THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Monday, November 4, 1996              TAG: 9611020013
SECTION: FRONT                   PAGE: A8   EDITION: FINAL 
TYPE: Letter 
                                            LENGTH:   40 lines

LEARN THE ABCS OF THE JUSTICE SYSTEM

I am writing concerning your Oct. 17 editorial dealing with the Troy Lynn Webb case. When I read the first article, I was disheartened by the quote from the unidentified juror, who said that she would have expected an innocent man to present evidence to prove his innocence. Obviously, this is a juror who not only misunderstood the burden of proof in a criminal case, but who misrepresented those views under oath. No juror holding those beliefs would be allowed to serve.

The concern I felt after reading of the juror's ignorance and misrepresentations, however, was far surpassed by the amazement I felt when I read your editorial. It is one thing for a citizen to misunderstand the criminal-justice system. It is quite a different matter for an editor of the daily paper to be so obviously ignorant as to the requirements of criminal law. In that editorial you question why the public defender chose to present no evidence in a ``largely circumstantial-evidence trial.'' You then opine that an aggressive defense might have spared Mr. Webb a prison sentence.

I am appalled that an editor with your paper does not accept or is ignorant of such a basic tenet of American justice as the concept that a defendant has no requirement to prove his innocence. Further, I question the characterization of the evidence as circumstantial when most of the evidence in the case consisted of a direct, eyewitness identification.

In 1989, when Troy Webb was prosecuted, I was employed by the Virginia Beach commonwealth's attorney. I am now employed by the public defender's office. I agree with your assessment of the manner in which Mr. Humphreys and Mrs. Albert handled this matter. However, research would show that the jury reported that they were unable to reach a verdict and were given the ``Allen charge'' before voting to convict Mr. Webb. Certainly this indicates a vigorous defense. Mr. Webb's case was indeed a tragedy. However, before condemning the defense attorney, please study either the transcript or, at least, the Constitution.

THOMAS L. WATKINS

Virginia Beach, Oct. 20, 1996 by CNB