Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 19, 1995 TAG: 9504190049
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: SARAH HUNTLEY STAFF WRITER
DATELINE: LENGTH: Medium
The 12 jurors told Circuit Judge Kenneth Trabue they believed it was Pennington who killed Bonnie Sue Mullins four years ago, and they recommended he be sentenced to 42 years in prison.
Pennington, who is serving time already on federal drug charges, remained calm and showed no emotion as the jurors announced their verdict.
Mullins' daughter, Kim, was the only member of Mullins' family in the courtroom when the decision came in. She, too, showed little emotion, fingering a charm necklace as she looked straight ahead at the prosecutor's table.
Tuesday's verdict capped a dramatic five-day trial that included testimony from a slew of witnesses, many of whom had criminal histories.
One player in the drama, Pennington's former lover Karen Warner, died Tuesday morning. She had been suffering from AIDS. Warner's testimony that Pennington had confessed to killing Mullins the day after the slaying was presented in court by videotape because she was too weak to appear.
Several of the other witnesses who are not serving sentences for other crimes acknowledged they were involved in the area's drug trade.
``Obviously I'm very pleased with the verdict. The jury heard the case and both sides tried it very hard, but they found him guilty,'' Assistant Commonwealth's Attorney Randy Leach said.
The strongest element of the case against the 55-year-old Vinton man may have been the detailed testimony of at least six witnesses, including Pennington's brother, his former girlfriend and federal cellmates, who said Pennington boasted about shooting Mullins.
``There were so many people who said that Frank Pennington told them he had done it and described how he did it,'' Leach said. ``They were unconnected, and all of that added together is probably what swayed the jury.''
Leach added that he has ``no doubts'' that Pennington was the shooter and praised the Police Department for persevering in its four-year investigation of the slaying.
Defense attorney John Lichtenstein tried throughout the trial and again in closing arguments Tuesday morning to show that other people had the opportunity and motive to kill Mullins.
Lichtenstein focused most heavily on Mullins' husband, Jack, and his stormy and violent marriage with the victim. Mullins testified last week that he was with friends in Southeast Roanoke, divvying up marijuana to sell later, when his wife was shot. He and his daughter, Kim, who was asleep in the couple's home on Mount Pleasant Boulevard at the time of the killing, discovered the body by the front door around midnight on April 14, 1991.
The defense also presented testimony Monday from a woman who said an acquaintance of Bonnie Sue Mullins told her he killed Mullins, shooting her through the front door.
Earlier Tuesday, Lichtenstein asked the jury to consider the lack of physical evidence linking Pennington to the scene of the crime.
``The whole time I was listening, and what I was listening for was someone to give me something, anything, on this man,'' he said, pointing to his client.
The case, Lichtenstein told the jury during closing arguments, came down to the standard of reasonable doubt.
After the verdict, Lichtenstein said he was disappointed, but planned to file motions and possibly an appeal. The judge gave the defense until May 12 to complete the paperwork.
``As to the evidence that came in, I think there was reasonable doubt,'' Lichtenstein said. ``But this jury has made its decision.''
The jury followed the prosecutor's request that Pennington be sentenced to 40 years on the murder charge and two years on a related firearms charge. Trabue ordered a presentencing report and scheduled sentencing for June 13.
Staff writer Matt Chittum contributed information to this story.
Keywords:
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by CNB