Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 3, 1994 TAG: 9403030047
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: MIKE HUDSON STAFF WRITER
DATELINE: WINCHESTER LENGTH: Medium
Dr. David Oxley testified that child murders that are not the result of long-term abuse in the home usually involve sexual molestation. This especially is true in cases where the victims are left naked, Oxley said.
Phadra was found stuffed into a shallow grave in rural Botetourt County. She was wearing only a long T-shirt, which was pulled up so that her lower torso was exposed. A rope was looped loosely around her neck and under her shoulders. Her panties had been left a short distance away.
After the third day of William R. Layne's capital murder trial, Botetourt Commonwealth's Attorney Rob Hagan said the prosecution had proven its case that the murder was sex-related. To win the death penalty against Layne, prosecutors must prove not only that he kidnapped and killed Phadra but also that he acted with the "intent to defile" her sexually.
Layne's lawyers say the prosecution has proven nothing of the sort. Defense attorney W.T. "Pete" Robey said the lack of sexual intent in the crime is shown by Oxley's testimony that he could find no semen or physical injuries indicating sexual assault.
"That's as important as anything in this case," Robey said.
Prosecutors claim that Layne, 41, kidnapped Phadra, his stepniece, from her mother's home in Rockbridge County early Sept. 18, took her to a remote area in Botetourt County and beat her to death with a tire iron. Searchers found her grave four days later.
Along with Oxley's testimony, prosecutors have other evidence they say proves the sexual nature of the crime:
Phadra's mother says Layne showed Phadra a great deal of attention and told a story about a fellow prison inmate who had talked of taking a young girl into the mountains and raping her until she became pregnant and had a baby.
Hagan says this shows Layne's state of mind, just two weeks before the crime and the first time he'd ever been around Phadra for more than a few minutes.
Robey says the story is meaningless, because Layne never said it was something he wanted to do.
A jail inmate named Ronald Hampton says Layne confessed that he had raped and killed Phadra.
Robey suggests Hampton, who has a long criminal record, is lying to gain preferential treatment from authorities. "Mr. Hampton is a piece of work," Robey said. "I'd hate to think that any client of mine would be sent to the penitentiary or the electric chair based on his testimony."
Hagan said Hampton "is a rough individual. But I think he testified truthfully."
Crime lab scientists say tests taken on skin cells found on Layne's genitals and his semen-stained underwear have genetic characteristics consistent with Phadra's DNA.
However, Robey notes that these tests do not show an identical DNA "fingerprint," but instead involve a more general set of genetic characteristics. The genetic type of the cells found on Layne and his underwear is shared by about 6 percent of the population - including Phadra.
The trial is expected to last through this week. However, bad weather in Winchester may cause some delays.
by CNB