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

DATE: TUESDAY, June 21, 1994                   TAG: 9406220137
SECTION: VIRGINIA                    PAGE: B5   EDITION: METRO 
SOURCE: Associated Press
DATELINE:                                 LENGTH: Medium

JURIES WON'T BE KEPT IN DARK ABOUT GUILTY DEFENDANTS' PAST

RICHMOND - A new law might allow a jury to hear about Charles Richard Riley's criminal record when he is retried on a rape charge next month.

Riley was convicted of rape in November, but a new trial was ordered because a juror improperly learned about his previous criminal background and told other jurors. A law that goes into effect July 1 will allow prosecutors to tell jurors in felony cases about defendants' prior convictions.

``Now, juries won't be sentencing in the dark,'' Deputy Attorney General Walter Felton said.

Defense attorney Robert P. Geary, who was appointed to represent Riley at his retrial, said he will argue that his client should not be subjected to the new law because it was not in effect when he was arrested or when he was first tried.

``Defendants have certain rights at the time of the arrest, and that shouldn't change,'' Geary said.

The new law creates a ``bifurcated'' - two-part - procedure in all felony jury trials. If a defendant is found guilty, a separate punishment proceeding will then be held. The same jury will be used for both phases of a trial.

During the sentencing phase, prosecutors will be able to present the defendant's record of conviction, including misdemeanor and felony crimes, juvenile convictions and adjudications of delinquency, according to Felton.

``It's a good law,'' said Henrico County Commonwealth's Attorney Toby Vick, whose office will prosecute Riley a second time. ``In order for people to have confidence in their justice system, it has to strike them as sensible. And it's not sensible to have a jury sentence someone with no knowledge of his prior criminal history.''

Geary is less enthusiastic.

``I don't think juries should sentence; I think judges should,'' Geary said. ``That would give more uniformity to sentencing. It makes a jury trial a real crapshoot.''

Riley, who was convicted of abduction, five counts of rape and two counts of sodomy in an attack on a Norfolk businesswoman, has a previous attempted rape conviction.

by CNB