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

DATE: WEDNESDAY, December 14, 1994                   TAG: 9412140138
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Short

MISTRIAL IS DECLARED IN DRUG CASE

RON BROWN A Circuit Court judge declared a mistrial in a marijuana case against a prison guard after a prosecutor introduced too much information on how the parole system works.

Judge George E. Honts III agreed with defense attorney Buck Heartwell, who argued that the jury might have been inclined to give his client more time if they understood parole.

According to testimony from a prosecution witness, inmates who exhibit good behavior can have their sentences cut by as much as half.

Heartwell argued that the jury could use that information against Donald S. Paderick, who was a guard at the Botetourt Correctional Unit until he was charged with attempting to deliver marijuana to an inmate last May.

Commonwealth's Attorney Rob Hagan said he thought the information about parole was needed if the jury was to understand the inner workings of the prison, which houses about 350 medium-security inmates. But case law dictates that juries not be told about the workings of the parole system before recommending sentences.

Honts released the jury, and a new trial was scheduled for Feb. 14.

by CNB