Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, April 23, 1995 TAG: 9504250018
SECTION: VIRGINIA PAGE: B-7 EDITION: METRO
SOURCE: SARAH HUNTLEY STAFF WRITER
DATELINE: LENGTH: Medium
The 57-year-old bail bondsman is no stranger to the legal system, having racked up three lower-court convictions on similar charges since 1989. Two of the convictions, however, were thrown out on appeal, and prosecutors were unable to raise Roberts' criminal history in front of Thursday's jury.
``It's gotten to the point of absurdity with him. He's been found guilty in the county several times. Judges have taken it under advisement and ordered him to get counseling,'' Commonwealth's Attorney Skip Burkart said in an interview. ``If the jurors knew what his past history is, they'd convict him in less than 10 minutes.''
As it was, this week's trial took all day and stretched into the evening before the jury delivered its guilty verdict on one count of trespassing and one count of peeping into an occupied dwelling. Roberts was fined $1,500.
``Quite frankly, we felt like they were going to acquit him,'' said Roberts' defense attorney, Charles Phillips. ``I thought we raised reasonable doubt; and I think some of the jurors did, too, given their sentence. They didn't give him a single day of jail time."
Burkart, who prosecuted the misdemeanor case himself, put Roanoke County police officers on the stand. Two of them had been assigned to keep watch over the Sans Souci and Mews apartments in September after a four-month rash of burglaries.
Shortly after 12:30 a.m. Sept. 21, Officer David Flynn, who was dressed in camouflage and posted under a pine tree at Sans Souci, saw a man walking alongside one of the buildings. He followed him and watched as the man cupped his hands and peered into two apartments, Flynn said.
As the suspect looked into the second glass patio door, Flynn approached him, shined his flashlight and yelled for the man to stay put. That was when Flynn recognized Roberts, he said.
Flynn told the jury he has known Roberts for nine years because he comes into contact with the bondsman professionally. Flynn also said they used to live in the same neighborhood.
Roberts took off on foot, Flynn testified, and ran nearly a quarter-mile across Sans Souci property into a wooded area that borders Garst Mill Park. Hindered by thorny rose bushes and locust trees, he lost sight of Roberts in the woods, Flynn said.
Roberts was stopped and questioned two hours later, as he was driving to his home on Casey Road in the Bennett Springs area of the county. He had scratches on the palms of his hands and several nicks on his face. There was dried blood on his hands, Flynn said.
When Roberts took the stand, he said he had cut his hands on the blade of his lawn mower while doing yardwork that day. Roberts also told the jury he had been at his ex-wife's trailer home all evening and fallen asleep there. He awoke about 2 a.m. and decided to head home, he said.
Carol Roberts corroborated Roberts' alibi, saying she had asked her ex-husband to come over because she was having problems with her water heater. He waited for the plumber until about 9:30 p.m. while she attended a meeting, she said. Shortly after she returned, Roberts fell asleep on her sofa. She said she awoke around 12:30 a.m. and Roberts still was sleeping on the couch.
Burkart tried to cast doubt on the credibility of Carol Roberts' testimony after he questioned her about assault and battery charges she had filed against her ex-husband in 1992. Carol Roberts broke down in tears and acknowledged that she had perjured herself then because she was suffering from a prescription drug addiction. Roger Roberts was cleared of the assault and battery charge during the 1992 hearing.
Phillips, who often had the jury laughing with his wit and ``Matlock''-style presence, also put witnesses on the stand who testified that Roberts suffers from a knee injury and would have been unable to outrun the 35-year-old Flynn.
Phillips said his client would pay the fine.
Memo: NOTE: This story was incomplete in some editions Saturday because of a