Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, January 20, 1995 TAG: 9501200098
SECTION: VIRGINIA PAGE: B-4 EDITION: METRO
SOURCE: From staff and wire reports
DATELINE: LENGTH: Medium
The state Supreme Court this week rejected a similar appeal, which contended Edmonds' trial attorney was engaged in a serious conflict of interest because he also represented a key witness against Edmonds.
A spokesman for state Attorney General Jim Gilmore's office would say only that the state was aware of the petitions for a writ of habeas corpus and stay of execution.
The attorney general's office contends that it's too late to bring up new arguments. A federal court clerk said U.S. District Judge James Turk will decide Friday whether to hold a hearing on the petition by Edmonds' lawyers.
Donald Lee, director of the Virginia Capital Representation Resource Center, and co-counsel Barry Weinstein said in the petition that they and the defendant learned in November that J. Patterson Rogers III, Edmonds' original court-appointed trial lawyer, had a conflict of interest. They said Rogers simultaneously represented Edmonds and a prosecution witness, and that prevented him from presenting evidence that might have kept Edmonds from being convicted and sentenced to death.
Turk could respond to the petitions with a ruling or a hearing as early as today. No matter what action Turk takes on the petitions, an appeal to the 4th U.S. Circuit Court of Appeals is expected.
Edmonds also has a clemency appeal pending with Gov. George Allen, who had not responded to the request Thursday.
Edmonds was convicted of smashing Danville grocer John Elliott's head with a brick and cutting his throat during a 1983 robbery.
A law allowing death-row inmates to choose lethal injection instead of the electric chair went into effect Jan. 1. Lee said Edmonds has chosen lethal injection.
by CNB