ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, July 12, 1996 TAG: 9607120062
SECTION: VIRGINIA PAGE: B-4 EDITION: NEW RIVER VALLEY
DATELINE: ALLEGAN, MICH.
SOURCE: Associated Press
A congressman, family, neighbors, public officials - dozens of people went on record Thursday supporting the release of a Virginia college president jailed without bond in the death of his wife.
The letters, addressed to Allegan County District Judge Gary Stewart, are not intended to show that John Upton, 64, is innocent of the crime. Instead, they describe a man of strong character, unlikely to flee if released while this stunning case winds through the legal system.
And at least one letter gives details of Upton's condition just hours before Kathleen Upton, 63, was bludgeoned, stabbed and suffocated at or near their exclusive cottage along Lake Michigan in Douglas early July2.
``His appearance shocked me - stooped shoulders, a sad, troubled look in his eyes as if he carried the worries of the world on his shoulders,'' Peggy Hayes of Douglas said.
``It is totally impossible to believe that in his `right' mind John could possibly have killed his wife,'' she said.
Defense attorney Frank Stanley filed the letters in advance of a new bond hearing this afternoon.
Authorities say Upton, president of Rappahannock Community College, admitted to a 911 operator that he had killed his wife. Kathleen Upton had a history of mental illness, an affliction that may play a role in his defense.
``What we have read in our local paper is beyond our comprehension,'' wrote Rep. Herbert Bateman, R-Newport News. ``I am confident that Dr. Upton will abide by the order of the court'' if released on bond.
A Grand Rapids psychiatrist, Dr. Steven Berger, said he examined Upton for three hours July4.
``Mr. Upton poses no risk of harm to himself or others if he is released from jail. ... His being alone is detrimental to his mental well-being at this time,'' said Berger, who also recommended psychotherapy.
Upton's daughter, Kathleen Cook of Norfolk, described her father as a ``credible, dependable, gentle man.''
``The family will provide father with a safe, nurturing environment,'' she said.
A cousin, Fred Gielow Jr. of Boca Raton Fla., said he knew Kathleen Upton had problems.
``John never complained about his lot in life,'' Gielow said. ``He took what life dished out and made the best of it. He didn't blame Kathy.''
The Virginia letter writers also include Edwin Barnes, president of New River Community College in Dublin; state Sen. John Chichester, R-Fredericksburg; Del. Harvey Morgan, R-Gloucester; and Warsaw Mayor William Herbert.
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