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

DATE: FRIDAY, August 19, 1994                   TAG: 9408190097
SECTION: VIRGINIA                    PAGE: B1   EDITION: METRO 
SOURCE: PAUL DELLINGER STAFF WRITER
DATELINE: MARION                                 LENGTH: Short

GILMORE REQUESTS TUGGLE RULING REVERSAL

Attorney General Jim Gilmore filed a request Thursday with the Fourth U.S. Circuit Court of Appeals to reverse a federal judge's ruling that granted a new trial for twice-convicted murderer Lem Tuggle Jr.

He announced the filing at the first of four regional meetings scheduled to seek public support for his and Gov. George Allen's attempt to abolish parole at a special legislative session next month.

The meeting was in Smyth County, where Tuggle was convicted of second-degree murder in 1972 for the strangulation of Shirley Mullins Brickey and sentenced to 20 years. He was paroled in 1983, four months before the shooting death of Jessie Havens in Smyth County.

In 1984, Tuggle was convicted of capital murder in Havens' slaying and given the death penalty, which he has been appealing ever since. Several weeks ago, U.S. Judge James Turk granted a new trial, which Gilmore now is trying to stop.

Gilmore met privately with the Havens and Mullins families to tell them of his action in the case. "I think they're frustrated by a criminal justice system that takes so long," he said.

Under the plan proposed by him and Allen, he said, parole would end in 1995, the average sentences for violent first-time criminals would double and prison time would increase for repeat criminals.

"If these new sentences had been in place when Lem Tuggle was convicted of killing Shirley Mullins Brickey, he would not have been on parole the day Havens was shot. He could have been serving a 40-year sentence instead of 20 years. And of course he would not have been eligible for parole," Gilmore said.

by CNB