Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, June 29, 1995 TAG: 9506290095
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: TODD JACKSON STAFF WRITER
DATELINE: ROCKY MOUNT LENGTH: Medium
DeHart - convicted in 1992 for the murder of 81-year-old Effie Rakes - was granted a new trial recently after months of legal wrangling between his lawyer, Tom Blaylock, and local and state prosecutors.
The decision to hold a retrial was based on what the Virginia Court of Appeals considered a violation of DeHart's rights: A possibly biased person was included in the pool of jury candidates for his trial, although the woman did not actually serve on the panel that convicted him.
DeHart was transferred to the Roanoke County jail from the Brunswick Correctional Center last week so he could be closer to Blaylock's Roanoke office. But as the result of a bond hearing Wednesday, Franklin County Circuit Judge B.A. Davis III granted DeHart bond after setting the amount at $200,000 - the same figure that was set before he his murder trial two years ago.
Members of DeHart's family, including his father, put up property to get him out of jail.
Blaylock said DeHart will live in Floyd County and work as a landscaper for his brother-in-law.
As conditions for the bond, Davis said DeHart must stay in Floyd County, except to appear in Franklin County court or to visit Blaylock's office.
Davis, before being appointed judge, served as counsel for DeHart's father in a moonshining case years ago.
Davis asked DeHart - prompting his only comment during the hearing - if he had any problems with the judge presiding over the retrial. Davis did not preside over DeHart's 1992 trial.
"No sir," said DeHart.
Before leaving the courtroom Wednesday, DeHart - wearing a blue knit shirt and dress blue jeans - turned to several members of his family and gave them a quick smile.
Members of Rakes' family also attended the hearing. They exited the courtroom hastily when it ended and met privately with Commonwealth's Attorney Cliff Hapgood.
"I think they're a little upset with the system right now," he said later.
Hapgood argued against setting bond for DeHart, saying he could be a danger to the public - and the public could be a danger to him.
People in and around the community of Endicott, where the slaying occurred, are very aware of the situation, he said.
Rakes' death sent shock waves through the close-knit, rural community.
The widow was found shot to death on the kitchen floor of her home in the Shooting Creek area in June 1991. During DeHart's trial, prosecutors said Rakes had caught her killer trying to molest her invalid daughter.
Asked if he really believes DeHart could be in danger, Hapgood said: "I've heard more talk about this case than any other murder case I've ever had. And these are calm people. I respect their opinion."
"That's something that this man has to be concerned with. And he's doesn't fear that," responded Blaylock.
A tentative three-day trial was set for Nov. 13-15.
Davis also granted a change of venue Wednesday. The trial probably will be held in Pittsylvania County, he said, but Blaylock can seek to have the trial located elsewhere.
The Virginia Court of Appeals ordered a retrial based on an argument filed by Blaylock concerning a woman who was included in the required jury pool.
During questioning of potential jurors, the woman was asked if media publicity would affect her opinion of the case.
She did not give a definitive answer, but was included in the pool of 20 people from which a 12-member jury was selected. However, the woman never served on the jury because Hapgood used one of four strikes granted to each side in a jury trial to eliminate her from consideration.
DeHart was convicted of second-degree murder and two related charges and was sentenced to 27 years in prison. If convicted again, he can get no additional punishment, and his time served will count toward his new sentence.
Said Hapgood, who now will begin preparations to retry a case he thought was put in the books two years ago: "It's a no-lose proposition for him."
by CNB