Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, August 26, 1995                   TAG: 9508280049
SECTION: VIRGINIA                    PAGE: C-4   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WINCHESTER                                LENGTH: Medium

ACCUSED KILLER CAN'T WITHDRAW PLEA, JUDGE RULES

A passer-by found Valerie Smelser's naked, emaciated body dumped by a rural roadside in January. She had been starved, beaten and sexually assaulted.

Hoverter entered Alford pleas of guilt to first-degree murder and abduction. The July 25 plea means he does not admit to details of the death but agrees prosecutors have enough evidence to convict him.

Hoverter, 50, faces up to a life term without parole when he is sentenced Aug. 31. He also faces a 10-year term for abduction.

Hoverter claimed he was tricked into pleading guilty. Prosecutors told him they had enough evidence to convict him of sodomy when they did not, Hoverter's lawyers said during a hearing in Frederick County Circuit Court.

``Somebody made some misrepresentations to somebody,'' defense lawyer Suzanne Perka said. Prosecutors were telling Hoverter one thing and the news media another, she said. ``This defendant is saying `I don't know who's telling the truth anymore.'''

Hoverter wanted a trial instead, Perka said.

Circuit Judge James L. Berry said he saw no evidence prosecutors deliberately misled Hoverter.

In court filings and testimony, the defense pointed to newspaper accounts after the July 25 plea in which County Commonwealth's Attorney Lawrence Ambrogi said DNA tests on sperm found in the girl's body were inconclusive.

Sodomy could carry a life term. Or, if prosecutors can show the sodomy and killing took place at the same time, Hoverter could have faced a charge of capital murder and the possibility of a death sentence.

Hoverter took the stand unexpectedly, after Berry would not allow defense lawyers to submit a sworn statement from Hoverter instead.

Under cross-examination by special prosecutor Robert F. Horan Jr., Hoverter appeared befuddled when Horan noted a discrepancy in the sworn affidavit. It said Hoverter wanted to withdraw his plea in part because he was upset by a newspaper quotation from Ambrogi that did not appear until Aug. 11. That was one day after Hoverter first said he wanted out of the deal.

``You signed this affidavit, didn't you?'' Horan said. ``You swore to it.''

Biting his lip and squinting through brown-tinted glasses, Hoverter then said he had already decided he wanted to withdraw his plea when he appeared in court on another matter Aug. 10.

``I thought about it, I'd say a week'' beforehand, Hoverter said.

At the Aug. 10 hearing, Berry denied defense lawyers' request for an independent psychiatric evaluation. Hoverter apparently hoped the evaluation would help him get a lighter sentence. He appeared angry after the ruling and huddled with his lawyers.

A few moments later, Perka announced Hoverter wanted to withdraw his plea. Perka would not comment after the hearing Friday.

Horan was appointed because Ambrogi was called as a witness for Friday's hearing. Ambrogi will resume the case now, he said.

Earlier this month, Valerie's mother, Wanda Smelser, was ruled mentally competent to stand trial for murder. But Smelser, 43, is still undergoing psychiatric evaluation at Central State Hospital.