ROANOKE TIMES

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

DATE: THURSDAY, May 31, 1990                   TAG: 9005310629
SECTION: VIRGINIA                    PAGE: B-3   EDITION: EVENING 
SOURCE: MARK MORRISON STAFF WRITER
DATELINE:                                 LENGTH: Medium


ACCUSED SLAYER ALLOWED TO BE OWN CO-COUNSEL

Accused killer Tommy David Strickler will be permitted to question witnesses and act as co-counsel in his defense when he goes on trial June 19 in Staunton, a judge ruled Wednesday.

Augusta County Circuit Judge Thomas A. Wood said Virginia law allows a defendant to represent himself in any trial and therefore is also entitled to be his own co-counsel.

Strickler faces the death penalty if convicted of the capital murder of Leann Whitlock, a James Madison University student from Roanoke who was killed in January.

"Who knows more about this than I do?" said Strickler in a telephone interview from the Augusta County Jail. "I knew where I was, what I was doing and what I was wearing better than anybody."

The idea that he serve as co-counsel at the trial was suggested by his attorney, Public Defender William Bobbitt, Strickler said. Telephone calls to Bobbitt were not returned Wednesday.

Strickler said he has represented himself in court before, but he doesn't know yet what his role will be in the upcoming trial or what witnesses he might question.

"I don't know what all will happen, but if I'm given the opportunity to do it, I'm going to ask the questions that I think should be asked," he said. "What I have to say is important."

So far, Strickler's mother and stepfather and several forensic scientists have been called to testify and more witnesses are expected to be summoned before the trial begins.

Strickler said he has discussed his defense with Bobbitt, but they haven't talked about specific court strategies or other details.

"We have a whole lot more to go over and a lot of questions to ask each other," he said.

He plans to plead not guilty and is not considering an insanity defense, he said, despite undergoing two separate psychological evaluations, both requested by Bobbitt.

Commonwealth's Attorney A. Lee Ervin said the motion for Strickler to represent himself as co-counsel was unusual and took him by surprise.

"I've never come across it before in a capital murder trial," he said. "I don't know what they're planning."

Wood denied two other motions from Bobbitt asking to send a questionnaire to prospective jurors prior to the trial and for a daily transcript of the court proceedings.

Bobbitt wanted the transcripts early the following mornings before the next day in the trial begins. Wood said the court wasn't equipped to grant the request.



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