ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, February 1, 1997 TAG: 9702030055
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: MARION
SOURCE: PAUL DELLINGER STAFF WRITER
A laborer and a juvenile each gave statements blaming the other for the murder of a retired Smyth County teacher last year, but judges in separate courts Friday ordered them both held for the grand jury.
Anna Jean Smith Anderson, who would have celebrated her 69th birthday in six days, was found dead in her home Sept. 4. An autopsy showed she had been violently raped in addition to being strangled or smothered.
Police arrested Harold David Davis, 23, a week later and charged him with capital murder, rape, breaking and entering, and robbery. A day later, 17-year-old Joshua Widener also was charged with breaking and entering at the Anderson home, and subsequently with the other charges as well.
In General District Court, Special Agent J.A. Davis of Virginia State Police read a statement from Davis stating that he and Widener planned the break-in because Davis, who had been doing some work around her home, thought he had overheard that she would be out of town. Davis said Widener entered by the kitchen window while he stood watch, came out with $5 in cash, and then went back in to take Anderson's jewel box, which he subsequently threw away.
Harold Davis said Widener later told him he found Anderson at home, threatened her with a knife and forced intercourse with her after tying her up, but that she was still alive when he left.
The juvenile's statement, read by Special Agent Don Lambert, was similar except the roles were reversed. Widener said it was Davis who entered through the window while he stood watch, came out with the jewelry box and later admitted forcing sex on Anderson and smothering her.
The jewelry box was recovered near the Anderson home. An autopsy showed that Anderson sustained injuries from the sexual assault. Commonwealth's Attorney Roy Evans said it was "outrageous as to what this woman went through before she died," and suggested it would have taken two people to tie and assault her.
Shirley Campbell of Bristol, the victim's sister, telephoned people in Marion, who alerted neighbors and police, after Anderson failed to keep an appointment with her and she was unable to get an answer with repeated calls to Anderson's home.
Police found that Anderson's usually immaculate home showed signs of a search and struggle and that her telephone wires had been cut.
Billy Thomas, an inmate at Dillwyn Correctional Center who was in the Smyth County jail with Davis, said Davis had asked him if police could identify someone who had intercourse with a woman but did not ejaculate. Thomas said Davis claimed his codefendant had actually committed the murder.
Forensic testing showed traces of DNA consistent with Widener, but not Davis, in Anderson's body. But an earring found in the bedroom where the body was found showed traces of DNA consistent with Davis.
The earring was for a pierced ear, and was a design like an earring worn by Davis. Anderson's ears were not pierced, her sister testified. Lambert said Widener didn't have pierced ears, but Davis did. Randy Lowe, one of Davis' defense attorneys, asked how Lambert came to that conclusion. "Just the fact that you look at an earlobe and see if there's a hole," Lambert said.
General District Judge Joseph Tate bound Davis over to the grand jury on all charges. Juvenile and Domestic Relations Court Eugene Lohman eliminated the robbery charge in Widener's case.
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