ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, March 21, 1996 TAG: 9603210027
SECTION: SPORTS PAGE: B1 EDITION: METRO
DATELINE: CHARLOTTESVILLE
SOURCE: DOUG DOUGHTY STAFF WRITER
LLOYD SNOOK SAYS he hopes to get the charge against the Virginia basketball signee reduced from malicious wounding to unlawful wounding.
The attorney for prize Virginia basketball recruit Melvin Whitaker says he hopes to prove Whitaker's alleged attack on UVa football player Maurice Anderson was provoked.
In the next breath, attorney Lloyd Snook says there is a good chance Whitaker will spend time in jail if convicted of malicious wounding, or even a lesser charge.
General District Court Judge Stephen Helvin heard testimony from Anderson at a preliminary hearing Wednesday and certified the case to an Albemarle County grand jury April 1.
In an earlier development, a case against UVa freshman basketball players Scott Johnson and Darryl Presley was continued until April 10. Johnson and Presley have been charged with petty larceny, a misdemeanor.
``This was a foregone conclusion,'' Snook said after the Whitaker ruling. ``In these kinds of hearings, you don't usually present a lot of evidence.''
Snook said he has spoken to enough witnesses to believe Whitaker has a case - at least a case for having the charge reduced.
``Under the law, if [the defendant] was provoked or acted in the heat of passion, that is enough to knock malicious wounding down to unlawful wounding,'' Snook said. ``It's still serious. It's still a felony, but it's not as serious and it's more reflective of what went on.''
Whitaker showed no reaction as Assistant Commonwealth's Attorney Cheryl Higgins questioned Anderson. Whitaker was dressed in a gray suit in contrast to his March 6 appearance before a magistrate, when he came to the court in leg irons and wore a UVa basketball T-shirt turned inside out.
Whitaker did not testify and did not stop to answer questions after the hearing. He was released into his father's custody and given permission to return to his home in Garner, N.C.
Anderson testified he and Whitaker, who had never met before, were playing in a pick-up basketball game at the Slaughter Recreation Center on UVa's campus when they argued over a foul called by Anderson. They were halfway through a second game when they had a second altercation.
``He went in for a layup, I went up to block it and he fell to the court,'' Anderson said. ``Then, he got up and left. We waited five or six minutes to see if he was coming back.''
Anderson had finished playing and was in the lobby area of the recreation center when he was approached by Whitaker.
``He said something,'' Anderson said. ``I can't remember exactly what it was. Maybe, `Is everything OK?' He stuck his [left] hand out, so I thought everything was all right.''
Anderson thought he detected a shiny object in Whitaker's right hand just before Whitaker struck him on the left cheek and opened a cut that required 75 stitches.
Snook indicated one element of his defense would be to disprove the 30-minute time frame placed by Anderson on Whitaker's departure and alleged attack.
``I've talked to a number of witnesses,'' Snook said. ``There were a lot of people around at the time - maybe 15 or 20 people within viewing distance of the event.
``The side we're going to present is not, `Maurice Anderson is a bad person,' or not, `Mel Whitaker is an innocent angel.' The issue is not what happened. The `why' is the difference between malicious and unlawful wounding.''
Malicious wounding is punishable by five to 20 years in prison. The maximum penalty for unlawful wounding is five years' imprisonment.
``If Melvin were to get sentenced for malicious wounding, he would probably be sentenced to four years without parole, with a little bit of time off for good behavior,'' Snook said. ``The guidelines for unlawful wounding are anywhere from zero to three months.
``I'd like to say I'd be so persuasive that the judge and jury would not give him any jail time, but, being realistic, I'd say it's likely'' he would have to serve some jail time.
Snook, a former Charlottesville city councilman, was assigned Whitaker's case by the court and will be paid $100.
``I was out of town,'' said Snook, who has argued two death-penalty cases before the Virginia Supreme Court. ``My wife, who also is my law partner, happened to be in court when the judge appointed me.
``Another lawyer turned to Sheila [Snook's wife] and said, `I don't want to say there's any pressure on Lloyd, but the fate of Virginia's basketball program is in his hands.'''
There are growing signs Whitaker never will play for the Cavaliers. No UVa basketball representatives were at the courthouse, although assistant coach Tom Perrin was on the original subpoena list.
``I've talked to the coaches,'' Snook said, ``and they're out scouring the country for a big man, so that suggests something.''
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