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

DATE: SUNDAY, March 27, 1994                   TAG: 9403250056
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: 
DATELINE:                                 LENGTH: Medium

MARSHALL JUROR DEFENDS SENTENCING

As a juror for the murder trial of Kelly Marshall, I would like to respond to the recent letters to the editor. I certainly understand the pain and distress that the family of Tabitha Jo Bell must feel in the murder of their loved one. I do not, however, take responsibility for any additional pain that they may have felt regarding the verdict. The family, as well as Kelli Joyce who was "so utterly disgusted" by the jury's verdict, can benefit from understanding the position and limitations of the jury.

Yes, Kelly Marshall brutally murdered Tabi, and yes, the jury found him guilty of that murder, giving him the maximum sentence of 20 years. While it was established by the evidence that the murder was willful and deliberate (second degree), the question of premeditation (first degree) was not as clear. Furthermore, even if first-degree murder is indicated, the jury was instructed that if the murder occurred during the "heat of passion" as was indicated by Marshall's unrefuted confession, then the jury would find the defendant guilty of murder in the second degree. Also, under Virginia state law, Tabi's pregnancy could not be considered by the jury.

The jury in this case was not heartless or unfeeling - we took the evidence as presented in court and applied the law as instructed. We were not afforded the luxury of emotions, biases, or being "armchair jurors." It is not the jury's job to be convinced by the prosecution - it is the prosecution's job to convince the jury. That did not happen. The "obvious" verdict (as stated by Kelli Joyce) was not the same verdict decided by the 12 jurors, who listened to all the facts and applied the law.

The jury is not on trial - nor do we wish to be the scapegoats of people who feel that the legal system is unjust. We tried Kelly in the courtroom - you are trying him and the jury in what amounts to a public lynching. Just who is it that is truly unjust?\ Jury Foreman Blacksburg

Note: The name of the juror is being withheld to protect the anonymity of the jury.

by CNB