Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, February 9, 1995 TAG: 9502090076
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
When Elliott L. Finney appeared in Roanoke Circuit Court for trial on charges of rape and abduction, he didn't have a thing to wear - except the navy-blue fatigues issued by the city jail.
``We have been scurrying furiously trying to find clothing for Mr. Finney,'' Assistant Public Defender Michelle Derrico told Judge Diane Strickland.
Assistant Commonwealth's Attorney Greg Phillips, who wanted to try his case without delay, asked why Finney could not wear what he had on the day he was arrested.
``I assume he wasn't naked'' when he came to jail, Phillips said.
It turned out that Finney, 34, did have the clothes he was wearing in October, but they no longer fit him. Derrico acknowledged that the ``high starch content'' of the jail food might have something to do with that.
Expressing concerns about Finney appearing before a jury in jail clothes - the kind of attire that could unfairly prejudice a jury against him - Strickland delayed the trial.
``This is highly unusual,'' said Phillips, who even offered to have the state provide clothes for Finney. ``It didn't matter to us where the clothes came from; we just wanted to get the case tried today for the victim's sake.''
Phillips, who had subpoenaed witnesses and had a DNA expert en route from Richmond to testify, said the delay caused an unnecessary expense of time and money for the commonwealth.
``Mr. Finney has known since the first week of December when this trial was scheduled,'' Phillips said. A new trial date has not been set; the DNA expert's schedule will be a determining factor in choosing the new date.
Finney, who has been charged with rape twice before in Roanoke but not convicted, now faces allegations of forcing a 17-year-old girl into a bedroom in his home and raping her three times.
by CNB