Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, June 19, 1990 TAG: 9006190544
SECTION: VIRGINIA PAGE: A-3 EDITION: EVENING
SOURCE: MARK MORRISON STAFF WRITER
DATELINE: STAUNTON LENGTH: Medium
Nearly 40 prospective jurors were questioned Monday and 23 were approved in jury selection proceedings that lasted from 10 a.m. until 7:45 p.m.
Those 23 people returned today, and attorneys settled on 12 jurors and one alternate. After the jury was selected, more than 50 potential witnesses were sworn in and removed from the courtroom.
Opening statements were expected to begin before the lunch recess. Monday's jury selection began after Strickler pleaded innocent to the capital murder, abduction and robbery of Whitlock, a James Madison University sophomore. If convicted, he could face the death penalty.
Whitlock was kidnapped Jan. 5 from a Harrisonburg shopping mall. Her body was found a week later in a wooded area five miles north of Waynesboro.
In questioning prospective jurors, prosecutors, defense attorneys and Circuit Judge Thomas H. Wood focused on several issues.
Candidates were asked if they had any religious, philosophical or moral objection to capital punishment.
Only two people said they opposed the death penalty and would not impose the sentence no matter how convincing the evidence.
Other prospective jurors said they were comfortable with sentencing a person to death.
"If the crime warrants it, then it's appropriate," said Loris Jarvis, one of the prospective jurors.
Added another candidate, John Glymph, "If it's deserved, then it should be imposed."
Wood reminded the group that life in prison was another sentencing option available to them if selected for the jury. None of them said they were opposed to that option.
Jury questioning also focused on publicity surrounding the trial.
All said they had at least heard of the Whitlock murder, but despite media reports, most of the prospective jurors said they had not formed an opinion on the case.
Six people said they had already concluded that Strickler was probably guilty based on what they knew about the case. They were excused.
"The main thing that sticks in my mind is: `Why was he with her car if he's innocent? That leaves a pretty strong taste in my mouth that he's guilty,' " said Charles Hanger, a jury candidate.
Strickler has admitted to driving the car that Whitlock was last seen driving. One other potential juror was released because she was the neighbor of a witness who has been called to testify.
Another man was dismissed after telling the court he wouldn't be a fair and impartial juror because he did radio and news commentary at JMU.
Strickler's attorney, public defender William Bobbitt, asked most of the jury candidates if they had close ties to JMU and if that could influence their attitudes toward the trial.
Strickler, who is acting as co-counsel for himself, did not question any of the jurors.
Today Wood ruled that although Strickler is acting as co-counsel, the judge prohibited him from using closing arguements to testify on his own behalf without giving Commonwealth's Attorney A. Lee Ervin the chance to cross-examine.
Strickler took notes through much of Monday's proceedings and often combed through his shoulder-length hair with a pencil.
During breaks, he could be seen looking out a second-floor courthouse window and smoking cigarettes.
Prospective jurors also were asked if they would hold it against Strickler if he didn't take the stand in his own defense. Only one jury candidate was dismissed because he said he would.
The trial is expected to run through Thursday.
by CNB