ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, May 24, 1996 TAG: 9605240078
SECTION: VIRGINIA PAGE: C-4 EDITION: NEW RIVER VALLEY
DATELINE: CHESAPEAKE
SOURCE: Landmark News Service
After two bungled attempts to convince authorities that his case should be thrown out, convicted murderer Samuel Lee Moyler apparently gave up Thursday.
He abandoned his latest motion, and Circuit Judge E. Preston Grissom reinstated the sentence recommended earlier by a jury. Moyler was given two life sentences for capital murder and rape in the beating and strangulation of 14-year-old Chernise N. ``Lady'' Simmons, who was killed Dec. 11, 1993. Moyler was charged six months later.
Moyler is thought to have sent anonymous letters to a lawyer and a reporter for The Virginian-Pilot describing himself as a convicted murderer and drug dealer who was present when someone other than Moyler raped and killed Simmons. One of the letters ended: ``By the time you get this, I will be long gone.''
The letters were hand printed, with the word ``infeasible'' in place of a return address. Moyler's fingerprints were on them.
The letter's author wrote: ``I give you this in hope that this girl soul will come to rest and I myself can be right and stop having these bad dreams about that early morning. ... I can no longer live with this most stressful heartache, shouldn't no human have to go through such violent acts.''
With the fingerprint evidence indicating the letters were bogus, Moyler apparently decided not to pursue the matter.
Shortly after his conviction, Moyler came up with a new witness - a jail inmate who said he saw the victim get into a car with someone other than Moyler. Based on the possible new information, Moyler's sentencing was postponed. But authorities soon discredited that witness when they showed him a photo lineup of pictures taken from a school yearbook, including the picture of Simmons, and he picked the wrong girl.
``I'm glad it's over,'' Chesapeake Commonwealth's Attorney David Williams said after Thursday's hearing. ``People in his position unfortunately take desperate measures to get some relief. Fortunately, we were able to ferret out the truth. Now Mr. Moyler is on his way to the penitentiary where he belongs.''
In April 1995, Moyler made a rambling, 20-minute claim of innocence to jurors as they prepared to decide whether to recommend death or a life term. The former truck driver, then 35, claimed Chesapeake detectives had framed him.
The case against Moyler was based largely on DNA evidence, because detectives could find no fingerprints, murder weapon or witnesses. Friends and relatives told police Moyler was the last person to see Simmons alive.
The body of the girl, a cheerleader and honors student at Indian River Middle School, was found in a wooded, litter-strewn area.
LENGTH: Medium: 54 linesby CNB