THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, May 13, 1995 TAG: 9505130246
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: JON FRANK, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: Medium: 88 lines
A Portsmouth judge on Friday refused to revoke bond for a man charged with murder in his girlfriend's fatal shooting and charged with being a drug dealer - one of the city's biggest.
It was the fifth time in less than two months that judges decided that 22-year-old Nathaniel Richardson should be given the chance to post bond so that he could stay out of jail until his trials.
Juvenile and Domestic Relations Court Judge Robert Babb made the most recent decision despite arguments that Richardson violated the ``good behavior'' terms of his first bail agreement by selling drugs.
Earlier this week, Richardson also won a battle over custody of the child he fathered by Telisha Johnson, the woman he is charged with killing.
In that case, Babb ordered that 1-year-old Aalyah Richardson be taken from Johnson's mother, Catherine. The judge awarded custody to Richardson's parents.
On May 1, Richardson, out on bond on the murder charge, was arrested with two other men in what Portsmouth police called the largest single crack cocaine seizure in the city's history. The confiscated drugs were valued by police at $72,000.
Many members of the commonwealth's attorney's staff gathered in Babb's small Juvenile and Domestic Relations Court courtroom Friday to watch the proceedings.
Richardson's lawyer, Kenneth Melvin, surveyed the turnout and complained to Babb that it represented a ``transparently crude way of intimidating the court
The commonwealth's attorney argued that Richardson is, in his opinion, a threat to the community because, the prosecutor claimed, Richardson has continued illegal drug activities since being released from jail on bond May 2.
Prosecutors also argued that Richardson's record shows that he failed to appear four times for court appearances. He appeared in court Friday.
``We do not think he should be allowed to walk the streets of Portsmouth,'' said Helivi L. Holland, assistant commonwealth's attorney.
In refusing to put Richardson in jail, Babb said there was not enough evidence to revoke the $50,000 bond set in Circuit Court after Richardson was arrested March 22 and charged with murder in the shooting death of Johnson, his 19-year-old girlfriend, who was pregnant when she died.
Babb refused to consider testimony from a police detective, who said he believes Richardson is still operating his large crack cocaine business. The detective relayed to the court conversations she had with a police informant alleging that Richardson was continuing criminal activity. Babb called the evidence hearsay and refused to consider it in making his decision.
Prosecutors refused to call the informant to testify because they would have had to identify the person. Babb said he had no other option but to allow the bond decision to stand because the drug arrest remains only an allegation that has yet to be proven.
For instance, the judge said, the drug seizure occurred on 5th Street in Southside Gardens, the residence of one of the other men arrested in the raid - but not where Richardson lives.
``What you have told me today is that he was arrested in a house with drugs,'' Babb said to the prosecutors. ``But nobody said it was (Richardson's) house. . . . I don't think I can revoke his bond based on that.''
In his defense of Richardson, Melvin argued that prosecutors were trying to ``cold-cock'' the defendant by presenting the hearsay evidence. Melvin also said that by asking that bond be revoked, the prosecution wanted Richardson found guilty before he is tried.
``He has only been charged with a crime,'' Melvin said. ``And they want punishment to commence by revoking his bond.''
Melvin called the drug case against his client ``weak,'' claiming that his client only happened to be in the apartment when the police made the raid and seizure.
Richardson will have a preliminary hearing on the drug charges June 21. He will go to a preliminary hearing on the murder charge July 18. After Friday's hearing, prosecutors expressed dismay at Babb's ruling. They said Babb and other judges are allowing Richardson to continue selling drugs by granting him bail. ``He has not ceased his illegal activities at all,'' Holland said. ``But we have fulfilled our responsibility to the community. We presented the evidence to the judge and he made the decision.'' ILLUSTRATION: Color photo
Nathaniel Richardson
KEYWORDS: MURDER DRUG ARREST COCAINE by CNB