Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 25, 1995 TAG: 9507250059
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: Associated Press
DATELINE: WINCHESTER LENGTH: Medium
Using Alford pleas, Norman Hoverter would acknowledge that Frederick County prosecutors have enough evidence to convict him without admitting wrongdoing.
If the deal is accepted by Commonwealth's Attorney Lawrence R. Ambrogi and a judge, Hoverter would avoid a possible death sentence. The Strasburg newspaper reported the deal specifies that Hoverter, 50, would not be charged with any other crimes related to Valerie's death.
Under the deal, Hoverter would receive up to life in prison on the murder charge. A 10-year sentence on the abduction charge would be suspended.
Ambrogi said in a news release Friday that Hoverter will appear today in Circuit Court ``for processing'' of his case.
The Middletown girl's naked, emaciated body was found Jan. 23 in a Clarke County ravine. An autopsy showed she died from several blows to the head.
Her mother, Wanda A. Smelser, 43, was also charged with first-degree murder. Hoverter was her mother's live-in boyfriend.
Prosecutors considered charging Hoverter with sodomy, which in combination with the murder charge would allow them to seek a capital murder conviction and the death penalty. But the copy of the agreement, signed by Hoverter and defense attorney Suzanne L. Perka, specifically states that Hoverter will not be charged with sodomy.
``The commonwealth agrees to bring no further charges against the defendant arising out of the circumstances involving the abuse, neglect and death of Valerie Smelser, including, but not limited to any charge of alleged sodomy ... nor for any other incident involving the defendant's association with Wanda Smelser and her family,'' the agreement says.
A medical examiner found semen in the rectal area of the girl's body. Police took blood samples from Hoverter to determine whether his DNA matched that of the semen. Police have said that the amount of semen was so small that it was difficult to test.
Under the deal, Hoverter would receive up to life in prison on the murder charge. A 10-year sentence on the abduction charge would be suspended.
The deal does not call for Hoverter to cooperate with police and prosecutors or testify against Wanda Smelser.
Hoverter is being held in lieu of $200,000 bond at a regional jail north of Winchester.
Wanda Smelser, who is also in custody on $200,000 bond, has not yet had a preliminary hearing.
She is being evaluated to determine if she is competent to stand trial. Her attorney said doctors at Western State Hospital in Staunton told him that she had exhibited ``suicidal tendencies.''
by CNB