Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, June 19, 1990 TAG: 9006190291
SECTION: VIRGINIA PAGE: A3 EDITION: METRO
SOURCE: MARK MORRISON STAFF WRITER
DATELINE: STAUNTON LENGTH: Medium
Nearly 40 prospective jurors from Augusta County were called, and by 7:45 p.m. attorneys had picked 23 candidates from that pool.
Those 23 will return today, and attorneys will narrow the panel to the 12 people and one alternate who will sit on the final jury. Jury selection is expected to conclude today.
The selection process began about 10 a.m. after Strickler pleaded not guilty to the capital murder, abduction and robbery of Whitlock, a James Madison University sophomore. If convicted, he could face the death penalty.
Whitlock was kidnapped Jan. 5 from a Harrisonburg shopping mall. Her body was found a week later in a wooded area five miles north of Waynesboro.
In questioning prospective jurors, prosecutors, defense attorneys and Circuit Judge Thomas A. Wood focused on several issues.
Candidates were asked if they had any religious, philosophical or moral objection to capital punishment.
Only two people said they opposed the death penalty and would not impose the sentence no matter how convincing the evidence.
Other prospective jurors said they were comfortable with sentencing a person to death.
"If the crime warrants it, then it's appropriate," said Loris Jarvis, one of the prospective jurors.
Added another candidate, John Glymph, "If it's deserved, then it should be imposed."
Wood reminded the group that life in prison was another sentencing option available to them if selected for the jury. None of them said they were opposed to that option.
Jury questioning also focused on publicity surrounding the trial.
All said they had at least heard of the Whitlock murder, but despite media reports, most of the prospective jurors said they had not formed an opinion on the case.
Six people said they had already concluded that Strickler was probably guilty based on what they knew about the case. They were excused.
"The main thing that sticks in my mind is: `Why was he with her car if he's innocent? That leaves a pretty strong taste in my mouth that he's guilty,'" said Charles Hanger, a jury candidate.
Strickler has admitted to driving the car that Whitlock was last seen driving. One other potential juror was released because she was the neighbor of a witness who has been called to testify.
Another man was dismissed after telling the court he wouldn't be a fair and impartial juror because he did radio and news commentary at JMU.
Strickler's attorney, public defender William Bobbitt, asked most of the jury candidates if they had close ties to JMU and if that could influence their attitudes toward the trial.
Strickler, who is acting as co-counsel for himself, did not question any of the jurors.
He took notes through much of the proceedings and often combed through his shoulder-length hair with a pencil.
During breaks, he could be seen looking out a second-floor courthouse window and smoking cigarettes.
Prospective jurors also were asked if they would hold it against Strickler if he didn't take the stand in his own defense. Only one jury candidate was dismissed because he said he would.
Opening statements will be made after the 12-person jury is selected. Witnesses and evidence will then be presented.
Commonwealth Attorney A. Lee Ervin has summoned more than 40 witnesses. Bobbitt and Strickler have called more than a dozen.
The trial is expected to run through Thursday.
by CNB