Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, September 28, 1994 TAG: 9409280046
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: PEARISBURG LENGTH: Medium
Archie, 28, claims in a writ of habeas corpus that her attorney, Ed Jasie of Blacksburg, was ineffective in adopting a temporary insanity defense without investigating other possible defenses.
Archie was convicted in 1990 of murdering Audra Kinder. The child died Feb. 5, 1989, a day after she was taken to the hospital with severe head injuries. Archie was living with Audra and her father.
The petition, filed by Richmond lawyer Michael Morchower, also claims that Jasie - who died in 1991 - failed to investigate and present character witnesses who would have testified on Archie's behalf.
The state attorney general's office says her claims are baseless and asked the Giles County Circuit Court to dismiss Archie's request for a hearing.
But retired Circuit Judge A. Dow Owens denied that request Tuesday and set a Dec. 6 hearing date.
Archie already has been denied appeals by the Virginia Court of Appeals and the Virginia Supreme Court. Habeas corpus petitions generally deal more with alleged procedural errors rather than the strength of the evidence.
Linwood T. Wells, an assistant attorney general, argued Tuesday that Jasie acted properly throughout his representation of Archie and there should be no hearing that could possibly lead to a new trial. Defendants are entitled to effective counsel, but any error alleged must also carry the burden of showing that the results of the trial would have been different had the alleged error not been made.
All of Jasie's files and transcripts of the case indicate he did investigate every possible avenue of defense, Wells said.
"He essentially had every tiny bit of information that he could have gotten in this case," Wells said.
Audra Kinder died of a fatal wound inflicted within 24 hours - and very likely within hours - of her death. Wells said testimony also showed Archie made conflicting statements about how the child was hurt.
And a character witness would not have been allowed to give hearsay or opinion testimony Archie says would have helped her defense, Wells said.
Given all the evidence against Archie, Jasie developed a temporary insanity defense, which Wells said was "the best he could do."
Morchower argued that a dismissal would be premature because he and Archie had not yet been granted a request for medical records that "will either open up the floodgates or close" them as they seek information to bolster Archie's claims.
Owens agreed Archie was entitled to the records as well as the hearing on her petition.
Archie, who is incarcerated at the state Correctional Center for Women in Goochland, is not eligible for parole until 2003.
by CNB