ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, January 4, 1997 TAG: 9701060052
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
For Earl C. Bramblett to get the speedy trial he asked for Friday, a psychologist will first have to declare him competent to be prosecuted on charges of killing a family of four.
At the request of Bramblett's lawyers - who say there is reason to believe he is mentally unable to assist in his defense - Roanoke County Circuit Judge Roy Willett ordered a psychiatric evaluation of the 54-year-old drifter.
The evaluation was first suggested by Dr. Evan Nelson of Midlothian. He is conducting a separate evaluation to determine whether Bramblett was legally sane on the August 1994 day that he is accused of killing the Hodges family and leaving the bodies in their burning Vinton home.
Defense attorney Terry Grimes said Nelson has "substantial concerns" about Bramblett's mental ability to stand trial, but declined to explain why.
At Friday's hearing, Bramblett seemed concerned that the latest round of mental tests might delay his trial, which is scheduled to begin Feb.18.
"I just want this to be fast," he said. "Let's get to the trial."
Willett agreed that Bramblett is entitled to a prompt trial. But the seriousness of a capital murder charge - which carries a death sentence - makes it imperative to evaluate the competency issue, the judge said.
"You have a very able psychologist, and if he thinks there's any issue at all, I think it should be developed and looked into," Willett told Bramblett.
Grimes asked that the competency review be made by someone other than Nelson, who has not yet formed an opinion on Bramblett's state of mind at the time of the killings. Willett appointed Dr. Joseph Leizer of Martinsville to determine Bramblett's competency.
The review is expected to take several weeks. If Bramblett is found incompetent, prosecutors might ask for a second opinion.
But Commonwealth's Attorney Skip Burkart said after Friday's hearing that competency evaluations are routine in capital cases, and that he is ready to go to trial next month.
Grimes, who believes that Bramblett's competency to stand trial will be a genuine issue in the case, declined to say if he thinks the defense will be ready Feb.18. "It depends on the doctor's work," he said after the hearing.
Bramblett is accused of strangling Teresa Hodges; fatally shooting her husband, Blaine; killing their two daughters, 11-year-old Winter and 3-year-old Anah with gunshots to their heads; and setting their Vinton home on fire sometime the weekend of Aug. 27, 1994.
Firefighters discovered the bodies after responding to a fire at the Virginia Avenue home early Aug. 29. After nearly two years of investigation, authorities decided last summer that they had collected enough evidence to seek charges.
Burkart has said that his case does not include an informant, an eyewitness, a murder weapon or a confession. He has declined to say if there is evidence of a motive.
Bramblett was a close friend of the Hodges family and often stayed in their home. He was arrested last July in Spartanburg, S.C., where he was living and working in a print shop. He is charged with one count of capital murder, three counts of first-degree murder, three counts of using a firearm in the commission of a felony and one count of arson. He has since been held in the Roanoke County-Salem Jail.
Virginia law requires the accused be tried within five months of arrest if the person is incarcerated - or within nine months if he is free on bond - unless the defendant agrees to a delay. At a hearing shortly after his arrest, Bramblett waived his right to a speedy trial.
But since then, he apparently has become impatient.
"Mr. Bramblett would like the trial to take about a day, and for it to be over with right away," Grimes said. But in reality, the trial could last a month or longer, as prosecutors present the results of one of the most intense and exhaustive investigations in Vinton history.
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