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

DATE: WEDNESDAY, February 20, 1991                   TAG: 9102200257
SECTION: VIRGINIA                    PAGE: B-3   EDITION: STATE 
SOURCE: Southwest bureau
DATELINE: TAZEWELL                                LENGTH: Short

COURT TO HEAR ARGUMENTS IN EALY TRIAL

The state Supreme Court has granted the Tazewell County prosecutor's petition to hear arguments over evidence that was ruled out by a circuit judge in the capital murder trial of 28-year-old Samuel Ealy.

"I'm pleased that my petition was granted," Commonwealth's Attorney Tom Bowen said. "We have a fighting chance. . . . At least we're still in the ballpark."

Ealy is charged in the April 16, 1989, shotgun slayings of Robert and Una Mae Davis and the woman's 14-year-old son, Bobby Hopewell.

A jury was selected in December, but the trial bogged down before it could get under way when Circuit Judge Don Mullins excluded evidence involving Ealy's car because no search warrant had been obtained.

The Supreme Court also agreed to hear arguments on defense attorney Tom Scott's cross-appeal of whether Ealy voluntarily let his car be searched. Both arguments will be heard at the same time.

A decision could be reached by June and the trial could get under way again next fall.

There now is some question whether another jury would have to be assembled. It took three days to get the current jury because of publicity over the case.

by CNB