Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, April 15, 1993 TAG: 9304150260
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Long
MISTRIAL DECLARED IN MONTGOMERY COUNTY MURDER TRIAL
A mistrial was declared in the Montgomery County capital murder trial of Paul William Morehead on Wednesday after his former lover began to tell the jury about other charges the two face.Circuit Judge Kenneth Devore dismissed the jury after Morehead's attorney, Jeff Rudd of Roanoke, argued that Katina Lynn Zelenak's reference to two robbery charges she and Morehead face in Pulaski County would prejudice the jury.
While the jury was recessed, Devore also learned that one of the jurors in the case was related to a victim of one of the Pulaski robberies.
"Due to certain errors that Morehead have taken place . . . I'm going to have to declare a mistrial in this case," Devore told the jurors after a 40-minute recess.
Morehead, 21, of Pulaski County had gone on trial Tuesday in Montgomery County Circuit Court, charged with capital murder in the shooting death of Lorna Raines Crockett of Pulaski County in June.
Crockett, 32, manager of a Shoe Show store in Christiansburg, was robbed, abducted and shot to death after making a night deposit at the First National Bank branch at Hills Plaza.
Crockett, a married mother of three sons, was found dead in her car the next morning.
Morehead also pleaded not guilty to six other charges: robbery and abduction of Crockett; attempted robbery and conspiracy to rob Stuart Arbuckle, then a Domino's Pizza store manager who was almost held up about five hours after Crockett was shot; and two counts of using a firearm to commit a crimes.
Last month, William Ray Smith Jr., 19, of Pulaski County avoided a possible death sentence when he pleaded no contest to first-degree murder, abduction, Zelenak robbery and use of a firearm in Crockett's death.
He also pleaded no contest to a charge of conspiring to rob Arbuckle, attempted robbery and use of a firearm.
Smith was sentenced to life in prison plus 70 years.
Smith maintains that Morehead fired both shots, one of which was fatal. Morehead says Smith was the triggerman, and Zelenak says each man fired one shot and that she was forced to drive the car.
Zelenak, who is from Montgomery County, was sentenced to life in prison plus two years after pleading no contest to first-degree murder, robbery and use of a firearm. A jury also found her guilty of the attempted robbery of Arbuckle, conspiracy and use of a firearm in the Blacksburg case.
Before Zelenak testified Wednesday, Rudd had asked the court to consider barring her testimony. Rudd said Zelenak had given a new statement that was different from her several previous statements.
Devore allowed Zelenak, 20, of Christiansburg to take the stand. He told Rudd that if he decided her testimony was perjury, he'd declare a mistrial.
How Zelenak's story would have differed is not clear because of the short time she spent on the stand Wednesday.
The remark Zelenak made about other robbery charges she and Morehead face came after Keith asked her to begin describing the night of the Montgomery County robberies. He had asked her how she came to be the driver for the crimes.
She began to explain that she had been forced to drive out of fear for herself and her family by saying she and Morehead face charges in Pulaski County.
Zelenak and Morehead were indicted in February on charges they robbed Pizza Hut manager Mike Frost and another employee of $2,458 when the two men were about to make a night deposit in Pulaski on May 3.
They also were indicted on charges of robbing a steak restaurant employee in Pulaski as he carried the day's proceeds to his house.
Rudd said a mistrial was necessary because Zelenak's remarks went against court-ordered instructions that she not talk about charges other than those for which Morehead was on trial.
Keith called the mistrial frustrating, but said he did not regret calling Zelenak as a witness. He said she will testify at Morehead's second trial, which likely will not happen for at least six weeks because the court calendar is full.
"She just got rolling with her testimony . . . and it just slipped out," Keith said, adding that he didn't think she made the comment on purpose.
Rudd said he plans to ask for a change of venue for the next trial. He was unsuccessful in his attempt to have this trial moved. A Montgomery County jury of 12 was selected after about 25 of 60 prospects were interviewed Tuesday morning.
Neither attorney would disclose whether a plea agreement was discussed Tuesday or Wednesday. Keith said plea discussions were held weeks ago but rejected.
"I wish we could have concluded the trial. [Morehead's] been waiting for 10 months to have his day in court," Rudd said. "This should have been avoided."
All of the jurors who were selected said they either had not read or heard news accounts about the case, or, if they had, that they had no interest in the outcome.
Crockett's widower, Mike, was not in court for Morehead's trial, but had planned to be there for the verdict.
"I just get tired of them dragging it out" with technicalities, Mike Crockett said Wednesday afternoon when he learned of the mistrial.