Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, September 21, 1995 TAG: 9509210086
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: JOE JACKSON LANDMARK NEWS SERVICE
DATELINE: LENGTH: Medium
On Tuesday, affidavits by Patricia Ann McHone, the former wife of Randy G. Bowman, and Kathy Carreon, Bowman's former friend, said Bowman told them he killed 18-year-old Kenneth Arnder in July 1978. An affidavit by Timothy Crabtree, Bowman's son, said Bowman admitted killing a boy and disposing of the body with the help of friends.
The affidavits, filed Tuesday in the state Supreme Court with a plea for a hearing on the new evidence, raise the possibility that Stockton may have spent the past 12 years on death row because of the false testimony of the real killer. Stockton's execution by lethal injection is set for Wednesday.
In Surry County, N.C. - home of Stockton, Bowman and Arnder - authorities think the responsibility for launching a new investigation rests with Virginia. Stockton was convicted in 1983 of killing Arnder in Patrick County.
``I have not heard of any new investigations, but that would ultimately rest with the district attorney,'' said David Willard, chief probation and parole officer in Surry County. ``Still, I think the responsibility lies with Virginia. They were the ones that prosecuted Stockton. They are the ones that have him on death row.''
Surry County District Attorney Ricky Bowman, not related to Randy Bowman, did not return calls.
But Virginia authorities said Tuesday the responsibility to investigate rests with North Carolina. Alan Black, commonwealth's attorney in Patrick County, said he could call North Carolina officials if someone came to his office to validate the affidavits, which he called ``uncorroborated statements.'' He said he did not plan to issue a search warrant for Bowman's journal, which the son said contained details of Bowman's crimes.
Black said he also spoke with the state attorney general's office. Officials there did not return calls Wednesday.
The mother of the murder victim said she does not believe the statements in the affidavits.
``I don't see why they don't investigate - they're going to find out who did it and who didn't,'' said Wilma Arnder by telephone Wednesday from her home in Surry County. When told authorities apparently would not investigate, she said, ``Well, they're the law - they must know what they're doing. They have investigated the murder over a period of years.''
``This is a trick'' by the defense, Arnder said. ``I don't think these people [filing the affidavits] are telling the truth. Why did they wait so long? If they'd said something [earlier] and put Randy in prison, then they wouldn't have to be scared.''
The three witnesses did not come forward sooner because ``they are absolutely fearful of Randy Bowman,'' said Steve Rosenfield, Stockton's lawyer.
Rosenfield said Wednesday there is no set deadline for the state Supreme's Court's decision. Stockton will file a clemency plea with Gov. George Allen today. Friday, Stockton will either ask the court to expedite its decision or file in federal court for a stay of execution, Rosenfield said.
Rosenfield said Wednesday he thought the attorney general's office was more interested in preserving convictions than in ensuring justice. ``The power's in the attorney general's office, not the governor's,'' he said. ``Look at states where there are death penalties on the books [but few executions]. Unlike Texas, Florida, Louisiana and Virginia - the nation's leaders in executions - those attorney generals don't press death. They're not as bloodthirsty there.''
Also Wednesday, The Mount Airy News, which describes itself as pro-death penalty, sent a letter to Allen asking him to give Stockton a stay of execution or a new trial.
``I hope, Gov. Allen, that you will ... use your powers to stay this unjust execution and order any new hearings or any other relief,'' wrote Tom Joyce, managing editor. ``I don't believe Dennis Stockton is a choir boy - but I have an even stronger belief he did not commit this murder.''
by CNB