ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, April 5, 1996 TAG: 9604050108
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
DATELINE: WINCHESTER
SOURCE: Associated Press
THE DEFENSE FAILED to convince a judge that publicity surrounding a young girl's brutal death would prejudice local jurors against her mother.
Publicity and politics surrounding the death of a severely abused 12-year-old girl are not enough to justify moving the trial of accused child killer Wanda Smelser, a judge ruled Thursday.
Frederick County Circuit Judge James Berry also set Aug. 5 for Smelser's first-degree murder trial.
Smelser, dressed in a hot-pink T-shirt and wearing leg irons, slumped expressionless in her chair while her lawyer played video clips of television coverage of the case.
Smelser's lawyer argued that extensive news coverage of the case's most sordid details would prejudice a hometown jury. Defense lawyer William Crane also cited state Sen. Russell Potts' frequent mention of the case during last fall's General Assembly campaign.
In his successful re-election campaign, Potts, R-Winchester, aired radio ads that promised to make sure tragedies like that involving ``that little 12-year-old girl'' never happen again. He also took out large newspaper ads referring to the case.
``It is just not possible to find a fair and impartial jury in Frederick County,'' Crane said.
Even if jurors promised to put their personal feelings aside, ``for them to actually do it in the jury room would be just impossible in light of what they've read and heard,'' Crane said.
Valerie Smelser's naked, starved body was found dumped in a ravine in January 1995. An autopsy showed the child was beaten to death.
In the weeks before she died, Valerie was chained to a basement door, forced to urinate into a tin cup and fed only one real meal a day, according to police affidavits in the case. Her mother's boyfriend, Norman Hoverter, has pleaded guilty to first-degree murder in the death of the child and is serving a life sentence.
The family was in and out of trouble with a long list of social service agencies, but always kept a step ahead of enforcement officials.
In his ruling, Berry said he came to court prepared to move the trial, but that Crane had failed to prove his case.
Assistant Commonwealth's Attorney Glenn Williamson said the defense proved only that the case generated a lot of publicity, not that the publicity harmed Smelser.
``The case law is clear. Publicity in and of itself is not sufficient,'' Williamson said.
Crane submitted a two-inch stack of news clippings and copies of Potts' political ads.
Potts was summoned as Smelser's only witness Thursday.
``I had a lot of concerned individuals talk to me about this case,'' Potts testified.
Most constituents seemed more worried about how such abuse could go unnoticed than about who actually committed the crime, he said.
Potts was one of several legislators who pushed this year for tougher enforcement of child abuse laws and greater openness in the juvenile welfare system.
Wanda Smelser, 43, also is charged with abduction and welfare fraud. She faces up to life in prison on the murder charge, plus 10 years for abduction. The welfare case will be prosecuted separately.
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