Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 9, 1995 TAG: 9505090106
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
DATELINE: LENGTH: Medium
After the main witness against Dennis W. Stockton recanted his testimony to a reporter for The Virginian-Pilot in Norfolk last month, Stockton's attorneys asked a federal judge in Roanoke to take another look at the case.
With his appeals attempts nearly exhausted, time is of the essence.
Stockton expects an execution date to be set for mid- to late summer. His lawyers last week filed their final appeal for a review of the case with the U.S. Supreme Court.
``Ultimately, we want the court to examine whether he's entitled to a new trial or a dismissal of the charges,'' Charlottesville attorney Steven Rosenfield said.
But right now, they're hoping a federal judge will at least consider hearing arguments from both sides on why the case should be reconsidered.
Randy G. Bowman, 40, now claims he did not hear Stockton make the deal that led to his conviction and sent him to death row for a contract killing.
In 1983, Stockton was convicted of the 1977 killing of Kenneth Arnder, 18, who was shot between the eyes and had both hands cut off. Prosecutors said Stockton received $1,500 from a drug dealer to kill Arnder. Arnder's mother said she last saw her son alive with Stockton.
According to the state, Stockton killed Arnder in Patrick County, then moved his body to North Carolina. No physical evidence linked Stockton to Arnder or the murder to Virginia, and no weapon was found.
Bowman testified he was present at Tommy Lee McBride's house when he heard Stockton agree to kill Arnder for $1,500.
Bowman said that McBride wanted Arnder killed because of a soured drug deal. McBride, Stockton and others named by Bowman as being present at the meeting denied that it ever occurred. Bowman was the only witness who said he heard the agreement.
Rosenfield said Bowman was a repeat felon and that after he helped convict Stockton, prosecutors granted him a lot of ``favors'' during his own court proceedings.
``He's benefited immensely as a result of testifying against Dennis Stockton,'' Rosenfield said.
Last month, in an interview in his Mount Airy, N.C., apartment, Bowman changed his story and said he never heard Stockton accept a contract to kill Arnder.
``I don't know if they [McBride and Stockton] made a deal,'' Bowman said. ``I was in there to sell something. I've never said I heard - I didn't hear Stockton say, `I'm going to do it.'''
Rosenfield said he believes Bowman is such a prolific liar that he forgot what story he had told on the witness stand.
``I think, like a lot of people who've lost sight of what the truth is, my suspicion is he simply didn't remember he lied at the trial.''
Whether Bowman will tell another court that he lied in 1983, Rosenfield doesn't know. He's relying on a copy of the Pilot's story to persuade a judge in Roanoke to listen to arguments to reopen the case. The case was tried in state court, but a U.S. District judge in Roanoke two years ago ruled against reviewing the case because of a procedural default. In that ruling, the court held that the procedural default could be overcome by a ``showing of actual innocence.''
``Actual innocence you'd think ought to be sufficient grounds not to execute somebody,'' Rosenfield said.
by CNB