprint.
They do, however, show that the cells found on Layne are shared only by 6 percent of the population. Phadra is in that group.
Layne's attorneys offered little defense against the charges, and Layne refused to testify on his own behalf. The defense's main witness was a Winchester clinical psychologist who testified that Layne's behavior was consistent with that of an alcoholic.
Layne had told police that he had been drinking and did not remember what happened the weekend Phadra was slain.
by CNB