THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, April 28, 1995 TAG: 9504280499
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: Medium: 86 lines
A 35-year-old Virginia Beach man could be sentenced to death today after a Circuit Court jury convicted him Thursday of raping, brutally beating and strangling a 14-year-old Indian River Middle School student on Dec. 11, 1993.
The panel of eight women and four men will decide if Samuel L. Moyler, of the 1300 block of Sagamore Court, receives the death penalty or a life sentence for the murder of Chernise N. ``Lady'' Simmons, a cheerleader and honor student.
The case was based largely on DNA evidence, which put him in a tiny percentage of the black population - one-thousandth of 1 percent - who could have committed the crime. Witnesses said that Moyler, who is African-American, was the last person to see the victim alive.
Forensic scientists found similar DNA patterns in genetic material taken from the semen found in Chernise's body and blood samples police took from Moyler.
``That DNA is science,'' Commonwealth's Attorney David Williams told the jury. ``It's not going to lie.''
``Every piece of physical evidence fails to exclude this defendant,'' said Williams, prosecutor for the case.
Police did not find any murder weapon, fingerprints or witnesses along the littered road that turns off the 2300 block of Elbow Road where Simmons' body was found - beaten beyond recognition, bloodied and wearing only socks.
Moyler, a truck driver, was arrested six months after the body was found, when DNA results revealed that Moyler was the probable killer. He had become a suspect when police learned he was the last person to see her alive - he had arranged to give her a ride to a party that night.
Prosecutors also argued that inconsistent statements Moyler made to police detectives implicated him.
``This defendant told police one untruth after another,'' Williams said. ``This evidence points unerringly to this defendant.''
During the four-day trial, several witnesses - including Simmons' first cousins, Moyler's girlfriend and other relatives - testified that Moyler could not have committed the murder because he was running errands for family members.
But Williams cited inconsistencies in their initial statements to police and conflicting testimony with one another.
``These people have gotten this story together,'' Williams said. ``They cannot explain where the defendant was . . . so they've got to lie about it.''
Moyler, seated beside his two lawyers, held a pen and small notepad and occasionally took notes.
But Moyler became visibly angry during testimony by the detective who first questioned Moyler about the murder. The detective, Michael Fischetti, testified that when he interviewed him, Moyler said, ``It must run in the family, rape and murder'' - because Moyler's nephew was in prison for those crimes.
Defense lawyers argued that the DNA evidence was not conclusive, that there was a lack of concrete evidence linking Moyler to the murder and that the lapses in memory by witnesses were consistent with an event that happened nearly a year and a half earlier.
``We don't have any physical evidence at the scene that in any way implicates Mr. Moyler,'' said defense attorney Robert Byrum. ``It was not a test that could say, `That's the person.' ''
Nevater White, the victim's grandmother, said she is grateful for the conviction and is thankful the trial is over.
``This has been haunting us for one year, four months and 17 days,'' she said, sitting in the back of the courtroom after the verdict. ``We're just thanking the Lord it's over.''
During the trial, White, along with more than a half dozen friends and relatives of the victim, wore royal blue ribbons pinned to their clothing in observance of Child Abuse Month and remembrance of Chernise. They hope to establish a memorial fund for her.
``It's in memory of my granddaughter,'' said White, 57, who raised Chernise since age 1. ``I think about it every day, every night.''
Moyler was convicted of rape in 1981 in Kentucky. In 1990, he was arrested and charged with breaking and entering with intent to commit rape and attempted rape in Chesapeake. The charges were later withdrawn. ILLUSTRATION: Color photos
DNA evidence was used to convict Samuel Moyler, 35, top, of raping,
brutally beating and strangling 14-year-old Chernise Simmons,
bottom.
KEYWORDS: MURDER RAPE SEX CRIME TRIAL CONVICTION by CNB