Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 13, 1993 TAG: 9307130149
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Medium
Jeff Rudd, Morehead's attorney from Roanoke, told Judge Kenneth Devore Monday he would interview potential jurors individually after Devore took Rudd's motion to have the trial moved out of Montgomery County under advisement.
Morehead, 21, of Pulaski County is charged with the June 1 capital murder, robbery and abduction of Lorna Raines Crockett, a Pulaski County woman who managed a Christiansburg shoe store.
Crockett, 32, was married and the mother of three boys. She was abducted, robbed and killed as she made a night bank deposit for Shoe Show, the Hills Plaza store she had managed for about two weeks.
Morehead also faces six other charges: robbery and abduction of Crockett; attempted robbery and conspiracy to rob Stuart Arbuckle, then a Domino's Pizza store manager almost robbed about five hours after Crockett was shot; and two counts of using a firearm to commit a crime.
Two other people - including Morehead's former girlfriend - already have been sentenced to life in prison for first-degree murder.
William Ray Smith Jr., 19, of Pulaski County avoided a possible death sentence when he pleaded no contest to first-degree murder, abduction, 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.
Katina Lynn Zelenak, 21, of Montgomery County was sentenced to life 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.
Rudd contends that impaneling a jury in Montgomery County now would be more difficult than in April, when a mistrial was declared.
The mistrial came after the court learned one of the jurors was related to a victim of a Pulaski County robbery Morehead is charged with and because Zelenak, while testifying, made reference to the Pulaski County charges she and Morehead face.
Rudd told Devore that the relative of the Pulaski County robbery victim failed to answer truthfully a questionnaire designed to ferret out relatives of victims of crime or people who might already have formed opinions about the case.
If the questionnaires don't work, Rudd said, he will be forced to ask potential jurors if they are aware of the Pulaski County charges Morehead faces - possibly prejudicing the jurors in the Crockett case.
Commonwealth's Attorney Phil Keith suggested Rudd reword the questionnaire. He said some jurors may not realize someone in their extended family had been a crime victim.
Keith also suggested individual questioning of prospective jurors.
"I think we need to get the jury in this particular county," Keith told Devore. "We showed last time how easy it was to do that."
In April, the 12-member jury was selected after about 25 of 60 prospects were interviewed.
Devore granted Rudd's motion to have copies of Zelenak's medical records from Gwyn Polidoro, a licensed clinical social worker.
Rudd said he understood Polidoro had diagnosed Zelenak as having multiple personality disorder. That information would be vital to the defense as it attempts to cast doubt on Zelenak's credibility, Rudd said.
"She may, while on the stand, begin shifting gears," Rudd said.
Keith argued that evidence of Zelenak's diagnosis had been ruled inadmissible in court and that Rudd was not entitled to the documents.
Devore also took under advisement Rudd's motion to bar Zelenak from testifying. Rudd said if she testifies, she would be committing perjury because she has told different versions of events the night Crockett was killed.
Keith said he didn't believe Zelenak's testimony would be substantially different from her testimony at her trial. Giving several different statements does not necessarily mean that someone will testify falsely, Keith said.
Rudd's motion to subpoena Zelenak's attorney, Joe Painter of Blacksburg, and his records will be heard July 28.
Painter is fighting the motion. He says Rudd's attempt to have him testify would violate the attorney-client privilege of confidentiality.
by CNB