Jurors in Richard Burrow's fraud trial can't reach a verdict. The judge declares a mistrial.
[VO NAT :06]
And, after forty years in business, owners of a local bowling alley strike out in a new direction.
Tonight on News 7 sports - Steve Mason checks in from UVa where the Cavs are trying to wrap up exams and gear up for the sold-out Tire Bowl.
And the top quarterback in all of Division Three football is supposed to be in this weekend's Stagg Bowl - instead Roy Hampton is facing a drunk in public charge in San Antonio.
Temperatures slip tonight as a cold front moves through. Sunshine but chilly Tuesday.
A deadlocked jury in the fraud trial of Richard Burrow. A federal judge tried to have the panel reach a verdict, then declared a mistrial.
Good evening, I'm Shannon Young. We'll talk to Keith Humphry in just a moment.
[TAPE#1:25:40 on 02-41]
The government has spent six days trying to prove Burrow acted fraudulently in his financial efforts to build the D-Day Memorial in Bedford.
Hours of testimony and reems of paperwork have failed to convince the entire jury that Burrow is guilty.
[Double Boxes=Shannon and Steve/Starlink]
Steve Smallshaw is outside the federal courthouse in Lynchburg.
Steve how did they get to this point?
( ad lib)
[***ROLLED FROM STARLINK***]
(///// SOT /////)
( Steve hands off to Keith)
(Steve hand off to Keith)
We take a look at a little-known practice called jury-nullification.
(///// SOT /////)
[SUPER=01-Darryl Brown/Washington and Lee Law Professor; :17]
[OUT Q=THINK HE SHOULD BE PUNISHED.]
((Jurors often don't know it, but they have absolute authority to decide a case however they wish.
Washington and Lee Law School Professor Darryl Brown points out: while a judge does have the authority to set aside a jury's guilty verdict, he cannot overturn an acquittal.
((THAT'S WHY JURIES DON'T GET INSTRUCTIONS THAT LET THEM KNOW THAT
ULTIMATELY IT'S JUST THEIR OWN CONSCIENCE AND JUDGMENT, THAT THEY HAVE THAT
MUCH FREEDOM IF THEY REALLY WANTED TO USE IT TO JUST RENDER WHATEVER VERDICT
THEY WANT ON RICHARD BURROW.))
The jury is the conscience of the community.
Many of the veterans and others who worked so hard- -along with Richard Burrow- -to get the D-Day Memorial finished in time for last year's dedication refuse to believe Burrow did anything wrong- -no matter what the government says he did.
If the jurors in this case had shared that sentiment, Burrow could HAVE been acquitted.
Professor Brown says, "It's not like they can be fired."
((JURIES CAN'T BE PUNISHED FOR NOT FOLLOWING THE LAW, FOR RENDERING AN ACQUITTAL WHEN A PERSON WAS IN FACT GUILTY.))
Founding father John Adams, a practicing attorney who served as our second President, said, "It is not only the juror's right, but his duty to find the verdict according to his best understanding, judgment and conscience, though in direct opposition to the instruction of the court."
((THE FOUNDING FATHERS' REASON FOR HAVING A JURY IN THE FIRST PLACE AND FOR
HAVING THE DOUBLE JEOPARDY CLAUSE THAT SAYS WE CAN'T PROSECUTE AGAIN AFTER A
JURY ACQUITS WAS PRECISELY THIS KIND OF DEMOCRATIC ASPIRATION THAT THE
PEOPLE- -IN THE FORM OF THE JURORS- -WOULD DOUBLE CHECK THE GOVERNMENT,
GOVERNMENT ACTORS AND BUREAUCRATS IN THE FORM OF PROSECUTORS AND JUDGES.))
A conviction in this case, might have led the jury to wonder about sentencing, but this is not STATE court. A FEDERAL jury has no say in how he'll be punished.
((WELL, JURIES NOT ONLY HAVE NO INPUT ON SENTENCES IN FEDERAL COURT, THEY TYPICALLY AREN'T EVEN TOLD WHAT THE SENTENCE IS GOING TO BE IF THEY CONVICT THE DEFENDANT.))
Professor Brown says that can lead to speculation in the jury room as the jury deliberates guilt or innocence. If the jury feared Burrow could get a lengthy prison term, it might have refused to convict Burrow on that basis alone.
((A JURY COULD CONCEIVABLY SAY, ALL THE FACTS WERE THERE FOR HIM TO BE
GUILTY, BUT I JUST DIDN'T THINK THIS SHOULD BE A CRIME. I DIDN'T THINK HE
SHOULD BE PUNISHED.))
(tag?: rarity of it; no one knows if it's a "nullification" verdict, unless a member of the jury comes out and says the
jury intentionally ignored the law & the evidence.)
[DOUBLE BOXES=Shannon & Keith/Starlink]
The fate of a Blacksburg man charged with murder now rests in the hands of a jury.
The trial for 27-year-old Michael Parks began in Montgomery County Circuit Court today.
Parks is charged with second-degree murder in the death of his girlfriend, Marika Cooper.
Cooper was found dead in her Clayton Estates home July 12th.
Parks told the court he and Cooper got into a heated argument that morning, when he grabbed her and put her into a chokehold.
He said he got scared and left when he saw she wasn't breathing, but, later turned himself over to police.
A jury must now decide whether Parks intentionally tried to kill Cooper or if her death was an accident.
A New River Valley landmark is in its last frame.
More on the future of Triangle Lanes when News 7 at Six returns.
Plus an area college gets back to business after being shut down by a fire.
[TAPE#=02-40 TC 1:55:46]
VDOT says it needs cooperation from the public to make sure a traffic tie up, like the one on Route 220 during an early December snowfall, doesn't happen again.
[SUPER=03-Roanoke Co./December 4;]
The storm December 4th left many motorists stranded for up to 8 hours.
Some have complained about what they felt was a lack of presence by police and rescue personnel.
This morning, Franklin and Roanoke County Police met with State Police and VDOT to discuss the incident, its causes, and ways to avoid similar problems in the future.
They say they'll do what they can but that the public needs to take responsibility, too.
(///// SOT at :26 /////)
[IN Q=We need the public to know that if a storm...]
((LAURA BULLOCK/VDOT: WE NEED THE PUBLIC TO KNOW THAT IF A STORM IS IMMINENT, THEY NEED TO MAKE A VERY INFORMED DECISION ABOUT WHETHER THEY'LL GET ON THE ROAD OR NOT. THIS INCLUDES NOT ONLY DRIVERS OF FOUR WHEEL CARS BUT DRIVERS OF BIG RIGS, AS WELL. IF VEHICLES ARE ABANDONED THEY WILL BE REMOVED AND THERE MAY BE EXPENSE ASSOCIATED WITH THAT. BUT, FAR BETTER TO HAVE ONE HUNDRED ANGRY PEOPLE THAN TEN THOUSAND PEOPLE SITTING IN TRAFFIC.))
[OUT Q=ten thousand people sitting in traffic.]
Bullock adds public service agencies want to invest in communications equipment that will make it easier for VDOT and police crews
to work together during such situations.
Roanoke City residents will get a chance to weigh in on a proposed increase in the water rate.
Today, City Council approved a public hearing on the matter for January 21st at 7 p-m.
Mayor Ralph Smith says the proposed increase will be about 30-percent.
He says the city needs to refill its water department budget since spending on various things to get through the drought.
(///// SOT /////)
[IN Q=we've had]
((RALPH SMITH/ROANOKE MAYOR; WE'VE HAD COST OF ADDING FILTRATION EQUIPMENT WE'VE HAD THE COST OF CREATING NEW WATER SOURCES THROUGH WELLS AND OTHER FILTRATION EXPENSES IN ADDITION TO PURCHASING WATER FROM THE SALEM AND ROANOKE COUNTY.))
[OUT Q=ROANOKE COUNTY.]
Smith says even with the rate hike, the cost of water will remain low compared to other regions.
Roanoke City Manager Darlene Burcham says the level of Carvins Cove is higher thanks to recent weather but that they're still encouraging conservation.
Twenty four hours after a small fire caused extensive smoke damage at the National College of Business and Technology, students are back in class.
Firefighters found a small trash fire when they were called to the college shortly after Six PM Sunday. They contained it quickly, but not before smoke traveled throughout the building.
Today, clean up crews dealt with the damage, after day classes were canceled at the Salem school.
(///// SOT /////)
[IN Q=Our smoke team]
((LEW BISHOP/CAMPUS DIRECTOR; OUR SMOKE TEAM OF 25 PEOPLE TELL US THEY'LL HAVE ALL THE CLASSROOMS CLEANED OUT. WE'RE CLEANING CLASSROOMS FIRST. WE'LL DO OFFICES LATER, SO SOME OF THE STAFF ARE INCONVENIENCED, BUT IT WILL WORK WELL FOR OUR STUDENTS. THEY COME FIRST.))
[SUPER=01-Lew Bishop/Campus Director]
[OUT Q=they come first.]
School officials say evening classes are back on schedule tonight.
Salem investigators are looking into the cause of the fire, but there's no word yet on their findings.
Investors went after bargains following two weeks of losses.
[TAKE DOW & NASDAQ PAGE]
The DOW jumped 194 points.
NASDAQ gained 38.
When it comes to honoring veterans, Virginia stands alone...as the only state that has not anted up for the World War II Memorial in Washington D-C... but that may soon change.
Governor Mark Warner told a group of Virginia's veterans today that he is earmarking 340-thousand dollars for the project.
[IN Q=I DO NOT WANT]
((GOVERNOR MARK WARNER: I DO NOT WANT A WORLD WAR II MEMORIAL BEING BUILT WITH FORTY-NINE OTHER STATES LISTED AS DONORS AND VIRGINIA BEING OMITTED.))
((ROBERT O. GRAY/KOREAN WAR VETERAN: IT HAS BEEN MOST EMBARRASSING TO ME TO GO TO OTHER STATES AND HAVE TO ADMIT THAT MY STATE HASN'T CONTRIBUTED YET.))
[SUPER=01-Robert Gray/Korean War Veteran; :09]
[OUT Q=HASN'T CONTRIBUTED YET.]
Warner also says he wants to improve state services for veterans.
He is proposing the creation of a commissioner of veterans services and the consolidation of existing services into a single department.
Warner said it's unlikely spending for veterans services will increase due to the state's budget crisis.
The governor is expected to announce tomorrow that, despite a shortfall of more than one billion dollars, he will NOT be cutting state mental health services.
Warner will roll out his entire budget Friday.
The new year will signal the end of the game at the Triangle Lanes Bowling Center in Montgomery County.
The landmark's been a fixture on Route 460 in the mall area of Christiansburg since it was built by four local businessmen in 1960.
The property's still run by one of those men, Herbert Alcorn, who says his Park Real Estate company will team up with Laird Development of Tennessee to alter the site for retail use.
He says Laird Development is known for its work with Walgreens Drug Stores.
Triangle will close its lanes January fifth.
Coming up tonight on News 7 Sports - Steve Mason checks in from UVa where the Cavs have done their part to sell out the Tire Bowl.
The Stagg Bowl may be without one of its top players this weekend.
And will Lee Suggs win his second Dudley award, or will UVa's Matt Schaub get the prize tonight in Richmond?
[GRAPHIC=TIRE BOWL 6156]
Continental Tire bowl officials predicted at West Virginia and Virginia would play in front of 40 to 50 thousand fans when the matchup was announced two weeks ago.
But that wasn't even close.
Steve Mason has more on the numbers game and words from Al Groh on a coaches only bowl day.
(///// SOT /////)
[IN Q=FIRST AUDIO]
[SUPER=03-Charlottesville/This Afternoon; :20]
[SUPER=01-Dick Mathias/UVa Ticket Manager; :36(QUICK)]
[SUPER=01-Terry Breeden/UVa Season Ticket Holder Since 1987; 1:19]
[SUPER=01-Al Groh/UVa Head Coach; 1:42]
[OUT Q=...NEWS 7 SPORTS."]
As for the Hokies' date with Air Force on New Year's Eve in the inaugural Diamond Walnut Bowl, there no question that the cross country trek for the Hokies and the trip from Colorado Springs for Air Force isn't helping ticket sales.
Game officials told us this afternoon that about 25 thousand tickets have been sold to date.
The game at Pac Bell park has a capacity of just 37 thousand fans.
The Stagg Bowl kicks off in Salem Saturday at Noon, but it's still uncertain whether or not one of the marquee players in the game will be here.
[SUPER=03-Bridgewater/National Quarterfinals; :00]
Roy Hampton, the record setting quarterback who was scheduled to lead Trinity University against perennial power Mount Union this Saturday, was arrested yesterday and charged with public intoxication.
Trinity head coach Steve Mohr is expected to make a decision regarding his quarterback's status for Saturday's National Championship game by tomorrow.
Hampton was arrested on San Antonio's River Walk following the team's win over St. John's Minnesota.
Hampton leads the NCAA in passing efficiency, and he has 43 touchdown passes this season.
The Heisman was handed out on Saturday night in New York, and tonight it's time for the Dudley to be bestowed upon this year's recipient.
Two years ago Roanoke's own Lee Suggs captured the award after a record setting season in which he rushed for 12 hundred and 7 yards and scored 27 touchdowns.
Suggs was then hurt all of last year, but bounced back with 12 hundred and 55 yards and 20 TDs this campaign.
Suggs is expected to get plenty of competition tonight from Virginia junior Matt Schaub - who led UVa to an 8-and-5 record.
William and Mary quarterback Dave Cawley is the other finalist.
We'll have the winner tonight on News 7 at 11.