Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 11, 1990 TAG: 9004110211
SECTION: VIRGINIA PAGE: B5 EDITION: METRO
SOURCE: NEAL THOMPSON NEW RIVER VALLEY BUREAU
DATELINE: PEARISBURG LENGTH: Medium
Barbra-Jo Archie, 25, is expected to plead that she was insane at the time Audra was beaten. The child died from head injuries on Feb. 4, 1989 - six days after her third birthday.
A jury is scheduled to hear the case in Giles County Circuit Court June 21 and 22.
On Tuesday, Archie's attorney, Ed Jasie of Blacksburg, filed a motion requesting that the trial be moved from Giles County because of media attention to the case last year.
Jasie said he would argue that request after a jury is selected and after he has a chance to question prospective jurors on how much they know about the case.
Jasie filed a stack of newspaper clippings with Circuit Judge A. Dow Owens to show how much has been written about the case. He also said he would subpoena television stations to question them about their coverage.
Audra had been living with her father, Gary, 29, and Archie, his live-in girlfriend. Gary Kinder had custody and Audra's mother, Tambria Hobbs, 24, had visitation rights two days a week.
The parents had for months complained in court and to county Department of Social Services workers that their daughter was being physically and sexually abused - but each accused the other.
Archie initially claimed Audra fell off a chair and hit her head on a door in their trailer near Pearisburg. Now, her attorney is preparing to argue that pressures of the custody battle caused her to go insane.
Archie, who has been free on bond, sat Tuesday in the front row of the courtroom with relatives waiting for her case to be called. She then sat next to Jasie, and did not say a word during the hearing.
Jasie also requested access to all information in the Social Services Department file on Audra. Those records, Jasie said, were needed to show Archie's "state of mind at the time of her alleged involvement with the child and her death."
He said accusations made at the time by the parents and accusations made against Archie by Hobbs put pressure on her.
Owens denied Jasie's request, saying the file was confidential. He said Jasie could cross-examine the social worker in the case, but could not see the whole file.
Commonwealth's Attorney James Hartley agreed to turn over all records in the file that involved Archie, and the judge agreed.
Hartley then made a motion of his own. He said if Archie was going to plead insanity, he wanted a psychiatric evaluation performed. Hartley also asked that the results of any other evaluations by doctors hired by Jasie be turned over to him. Both motions were granted.
by CNB