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

DATE: FRIDAY, August 12, 1994                   TAG: 9408120097
SECTION: VIRGINIA                    PAGE: B3   EDITION: METRO 
SOURCE: RON BROWN STAFF WRITER
DATELINE: FINCASTLE                                 LENGTH: Short

JUDGE: CLOSING HEARING AN ERROR

A Botetourt County judge says he erred in not allowing the media to have their lawyers argue against the closing of a preliminary hearing in a rape case last month.

General District Judge Louis K. Campbell had cleared media representatives from the courtroom during testimony in the case of Frank Eugene Beverly, who had been acquitted or received reduced sentences after being charged with rape on three previous occasions.

The Roanoke Times & World-News challenged that ruling in Circuit Court. Campbell's admission to the error is a result of that lawsuit.

He said in a court order that "any member of the public or press shall have access to any further proceedings held by the General District Court in these matters."

Several court cases have established the media's right to have lawyers present their case before trials can be closed.

Assistant Commonwealth's Attorney Douglas Schroeder urged the closing, citing a 13-year-old statute that allowed preliminary hearings in rape cases to be closed.

Despite objections from a reporter, Campbell said he saw no reason to delay the hearing so that media attorneys could be heard. The charges were sent to the grand jury.

Beverly, 39, is accused of raping a 45-year-old acquaintance.

by CNB