THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, July 7, 1995 TAG: 9507070345
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 95 lines
After one last day of flip-flopping and one more mental competency exam, murder suspect Michael D. Clagett decided once and for all Thursday to stick with his not-guilty plea and begin his quadruple-murder trial.
But even after opening statements Thursday, Clagett's lawyers did not reveal how they will defend a man who has confessed repeatedly to the multiple killings.
``There's no question Michael Clagett was involved,'' one of his attorneys, Melinda Glaubke, told the jury. ``However, there is a question about the extent of his involvement.'' She did not elaborate.
Clagett is charged with killing four people execution-style at a neighborhood bar, the Witchduck Inn, in June 1994. He could be sentenced to death if convicted.
Prosecutors say Clagett fired the shots that killed the bar's owner, a bartender, a handyman and a patron as part of a robbery with his lover, Denise Holsinger. Prosecutors say the pair stole $400.
``That's how much they got for four lives,'' prosecutor Michael Moore told the jury.
If not for a bizarre twist of events Wednesday and Thursday, the trial might have been canceled.
On Wednesday, as the trial was to start, Judge Edward W. Hanson Jr. granted a one-day delay at the defense's request. No reason was given, and lawyers on both sides refused to explain it.
On Thursday, however, Commonwealth's Attorney Robert Humphreys said the delay began when Clagett informed his lawyers Wednesday that he wanted to change his plea. Humphreys said Clagett wanted to plead guilty to all 11 charges against him, including capital murder.
The lawyers then huddled with Hanson in his chamber. The judge ordered a new mental competency exam of Clagett, to make sure he was capable of entering a plea that could lead to execution.
The exam, like two previous ones, found Clagett competent, Humphreys said.
Then, on Thursday morning, Clagett changed his mind again, agreeing to the trial after all.
Clagett's lead attorney, Public Defender Peter T. Legler, told the judge in open court Thursday that his client was ready to begin. Just to make sure, Legler turned to Clagett and said, ``Is that right, Michael?''
``Yes,'' Clagett replied.
This was just the latest instance of Clagett's flip-flopping.
Immediately after his arrest, Clagett confessed to police and news reporters. He said he did not want to waste taxpayer money on a trial. He asked to be executed right away.
Then, in April, Clagett's lawyers changed his plea to innocent. They said Clagett should not be allowed to commit legal suicide.
Now, Clagett's multiple confessions will be used against him. Prosecutors said they will show to the jury the tapes of Clagett's confessions to police and a local TV reporter.
In his opening statement to jurors, prosecutor Moore said Clagett confessed to police after a detective told him he had been caught on a videotape inside the bar.
``I did it. Yeah, I did it,'' Moore quoted Clagett telling the detective. ``The worst part is Lam is my best friend,'' referring to LamVan Son, the bar's owner.
Moore said Clagett also told the detective, ``There was no rage to it. . . that.''
Each victim died from one gunshot to the head, medical examiner Leah Bush testified. Son was shot with the gun pressed against the back of his head, Bush said. Wendel G. ``J.R.'' Parrish Jr., a handyman, was shot in the right eye from 1 1/2 to 2 feet away, Bush said.
The other victims - bartender Karen S. Rounds and patron Abdelaziz Gren - were shot in the back of the head from more than 2 or 3 feet away, Bush said.
Emotions ran high as prosecutors showed a grisly videotape of the crime scene, including close-ups of the victims, on a big projection screen. A female juror cried. So did Son's wife. Clagett turned away from a television monitor and refused to watch.
Later, some victims' relatives burst into tears when the medical examiner showed close-up autopsy photos of each victim's wounds.
The prosecution will end its case today. It is not known how long the defense will take.
The defense has subpoenaed Holsinger. She has pleaded guilty to four counts of first-degree murder and will be sentenced July 19.
If Clagett is convicted, a second hearing will be held immediately afterward to determine his sentence - life in prison or death. ILLUSTRATION: Photo
LAWRENCE JACKSON/Staff
Michael Clagett paid close attention to opening statements in his
murder trial Thursday. However, he was unable to watch a videotape
taken at the Witchduck Inn, where four people were killed. If
convicted, he faces execution or life in prison.
KEYWORDS: MURDER SHOOTING TRIAL by CNB