ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, September 13, 1996 TAG: 9609130153
SECTION: SPORTS PAGE: B-5 EDITION: METRO
DATELINE: CHARLOTTESVILLE
SOURCE: DOUG DOUGHTY STAFF WRITER
The future of Virginia basketball signee Melvin Whitaker Jr. may not be as bleak as it once appeared.
Whether Whitaker will go to college next year is another matter, however.
Albemarle County Circuit Court judge Paul Peatross recommended Thursday that Whitaker be evaluated by state corrections officials for acceptance into a program for ``youthful'' offenders under 21.
Whitaker, who never enrolled at Virginia, had pleaded guilty to malicious wounding, a felony, for his March 5 attack on Cavaliers football player Maurice ``Mo'' Anderson. The attack left Anderson with a wound to his left cheek that required 73 stitches to close.
``This was a very decent act by the judge to let a kid have a say in his future,'' said Rod Leffler, one of the attorneys representing Whitaker. ``He could have gotten 20 years in the penitentiary. It could have been a lot worse.''
A pre-sentencing report had suggested a prison term of no less than two years, three months or no more than five years, 10 months. However, Whitaker will not have a set term in the youthful offenders' program.
``The staff at the department of corrections that deals with youthful offenders will make the decision when he's released,'' said Albemarle County Commonwealth's Attorney James Camblos. ``They're eligible for release when they get there. They have to be released after four years. The vast majority stay for three years.''
So, no one should expect to see Whitaker enrolled in college and playing basketball in the fall of 1997?
``I wouldn't think so,'' Camblos said.
Camblos had recommended a four-year sentence, but neither he nor Whitaker's attorneys was disappointed by the ruling. The only person who had any complaints was Whitaker's father.
``I was not pleased by what went on today,'' Melvin Whitaker Sr. said. ``I had hoped there would be a suspended sentence and we'd have it over with. This thing has been a burden on him, as well as myself.''
Melvin Jr., who did not speak with reporters, must appear before Peatross on Nov.14 before he officially enters the youthful offenders' program.
``The beauty of it is, he's statutorily eligible for parole the moment he goes in,'' Leffler said. ``How that translates into reality, we've yet to find out, but the judge has given us an opportunity you rarely get in Virginia.
``I'm not surprised by what the dad said, but I've been doing this for almost 20 years and it's the first time I've ever seen a judge do it. When you look at the facts, Mel had to do some time, but if you've got to do time, he's going to the best possible place to do it.''
Leffler said a likely destination for Whitaker would be the St.Bride's Correctional Center in Chesapeake, close to the North Carolina border. Whitaker's home is in Garner, N.C., a suburb of Raleigh.
Whitaker's father was one of three character witnesses called by defense attorney Mark Henshaw. The others were Dr. Cleveland Null, whose son attended Oak Hill Academy with Whitaker, and Donald Anderson, an assistant coach at Mount St.Mary's College in Emittsburg, Md.
Anderson had become familiar with Whitaker through Dr. Null, who lives in Gettysburg, Pa. Anderson said Mount St.Mary's was prepared to admit Whitaker after discussions involving the school's vice president, athletic director, men's basketball coach and faculty members.
``What we understand is, there will be a scholarship for him whether he plays basketball or not,'' Leffler said. ``There were no strings attached.''
Whitaker's father said Mount St.Mary's was one of 10 or 12 schools that has expressed interest in his son. Although Virginia coach Jeff Jones said in a statement that Whitaker would not play for the Cavaliers this year, that is the extent of the Cavaliers' public comment.
``I don't know whether he can [go to Virginia] or not,'' Whitaker's father said. ``I have not talked to Jeff Jones.''
Henshaw, in his closing arguments, asked the judge to ``fashion a remedy'' that would enable Whitaker to enter college next fall. However, no one was proclaiming victory after Peatross' ruling.
``The simple fact of the matter is, Melvin cost himself a four-year scholarship at one of the nation's most prestigious universities. Period. He lost,'' Leffler said. ``But today, all things considered, he still has hope.
``What we're shooting for and what we're focusing all of our resources on [is] to have him in college next fall. Forget about basketball. In college. If he happens to play basketball, great.''
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