Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 16, 1994 TAG: 9402160033
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: MIKE HUDSON STAFF WRITER
DATELINE: FINCASTLE LENGTH: Medium
They were sitting around the kitchen table, she says, chatting "like girlfriends" about her 11-year-old daughter, Phadra Carter - who her friends were, what she liked to do, how she primped in front of the mirror.
In the midst of this conversation, Cindy Layne says, Billy recounted something he had heard from a guy he had served time with in prison.
She says Billy Layne said "this guy would want to have a child between 10 and 12 years old and take her to the mountains of Tennessee and rape her until she got pregnant. And he said, like, by the time the baby would be born, that the girl would love him."
William R. "Billy" Layne now stands accused of kidnapping Phadra two weeks later with the intent to sexually molest her. Authorities contend he then beat her to death with a tire iron and buried her in a shallow grave in Botetourt County.
At a pretrial hearing Tuesday, Botetourt County Circuit Judge George Honts ruled that the jury in Layne's case should be allowed to hear Cindy Layne testify about the rape-fantasy story.
Billy Layne's lawyers argued that this testimony should be forbidden, because it is hearsay and has no relevance to the murder charges. Defense attorney W.T. "Pete" Robey said Layne's story would show Layne's state of mind only if Layne had added, "I've always wanted to do that" or "I've been thinking about doing that."
Layne didn't, Robey said, so "the only thing it was, was double hearsay from a prisoner . . . an observation of somebody else's state of mind."
Botetourt County Commonwealth's Attorney Rob Hagan said the story goes to the heart of prosecutors' claim that Layne kidnapped Phadra with sex on his mind. To prove capital murder and get the death penalty for Layne, prosecutors must prove that sex was involved.
Hagan said Layne told about the other prisoner's fantasy soon after meeting Phadra and spending hours playing with her and hugging, tickling and teasing her.
"It's striking to know what was on his mind as he got to know this child," Hagan said.
Honts agreed with Hagan, saying this "most unusual story" is clearly something the jury should be allowed to hear and decide whether it is relevant.
Phadra was taken from her home in Rockbridge County early Sept. 18. Her body was found four days later in a grave north of Fincastle. Investigators believe she was beaten to death with 10 blows from a tire iron.
Layne's murder trial begins Feb. 28 in Winchester, where it has been moved because of extensive publicity and community anger.
In the meantime, the attorneys are sparring over what the jury will and will not hear - issues that may be crucial to the trial's outcome.
Despite losing on the issue of the rape-fantasy story, defense attorneys won two victories Tuesday.
Honts ruled that he would not allow prosecutors to introduce a condom wrapper as evidence. The wrapper was found near the murder scene, a short dirt trail cut into some woods in the Flatwoods section of Botetourt. Investigators say the wrapper was new, but they concede there is no physical evidence, such as a fingerprint, that connects it to the crime.
Robey suggested that the trail, which was strewn with several beer cans, a broken zipper and other refuse, was an ideal place for a "lovers' lane." The condom wrapper could have been left by anybody, he said.
Honts also ruled that he would not allow any of Phadra's young friends to testify about what they say she told them Labor Day weekend - that Layne had crawled into bed with her and tried to fondle her. The judge said those comments were hearsay and could not be heard by the jury.
Rules of evidence generally do not allow witnesses to testify about something someone else told them. There are a few exceptions to this hearsay rule - such as for testimony about potentially damning comments made by the defendant himself.
by CNB