Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 28, 1995 TAG: 9507280077
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Prosecutors have said that May has indicated he will plead guilty or no contest to capital murder, although his attorneys stress that no final decision has been made.
The hearing at 2:30 p.m. in Roanoke Circuit Court was scheduled late Thursday after prosecutors and defense lawyers met with Judge Clifford Weckstein. Lawyers on both sides were hesitant to say with any certainty what will happen.
The son of Cynthia LaPrade - one of five people May is accused of gunning down during a drunken argument at a New Year's Eve party in Old Southwest Roanoke - said Thursday he was informed of today's hearing by the common- wealth's attorney's office.
"I was told there is a time set [today] for him just to plead guilty or not guilty," Michael LaPrade said.
May's lawyer, public defender Ray Leven, declined to elaborate Thursday about what will happen at today's hearing. "I'm not going to speculate on that," he said.
May initially had been scheduled to go to trial next week. If he enters a plea today, court would be recessed until Monday morning, when evidence would be presented as scheduled.
Prosecutors say that in the event of a guilty or no contest plea, they expect to present a full day of testimony before asking Weckstein to accept May's plea and convict him of capital murder.
If the guilty or no contest plea is entered, the trial would then go to a sentencing phase on Tuesday, with at least another day of testimony before Weckstein will be asked to decide between life in prison or a death sentence for May.
By having the arraignment today instead of Monday morning, before May's regularly scheduled trial date, attorneys will have the weekend to prepare for the case knowing how May has pleaded - a question that has been far from resolved in recent weeks.
During the past two months, May has indicated he will plead guilty or no contest to capital murder, prosecutors said in pre-trial motions. But in a TV interview last month, May gave an account of the killings that was slightly different from what he had told police earlier.
Commonwealth's Attorney Donald Caldwell said in a motion that May's statements to WDBJ (Channel 7) and what he told police earlier are "mutually inconsistent." In order to clear up the confusion, Caldwell had asked that May be arraigned at least seven days before his trial. Weckstein rejected that motion at a hearing July 12.
May, 27, has told people he shot five people in self-defense after one man pulled a gun on him when he tried to break up a petty argument about whether the Navy or the Marines were tougher.
The house painter is accused of killing 44-year-old Susan Hutchinson and 36-year-old Dale Arnold at the 41/2 Street apartment they shared, as well as their party guests - LaPrade, 43; her boyfriend, Daniel Mason, 47; and Carl Stroop, 42.
Prosecutors have disputed May's contention that he shot in self-defense, saying there was no indication of a second weapon involved in the incident.
Keywords:
ROMUR
by CNB