ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, March 2, 1991                   TAG: 9103020449
SECTION: VIRGINIA                    PAGE: A/4   EDITION: BEDFORD/FRANKLIN 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium


COURT RULES SHACKLES OK AT SENTENCING

A judge acted properly in refusing to remove shackles from Dennis Stockton's ankles when the murderer appeared before a jury for sentencing, the Virginia Supreme Court said Friday.

In affirming Stockton's death sentence for the second time, the court said the restraints were appropriate because of Stockton's history of escape and verbal abuse of the trial judge.

His attorneys argued on appeal that the shackles were prejudicial because the jurors had to determine whether he would pose a future danger to society.

Stockton was convicted in 1983 of capital murder in the 1978 murder-for-hire of Kenneth Arnder. A Patrick County jury imposed the death sentence, which the Supreme Court upheld in 1984.

A federal court in 1987 overturned his sentence. The case was moved to Newport News for resentencing, where a jury again imposed the death penalty.

In other capital-murder decisions Friday, the Supreme Court:

Ruled that a halfway house can be held liable for a murder committed by one of its residents.

William R. Dudley alleged that the murder of his daughter, Debbie Dudley Davis, resulted from negligence by Offender Aid and Restoration of Richmond.

Timothy W. Spencer was convicted of raping and murdering Davis and three other women in 1987.

Richmond Circuit Judge James B. Wilkinson had dismissed a lawsuit filed Dudley.

The high court said the half-way-house operator is not a public body and therefore does not enjoy the same protection from liability as jail officials or probation and parole officers. The justices also said the halfway house should have known that Spencer was dangerous unless confined.

Spencer is awaiting execution on death row.

Upheld the capital murder conviction and death sentence of George Adrian Quesinberry Jr., who was found guilty last year in the robbery and shooting death of Chesterfield County businessman Thomas L. Haynes.



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