Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, August 12, 1995 TAG: 9508140058
SECTION: VIRGINIA PAGE: C3 EDITION: METRO
SOURCE: Associated Press
DATELINE: WINCHESTER LENGTH: Medium
Hoverter's lawyer, Suzanne L. Perka, said Hoverter told her Thursday he wanted to withdraw the plea and go to trial on charges that he murdered Valerie Smelser.
Perka said she did not know why Hoverter changed his mind.
``He has never been completely comfortable with the plea,'' Perka said.
Hoverter pleaded no contest July 25 to charges of first-degree murder and abduction. Under the agreement, Hoverter was to be sentenced Aug. 31 to 20 years to life in prison for murder and given a 10-year suspended sentence for abduction.
Frederick County Circuit Judge James L. Berry scheduled a hearing for Aug. 25 to consider Perka's motion to set aside the no-contest pleas.
Commonwealth's Attorney Lawrence R. Ambrogi said he will fight the attempt to set aside the pleas. Ambrogi wouldn't rule out charging Hoverter with additional crimes if he is allowed to withdraw his plea.
Prosecutors say Hoverter killed the child by repeatedly slamming her head against the basement wall of the Middletown house he shared with the girl's mother, Wanda Smelser.
According to authorities, the couple kept the child chained up in the basement. She was not allowed to bathe and was given a tin can in which to relieve herself.
Ambrogi said Hoverter beat the child on numerous occasions. Valerie weighed just 51 pounds when she died. The child's nude, emaciated body was found in gully alongside a Clarke County road.
Wanda Smelser also has been charged with murder. She is in custody at Central State Hospital, where she is being treated for depression.
Psychiatrists at the Petersburg hospital have determined that Smelser is competent to stand trial.
by CNB