THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, May 27, 1995 TAG: 9505270452
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 60 lines
Jurors on Friday viewed the former bedroom of capital murder defendant Derek R. Barnabei, charged with raping and slaying an Old Dominion University college student in 1993.
``The court feels that it could be of some benefit to you,'' Circuit Judge William F. Rutherford told jurors of the unusual outing. ``This is an extension of open court.''
What jurors saw was Sarah J. Wisnosky's bloodstains on a water bed headboard and the walls in the house in the 800 block of W. 48th St. They also were bused to the site on the Lafayette River, where the 17-year-old freshman's nude body was discovered floating face down by police Sept. 22, 1993.
Before the jurors left, Rutherford told them they would not be allowed to wander alone through the house. They would also be prohibited from making any statements, asking any questions or talking among themselves.
Prosecutors and defense lawyers agreed that Commonwealth's Attorney Chuck Griffith would lead the tour, simply identifying rooms in the house. The judge allowed only jurors, defense attorneys, prosecutors and deputies on the tour.
Barnabei, who could get the death penalty if convicted, was well known among members of ODU's Tau Kappa Epsilon fraternity and had smooth-talked his way into the college scene, prosecutors said.
A high school dropout who claimed to be a Rutgers University graduate, Barnabei was a notorious ladies' man, prosecutors said.
He had met Wisnosky on several occasions and invited her to attend several fraternity parties. On the night of her death, Wisnosky called her roommate and said she was with Barnabei, the roommate testified.
The hazel-eyed, brown-haired teen from Lynchburg was discovered the next day after a passer-by walking her dog told police parked nearby that a mannequin appeared to be floating in the water.
Wisnosky was struck at least 10 times with a blunt object on the right side of her face and head, testified Deputy Chief Medical Examiner Faruk B. Presswalla.
The weapon, possibly a ball peen hammer, left cuts and bruises on her face, and crushed part of her skull, Presswalla said Friday.
Marks on her neck led Presswalla to believe that Wisnosky had also been strangled, he testified.
If prosecutors cannot prove that a rape occurred, Barnabei cannot be convicted of capital murder.
Presswalla testified that there were injuries that would not occur ``in normal sexual intercourse.''
Prosecutors have said these injuries indicate that Wisnosky was raped.
Presswalla never actually said Friday that Wisnosky was raped. However, he did say the victim's injuries were consistent with sex where some sort of force was applied.
Yet when pressed by defense attorney James Broccoletti, Presswalla agreed that the injuries could be caused by ``rough sex.''
KEYWORDS: TRIAL MURDER by CNB