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

DATE: THURSDAY, May 17, 1990                   TAG: 9005170373
SECTION: VIRGINIA                    PAGE: B-8   EDITION: METRO 
SOURCE: Associated Press
DATELINE: NEWPORT NEWS                                LENGTH: Medium

JURY ASKED TO SPARE KILLER; ATTORNEY SAYS HE'S CHANGED

"After we have presented our case, you will conclude that Dennis Wayne Stockton is a worthwhile human being whose life does not deserve to be snuffed out," Louis Bograd told the jury.

Stockton was convicted by a Patrick County jury in 1983 of murdering Kenneth Wayne Arnder. Arnder's body was found in July 1978. He had been shot between the eyes with a .38-caliber pistol and both his hands were cut off.

That jury recommended that Stockton die.

The sentence was overturned by the 4th U.S. Circuit Court of Appeals in 1988. The court ruled that the jury was tainted by remarks made by a restaurant owner while jurors were eating. The owner urged them to "fry" Stockton.

The U.S. Supreme Court upheld the lower court's ruling last year. Stockton's conviction was left in place, so a second sentencing trial was scheduled.

Because of publicity, the trial was moved to Newport News.

Anthony Giorno, Patrick County commonwealth's attorney, told the jury that the question of guilt or innocence had been settled. What remained is whether Stockton should spend the rest of his life in prison or die in the electric chair.

"The decision will not be easy. But once you have heard the evidence, there will be no other alternative [than the death sentence], I believe," he said.

The jury will be read the transcript of Stockton's four-day trial. Giorno asked the jurors to pay close attention to the points the prosecution must prove for a death sentence - that the crime was "outrageously vile showing a depravity of mind," and/or that Stockton poses a future threat to society.

Giorno summarized some of the evidence presented at the trial: that witnesses testified Stockton agreed to accept $1,500 to kill Arnders, that Stockton was the last person seen with Arnders, that witnesses testified Stockton killed a second man who witnessed Arnder's death and that Stockton had threatened other people.

Giorno said the prosecution also would present evidence of Stockton's criminal record - including a conviction for escaping from a road gang - and other crimes which Stockton allegedly has admitted, but for which he has not been prosecuted. Giorno said those included the burying of several bodies.

Bograd, however, told the jury that Stockton was a changed man. He said the defense would present three ministers who would speak of Stockton's faith and his commitment to his church. Other witnesses would show that Stockton has been a model prisoner, Bograd said.

"The Dennis Wayne Stockton you pass judgment on is not the Dennis Wayne Stockton of 1982. He has made great strides in rehabilitation," Bograd said.

Stockton was not in the courtroom Wednesday morning. During a Tuesday appearance, Stockton complained about being brought to court in leg irons and asked Patrick County Circuit Judge Frank Richardson to dismiss his attorneys.

Richardson denied the requests, and after another outburst had Stockton removed from the courtroom. Richardson said Stockton could return as long as he promised to control himself.

Wednesday morning, Stockton's attorneys told the court that the defendant was not feeling well. Richardson again issued an invitation to Stockton to return to court, but he declined.