THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, July 16, 1994 TAG: 9407160243
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: STAFF REPORT
DATELINE: NORFOLK LENGTH: Short : 37 lines
A Circuit judge declared a mistrial Friday in the murder case of Todd Bobby Lowman after it was revealed that a portion of a statement Lowman had made to detectives was not handed over to his defense attorney.
Judge Alfred Whitehurst scheduled a new trial for Sept. 19. Lowman, 24, is charged with first-degree murder and use of a firearm.
Lowman was arrested in the March 18 slaying of Johnny Hall, 34, in East Ocean View. Hall and Lowman allegedly were fighting in the 9500 block of 29th Bay Street when Hall was shot with a large-caliber handgun, court records show.
Lowman was granted a mistrial because a note written in the margin of the original police statement did not appear on the copy given to defense attorney Bruce Sams. The note contained information about Lowman's alibi, court officials said.
Prosecutors and police told the court that the marginal note was left out through a copying error.
Lowman's was the fourth murder case to be interrupted this week.
On Tuesday, the first-degree murder trial of Joseph Harris and the capital murder trial of Richard Earl Wilson Jr. were postponed because prosecutors turned over evidence to defense attorneys on the day of the trial, even though the lawyers had asked for the evidence in advance. Also on Tuesday, the first-degree murder trial of Kelvin Walker was postponed because a defense witness was not available.
KEYWORDS: MURDER TRIAL MISTRIAL EVIDENCE by CNB