Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, February 16, 1991 TAG: 9102160313
SECTION: VIRGINIA PAGE: A-3 EDITION: STATE
SOURCE: MARGARET CAMLIN CORRESPONDENT
DATELINE: COVINGTON LENGTH: Medium
Commonwealth's Attorney J. Chris Alderson has asked for the maximum sentence of life imprisonment for Malcom's role in the robbery, rape and murder of 74-year-old Dorothy Balsey. Malcom also faces a burglary charge and could be sentenced to an additional 20 years for that.
Malcom testified Friday he did not go to Balsey's home the night of Jan. 9, 1990, contrary to what he told police a week later.
Rocky Dale Rogers, who is on death row for Balsey's rape and murder, also testified Friday that Malcom was not with him that night.
But days after the murder, Malcom contacted police and offered to tell them what had happened.
He told police he and Rogers had gone to Balsey's house about 6:50 p.m. and Rogers had broken through her back door, he told police. In a confession attorneys described as hysterical, Malcom said he saw Rogers hit Balsey in the jaw and swing a knife at her three times.
He said he saw brown eyeglasses on the living room floor and saw Rogers get a butter knife from the kitchen drain board while he was searching the pantry.
Malcom said Rogers stole $43 from Balsey, but he did not get any of the money.
But according to his attorney, David Davis, Malcom "was a scared, upset kid who was just saying whatever he could say."
Malcom said Friday that he lied to police "to get them off my back."
"I didn't know anything about it," he testified. "I was just making up all this stuff."
Malcom, who previously has been convicted of 10 felonies, tried to kill himself this week and last week, according to Assistant Commonwealth's Attorney Ed Stein. Twice Malcom has been sent to Central State Hospital in Petersburg for emergency psychiatric treatment.
Alderson had only to prove beyond the reasonable doubt that Malcom participated in any of the felonies that occurred at Balsey's home that night: robbery, burglary, rape or murder.
The jury did not have to find that Malcom struck the fatal blow to convict him of first-degree murder.
Nancy Malcom, Troy's mother, testified that her son was at home the entire night of Jan. 9. But Stein pointed out she had told police a year ago that she had not seen Rogers that night.
On Friday, Nancy Malcom testified that Rogers had come home about 10:30 p.m. Rogers was living with the Malcoms at the time. Malcom's brother, Ricky, also testified that Troy Malcom had not left the house that night.
But a Covington policeman testified that he saw Malcom on the street that night, and a deputy sheriff testified that Malcom had dropped by the Alleghany County Jail to bring cigarettes to a couple of inmates.
Rogers refused to answer the prosecutors' questions. "I'm sorry, your honor, you'll have to find me in contempt of court," he said. Judge Duncan M. Byrd did just that and sentenced Rogers to an extra 30 days in prison.
Because Rogers refused to answer questions from Alderson and Stein, the prosecutors were allowed to enter into evidence a statement Rogers made to police last Jan. 27.
Then, Rogers said he and Malcom burglarized Balsey's home. Rogers said Malcom hit her in the face, knocked her down, and was still beating her when Rogers came back downstairs.
by CNB