Thursday, August 02, 2007
Judge to start Morva murder trial in Montgomery Co.
The ruling opens the door to try to seat a local jury. The court also barred visible sentiment and off-duty officers in uniform.
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CHRISTIANSBURG -- William Morva's murder trial will begin in Montgomery County, where he is accused of killing a well-known sheriff's deputy and a hospital security guard, Circuit Court Judge Ray Grubbs ruled Wednesday at a brief hearing.
Morva's defense lawyers had asked for a change of venue. Grubbs took the motion under advisement, saying the court will try to seat a jury in Montgomery County. The trial is scheduled to begin Sept. 17 and could last three weeks.
Morva, 25, of Blacksburg, is charged with three counts of capital murder in the deaths of two men, Cpl. Eric Sutphin of the Montgomery County Sheriff's Office and Derrick McFarland, a security guard at Montgomery Regional Hospital. Morva faces a third count of capital murder because he is charged with killing more than one person in less than three years.
In another ruling Wednesday, Grubbs granted a defense motion to prohibit off-duty police officers attending the trial from wearing their uniforms and to bar those in the courtroom from wearing visible sentiment for the victims, such as the black aluminum bracelets bearing Sutphin's name and the date he was killed.
On the change of venue, Grubbs said while newspaper and television coverage of Morva's escape from police custody and the McFarland and Sutphin killings were "the most extensive ever witnessed by this court," he ruled that it had been "not so inaccurate or so inflammatory" as to cause bias.
"The defense must demonstrate widespread prejudice in the community" to justify a change of venue, Grubbs said. But if jury selection proves difficult, he may reconsider.
In 2002, the Virginia Supreme Court found that Pulaski County Circuit Judge Colin Gibb erred in denying defense attorneys' request for a change of venue in the murder trial of Jeffrey Allen Thomas. Thomas was sentenced to death for shooting a 16-year-old Radford girl.
Difficulties arose during jury selection in that case when 47 out of 104 potential jurors said they could not be impartial. Thirty-three of those said they believed Thomas was guilty. The justices ruled that extensive news coverage of the case contributed to the problems with seating a jury. They ruled that Thomas should get a new trial. Thomas was sentenced to life in prison as the result of a second trial in 2002.
Trial courts should "keep in mind that justice must not only be fair, it must also be above suspicion," Justice Elizabeth Lacy wrote for the court.
Grubbs characterized the visible sentiment ruling as pro forma. "Never has this court permitted display of insignia," he said.
In the motion to keep law enforcement officers from wearing their uniforms while sitting in the trial as spectators, defense attorney Tony Anderson wrote that "there is a high probability that jury members will be subjected to strong pressures of bias and prejudice against the defendant" if uniforms are allowed.
Such motions are rare in the Roanoke and New River valleys, but common in high-profile murder trials across the country.
Grubbs denied defense motions to allow testimony on Morva's behalf from a risk assessment expert and a prison security expert. The judge decided to review Morva's sealed school and psychological records to determine their relevance to the case.
Morva sat before the judge Wednesday under heavy guard while Grubbs pronounced his rulings. At least 10 sheriff's deputies sat or stood along the walls of the courtroom.
As a high-risk prisoner, Morva -- clad in a red jail jumpsuit and chained around the waist and legs -- also wore an electrical device programmed to deliver a powerful electric shock if he struggled or attempted to escape. He spoke only twice, giving one-word responses to questions from Grubbs.
Neither Morva's defense attorneys nor Montgomery County Commonwealth's Attorney Brad Finch would comment Wednesday on Grubbs' rulings.
News editor Shay Barnhart contributed to this report.
