Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, June 14, 1995 TAG: 9506140059
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: SARAH HUNTLEY STAFF WRITER
DATELINE: LENGTH: Medium
Defense attorney John Lichtenstein told the court that a female juror contacted his office the morning after the verdict was handed down and said she cast her guilty vote because she understood the jury's findings had to be unanimous.
Gwendolyn Renee Rhodes signed an affidavit explaining that she developed her opinion that Pennington was not guilty based on the evidence presented at the trial.
"My opinion in that regard never changed," she said in the affidavit. "If I had known I was allowed to vote not guilty, then I would not have voted to convict the defendant, nor would I have answered affirmatively when the judge polled the jury."
The 12 jurors were asked individually if they agreed with the verdict after they found Pennington guilty for the 1991 murder of Bonnie Sue Mullins. They all said they did.
Mullins was shot in the head through the doorway of her home on Mount Pleasant Boulevard shortly before midnight April 14, 1991. Prosecutors said Pennington killed Mullins over money. She owed him $20,000 to $30,000 after a drug deal went sour, Assistant Commonwealth's Attorney Randy Leach said.
The five-day trial two months ago included dramatic testimony from Mullins' family, Pennington's ex-girlfriend who has since died of AIDS, the defendant's own brother and several prison acquaintances. The jury delivered its verdict after five hours of deliberation.
Lichtenstein told the judge there is no evidence of jury tampering or coercion.
"This juror came forward on her own, showing great courage in doing so," he said. "One juror is an entire world of significance and influence in a case of this magnitude."
Despite the juror's affidavit, Judge Kenneth E. Trabue declined to hear from Rhodes in person and overruled a motion that he set aside the verdict.
Trabue said he saw no indication during the deliberations that the jury was having a problem reaching a unanimous decision.
Virginia courts, concerned about the possibilities of intimidation and jury tampering, traditionally have been hesitant to allow jurors to reconsider their verdicts, and Leach told Trabue this case was no different.
"You should not allow her testimony or her affidavit to impeach the verdict," he said. "When she leaves the jury room, she is no longer a juror."
But Lichtenstein disagreed.
"This issue is, in fact, distinct from previous Virginia cases," he said. "It's not an issue of a juror changing her mind or an issue of a juror having second thoughts. She never changed her mind."
After denying a series of motions, including a request by the defense that he cut the jury's recommended sentence in half, Trabue upheld the 42-year recommendation.
In addition to Tuesday's sentence, Pennington, 55, has two years and eight months remaining on a federal drug sentence.
Lichtenstein said his client will appeal.
Rhodes could not be reached for further comment.
by CNB