Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, February 7, 1991 TAG: 9102070420
SECTION: VIRGINIA PAGE: B4 EDITION: STATE
SOURCE: PAUL DELLINGER SOUTHWEST BUREAU
DATELINE: TAZEWELL LENGTH: Short
The ruling came Dec. 11 during the trial of Sam Ealy, charged with the April 16, 1989, shotgun slayings of Robert and Una Mae Davis and the woman's 14-year old son, Bobby Hopewell.
Judge Donald Mullins excluded evidence involving Ealy's car because, he said, no proper search warrant was obtained. Members of the sheriff's office said they happened to spot the car, which they are trying to link to the crime, while at the Ealy residence on other matters.
The trial came to a halt after three days of jury selection when Commonwealth's Attorney Tom Bowen appealed Mullins' ruling.
Bowen argued for a hearing on the appeal during a conference call Tuesday with state Court of Appeals Judges Lawrence Koontz Jr., Bernard Barrow and Norman Moon. It probably will take several weeks for the judges to decide.
If Bowen writes a brief favoring his appeal, defense attorneys then would have 25 days to argue their grounds opposing it. Both sides then would have 50 to 60 days to file additional written briefs before an appeal hearing was scheduled.
Defense attorney Tom Scott already has filed a cross-appeal on another evidentiary ruling made by Mullins. The same time periods would apply to that.
It is possible that Bowen, who has announced he will not seek re-election this year, no longer will be county prosecutor when the case finally comes to trial.
by CNB