Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, July 30, 1995 TAG: 9507310071
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: Associated Press
DATELINE: WINCHESTER LENGTH: Medium
``I plan to go for the death penalty in situations like this, where there would be a death involved,'' Potts said. ``I will definitely introduce the legislation to increase the severity of that penalty. I'm appalled by this.''
Norman Hoverter, the live-in boyfriend of Valerie's mother, pleaded guilty Tuesday to abducting and killing the girl in their Middletown home.
Frederick County Commonwealth's Attorney Lawrence R. Ambrogi said Hoverter, 50, killed the girl in a fit of rage after she accidentally spilled a tin can into which she was forced to urinate in the basement. An autopsy showed that she died of several blows to the back of her head.
The girl's mother, Wanda A. Smelser, 43, also is charged with first-degree murder in the case.
Ambrogi has said he could charge Hoverter only with first-degree murder. To have elevated the charge to capital murder, he said he would have had to prove Hoverter sexually abused the girl during the killing.
Suspects can be charged with capital murder of a child they abducted with intent to sexually molest, but only if the child was under age 12.
Ambrogi said that needs to be changed.
``If you abduct someone and kill them, what difference does the age make?'' he asked.
Ambrogi has drafted a proposed change in the law, but he said it won't be released until he discusses it with Potts and Del. Beverly Sherwood, R-Winchester.
Potts said he will work with Ambrogi to develop a law that would pass constitutional muster.
by CNB