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

DATE: WEDNESDAY, March 20, 1991                   TAG: 9103200364
SECTION: VIRGINIA                    PAGE: B3   EDITION: STATE 
SOURCE: 
DATELINE: BIG STONE GAP                                LENGTH: Short

PROSECUTOR'S POWERS CALLED INTO QUESTION

A federal judge has dismissed marijuana charges against two Wise County brothers, questioning whether the commonwealth's attorney also can serve as a special assistant U.S. attorney.

Senior District Judge Glen Williams said Wise County Commonwealth's Attorney Tim McAfee was being "vindictive" in his prosecution and that federal charges were filed to cover his unsuccessful prosecution in state court.

Marshall Edward Belcher and Patrick Lee Belcher of Pound had been indicted in state court in 1988 on charges of manufacturing marijuana, but the evidence was destroyed before any tests were performed and before the trial.

A year later, McAfee obtained indictments against the brothers from a federal grand jury.

Williams said in his ruling that he has never known an elected state prosecutor to be a federal prosecutor at the "same moment in time." - Associated Press

by CNB