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

DATE: SUNDAY, August 6, 1995                   TAG: 9508070064
SECTION: VIRGINIA                    PAGE: B-3   EDITION: METRO 
SOURCE: Associated Press
DATELINE: PORTSMOUTH                                LENGTH: Medium

TRIAL DELAYS RESULT IN SUSPECT'S RELEASE

Portsmouth Circuit Judge Von Piersall dismissed charges of attempted capital murder, abduction, robbery and firearms use against Fred Blount, 22, of Edenton, N.C., on Tuesday.

Under state law, prosecutors have five months from the preliminary hearing to bring a jailed defendant to trial. Blount had spent 16 months in the Portsmouth jail awaiting trial. Some of the delays were caused by motions by his lawyer. That time is not counted under the speedy-trial statute.

Piersall found that, eliminating the delays requested by his attorney, Blount had spent seven months awaiting trial.

Commonwealth's Attorney Martin Bullock said the judge penalized him for delays for which he should not have been held accountable.

``In these circumstances, the commonwealth should have been able to put on evidence that the speedy-trial [limitations] had not run,'' Bullock said.

Piersall could not be reached for comment. Defense attorney Michael Rosenberg declined to comment.

Bullock said he cannot appeal the judge's decision.

``I don't have any recourse,'' he said. ``The court has dismissed the charges.''

Blount and three other North Carolina men were charged with the March 24, 1994, robbery of a Pizza Hut.

Police said the men, armed with shotguns and handguns, entered the restaurant, demanded money and held six employees hostage. An off-duty police officer ordered the men to halt. One robber opened fire, and gunfire was exchanged. The men ran out of the store, taking $65 and payroll checks. No restaurant employees were injured.