THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Tuesday, October 4, 1994 TAG: 9410040418
SECTION: LOCAL PAGE: B01 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 83 lines
A federal judge warned lawyers for the Chesapeake Jail on Monday that their case is weak and they should settle a $5 million lawsuit by a former inmate who was raped and beaten there by other inmates.
The former inmate says deputies ignored his screams for 3 1/2 hours as he and another inmate were repeatedly raped and beaten by 20 other inmates. The assaults occurred in Cellblock T, dubbed ``Thunderdome,'' one night in December 1992.
Both rape victims have filed lawsuits - one in state court, one in federal court in Norfolk.
The rapes have already spawned several criminal trials. The inmate who led the attack was convicted of malicious wounding and forcible sodomy, and sentenced to five life terms. Other inmates were found guilty of lesser crimes.
The victim in Monday's civil trial was 18 when the attack happened. He sued the city of Chesapeake, Sheriff John Newhart and 13 jail employees, alleging civil rights violations. A judge later dismissed the charges against all but two employees.
The federal court trial was scheduled to begin Monday and last about a week. Lawyers had spent two hours Monday picking a jury.
But the case derailed just 25 minutes into opening statements.
The plaintiff's lead attorney, Billie J. Hobbs, tried to make her case, but Judge Robert G. Doumar warned her six or seven times to stop making improper arguments.
Lawyers are supposed to use opening statements to give juries fact summaries, a preview of what witnesses will say. Arguments are reserved for a trial's conclusion.
But Hobbs drew increasingly angry cautions from Doumar by making arguments in addition to factual statements.
``The story you are about to hear will absolutely make you sick. . . ,'' Hobbs told the jury. ``This, ladies and gentlemen, is the story of the Thunderdome. It is the story of a living hell.''
Doumar finally stopped Hobbs and sent the jury out of the room. He buried his face in his hands for a minute, then looked up angrily.
``Do you understand English?'' he shouted at Hobbs, then declared a mistrial. Hobbs' boss, lawyer Jeffrey A. Breit, dropped his head to the lawyers' table.
Later, Doumar called back the jurors and told them, ``We cannot tolerate an attorney not following the instructions.''
Then, after dismissing the jury, Doumar turned toward chief defense attorney John A. Gibney.
``Why isn't this case settled?'' the judge asked. ``This is a bad case, Mr. Gibney. Let me tell you something, this is a bad case. . . You're not going to be able to get around certain problems.''
After court, lawyers on both sides said settlement talks have gone nowhere.
``The insurance company in Richmond has an unrealistic view of what a homosexual rape is worth,'' Breit said. ``They think because these boys were inmates they shouldn't have as much expectation of a lovely night in jail.''
Said Gibney, the defense attorney, ``It's safe to say we're pretty far apart. . . We've got a pretty good defense in the case. I'm a little disappointed we didn't get to put it on.''
A new trial is set for Nov. 16. ILLUSTRATION: Photo
``Why isn't this case settled? This is a bad case.''
Judge Robert G. Doumar, to the chief defense attorney
KEYWORDS: RAPE CHESAPEAKE CITY JAIL ASSAULT LAWSUIT SEX CRIME
TRIAL by CNB