THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, February 7, 1995 TAG: 9502070325
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 91 lines
As two victims of serial rapist Kerri Charity left the courthouse Monday, they echoed the sentiments of other victims and the prosecutors in the emotionally wrenching two-week trial.
``All we want to say is, `Justice is served.' ''
A jury had just recommended the maximum sentence of seven life terms and 80 years Monday for Charity, the so-called North End serial rapist.
The hearing was held as scheduled despite controversy about the dangling of a ``hangman's noose'' by a prosecutor in front of the four victims during a court recess Friday.
The jury had found Charity guilty Thursday of 11 felonies in four sexual assaults at or near the Oceanfront.
Prosecutor Albert Alberi, who created a stir Friday by knotting a noose from a string he had used to represent a DNA molecule, was not called to testify as the defense had asked.
Instead, the judge ruled that, while Alberi's joke - using the noose as a metaphor that DNA had convicted Charity - might have been inappropriate, it happened outside the presence of the jury and therefore had no impact on the outcome of the trial or sentencing.
Defense counsel David Baugh accused Alberi on Friday of harboring racist sentiment. Baugh had asked the judge to put Alberi on the stand to explain his motivation for the joke, which offended and angered Charity's family.
Alberi reiterated Monday his regret that the family, whom he called ``decent people,'' had seen his ``jest'' and were hurt by it.
Charity, 24, showed little emotion in the final phase of the trial, which was filled with unexpected twists. Twice Monday he made encouraging gestures to his family, who sat behind him in the front row.
The family continued to say Monday that Charity is not guilty and that he was railroaded by the system. ``My brother's innocence is profound,'' said Charity's older brother, Kenneth, after the hearing. ``There's a lot of injustice in Virginia Beach.''
In a last-minute move, Charity tried to take over his own defense just before sentencing arguments and tried to fire his attorney.
Judge Frederick B. Lowe denied Charity's request to speak directly to the jury and refused to take Baugh off the case, saying his defense has been vigorous.
Prosecutor Pamela Albert asked the jury to give Charity the maximum sentence, citing the cruelty and terror he inflicted on his victims. Rather than emphasize the lasting impact on the four victims, who were attacked in their homes while watching television alone, Albert focused on the crimes themselves.
``Go over in your minds the facts of each of the crimes before sentencing,'' Albert urged the jurors, nine women and three men. ``Reflect on the efforts he went to to achieve his ends.''
Charity threatened all his victims with a knife and in one case told the victim he would ``slit her.''
``This defendant was very intent on what he came there to do,'' Albert reminded jurors. ``By the end of 1993, he had gotten very, very confident and very bold in his abilities. Up to a certain point, he was right. For a long time, he got away with these crimes, but not any more.''
Baugh asked the jury for mercy, though he said his client may be unworthy of it. ``The commonwealth's attorney has fixed the blame,'' Baugh said. ``But what about fixing the problem? He's 24 years old. Retribution is not the key.''
Baugh said Charity already has missed his 18-month-old daughter's first words and first steps. If the jury were to give him a harsh sentence, Baugh said, he would miss her first day of school, her first date, her first prom.
Charity's daughter was born four days before one of the four sexual assaults. Charity was convicted earlier this year of a burglary committed the day his daughter was born.
``Perhaps the benefit of mercy is to you,'' Baugh concluded. ``The true measure of a person is how they treat someone who can give them nothing. . . . I wish we could set this all straight. This man could have his family back. These women wouldn't have their bad dreams. It's going to be hard to do the right thing. But I'm asking you to do that. Thank you.''
The jury recommended Charity get maximum seven life sentences, one each for three convictions of rape, two convictions of sodomy and two convictions of abduction. In addition, they recommended maximum four 20-year sentences, one each for burglary with intent to rape or sodomize.
Charity faces formal sentencing March 6, three weeks before a fifth rape trial case is scheduled. The 48-year-old victim was jogging on a wooded trail in Seashore State Park on Oct. 11, 1993. Prosecutors also have DNA evidence in that case. ILLUSTRATION: Convicted rapist Kerri Charity tried to take over his own
defense just before sentencing arguments.
KEYWORDS: RAPE TRIAL SENTENCING SERIAL RAPIST by CNB