Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 12, 1994 TAG: 9407120101
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: By RON BROWN STAFF WRITER
DATELINE: FINCASTLE LENGTH: Medium
A petition to be filed in Botetourt County Circuit Court will allege that General District Judge Louis K. Campbell violated the First Amendment of the U.S. Constitution and state constitutional law in closing the hearing.
Campbell closed the preliminary hearing of Frank Eugene Beverly over objections by a Roanoke Times & World-News reporter, who told the judge that the news media had a right to have their lawyers heard before the hearing could be closed.
Campbell told reporters that a 13-year-old state statute that allows preliminary hearings in rape cases to be closed seemed clear, and he saw no reason for continuing the case. He then ordered the courtroom cleared of all spectators.
"Judge Campbell's closure ruling, both procedurally and substantively, unconstitutionally suppressed the public's right to attend judicial proceedings, specifically pretrial preliminary hearings," the newspaper's petition says.
Campbell's ruling came after the name of the alleged rape victim was read in open court. The judge allowed members of the news media to return to the courtroom after all testimony in the case had been heard.
Subsequently, Campbell forwarded rape, robbery and abduction charges against Beverly to a grand jury. A grand jury is a citizens' panel that hears evidence and determines whether a case should go to trial.
Beverly, 39, is accused of raping a 45-year-old woman after meeting her at the home of a mutual friend in Clifton Forge.
He has been charged with rape on three previous occasions, but has been acquitted or received a reduced sentence in each case.
In addition to his latest rape charge, he faces two felony counts after being accused of passing bad checks at the Winn-Dixie in Cloverdale.
Sheriff's investigators allege that Winn-Dixie was given 16 bad checks totaling about $1,700.
by CNB