ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, August 8, 1996 TAG: 9608080054
SECTION: VIRGINIA PAGE: C-2 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
WINCHESTER
MEMO: NOTE: Shorter version ran in Metro edition.
An agreement that means Wanda Smelser could serve as little as 14 years for her no-contest plea in the murder of her daughter has outraged many local people who say the sentence is too light.
Attorneys and prosecutors, however, say plea agreements are effective tools in an overburdened legal system. Without negotiated pleas, said Winchester attorney Tim Coyne, ``the system would come to a halt.''
Smelser pleaded no contest Monday to second-degree murder and kidnapping in the death of Valerie Smelser, 12.
Frederick County Commonwealth's Attorney Lawrence Ambrogi said he expected public reaction to the agreement, but he stands by his decision to go along with it.
``You never know what a jury is going to do,'' he said.
Coyne said plea agreements do not save much work because they often are reached on the day of the trial, after both sides have put in a lot of hours.
``The public has a bad perception of it, but it's a necessary part of the system,'' he said.
Winchester defense lawyer Mark Vann has worked on the other side of cases as a prosecutor. He said that while the public perception of plea agreements is that the defendants get lighter sentences, both sides benefit.
The prosecutor's aim is to protect the commonwealth, and the defense attorney's goal is to get the best deal for a client, Vann said.
``They benefit everybody, ultimately,'' he said.
Ambrogi said several factors must be considered when a plea agreement is proposed, including the strength of the case. The public is not usually aware of all the facts of the case, nor is it aware that many pieces of evidence can be excluded from a trial.
LENGTH: Short : 42 linesby CNB