Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, April 1, 1994 TAG: 9404010094
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: RON BROWN STAFF WRITER
DATELINE: FINCASTLE LENGTH: Medium
Layne was convicted in early March of killing and abducting his stepniece, Phadra Carter, after snatching the 11-year-old girl in September from her Rockbridge County home while her mother slept.
Botetourt County Commonwealth's Attorney Rob Hagan aimed his argument Thursday morning at a Winchester jury, which recommended two life terms instead of the death penalty for Layne.
"In terms of justice, there is no justice in this case," Hagan said. "This crime deserves the maximum penalty. He stands to receive the minimum penalty."
Layne plans an appeal.
There could be some risk involved in that.
Several years ago, the U.S. Supreme Court narrowly ruled that capital murder defendants may not face the death penalty on retrial if it was not recommended in their first trial.
But capital punishment critics worry that a more conservative federal judiciary may reverse course and let convicted murderers who win new trials on appeal face the death penalty a second time.
Terry Grimes, one of Layne's attorneys, said the decision is Layne's.
"He said he wants it appealed, so it will be appealed," Grimes said.
Judge G.E. Honts III sentenced Layne to serve two consecutive life sentences, in accordance with the jury's recommendation.
At the earliest, Layne could be eligible for parole in 30 years.
"I consider you a continuing threat to society," Honts said. "I hope you remain in prison for the rest of your natural life."
Hagan drew a picture of Layne as a man unrepentant for the crimes he has committed. Layne was out on parole after serving about nine years of a 52-year prison term for property crimes at the time he killed the girl.
Although Layne was let out of the penitentiary 43 years early, he faces a maximum of 18 years on his previous unserved sentence if his parole is revoked. That 18 years would be served concurrently with his life terms, so his release date would not be affected, a probation officer testified.
"His attitude is, `You shouldn't have caught me because I'm too good a criminal,' " Hagan said. "He thinks he's a good murderer. He thinks he should get off scot-free to murder another child."
Hagan drew a graphic verbal picture of the crime, saying Carter was abducted, sexually molested, beaten to death and chopped into pieces to be buried in a shallow grave in the woods about 50 miles from her home.
"He is a sexual pervert," Hagan said. "He's a career criminal. He is a cold and calculated murderer."
Another of Layne's attorneys, W.T. "Pete" Robey III, argued that Layne, if guilty, can change.
"Billy Layne continues to maintain his innocence in this case," Robey said. "If you subscribe to the principles of the New Testament, there is hope for Billy Layne. We can't give up on anyone."
Honts stuck to the Code of Virginia, which authorizes a life term for capital murder and a life term for abduction with intent to defile.
Hagan hoped life in prison for Layne would not be a pleasant one.
"He has only one place in society," Hagan said. "In the deepest, darkest dungeon we can find."
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