
                         THE VIRGINIAN-PILOT
                 Copyright (c) 1994, Landmark Communications, Inc.

DATE: TUESDAY, June 14, 1994                    TAG: 9406140446 
SECTION: LOCAL                     PAGE: B4    EDITION: FINAL  
SOURCE: NORFOLK 
DATELINE: 940614                                 LENGTH: Medium

HIGH COURT ORDERS NEW TRIAL

{LEAD} The state Supreme Court has ordered a new trial for a convicted cocaine dealer whose trial was tainted when prosecutors withheld evidence favorable to the defense, according to court records.

Norman Bowman Jr. was found guilty on Sept. 18, 1991, of cocaine distribution and later sentenced to seven years in prison. Bowman's lawyer, Christopher Shema, argued that the Commonwealth's Attorney's Office withheld evidence.

{REST} On Friday, the state Supreme Court also ruled that Judge Alfred Whitehurst, who heard that case, erred by refusing to inspect the prosecutors' files in his chambers.

``The court concluded that there was a reasonable probability that the outcome of the trial would have been different had the prosecution provided the evidence to the defense prior to the trial, and, therefore, found that Bowman's due process rights were violated,'' the high court ruled.

Before Bowman's 1991 trial, Shema asked prosecutors for evidence favorable to his client. He was given a photo lineup used by an undercover officer to identify Bowman, then was told that prosecutors ``did not possess any additional'' evidence, records show.

But during the hearing, the undercover officer read from his police report, describing Bowman as 5 feet 8 inches tall and 150 pounds. Bowman is actually 6 feet 2 and about 200 pounds.

Shema argued that the arrest was a case of mistaken identity. He said the police report was exculpatory and asked Whitehurst to inspect prosecutors' files to see whether any other favorable evidence existed. Whitehurst denied Shema's motion.

{KEYWORDS} TRIAL DRUG ARREST COCAINE VIRGINIA STATE SUPREME COURT RULING

by CNB