THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, July 6, 1995 TAG: 9507060353
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 78 lines
Last year Michael D. Clagett confessed to everyone who would listen, admitting that he shot four people in the head at the Witchduck Inn. He demanded to be executed.
In April, Clagett changed his plea to not guilty and demanded a jury trial.
But on Wednesday morning, just as opening statements were to be made in his capital murder trial, Clagett's lawyers asked for, and got, a one-day delay in the start of the trial to discuss ``administrative matters.''
Such a delay so late in the game is rare, and may signal that Clagett wants to change his plea to guilty.
Opening arguments were scheduled to start at 9 a.m. Wednesday. Instead, lawyers spent two hours shuttling between the courtroom and the judge's chamber while the jury waited in a back room.
Later, lawyers on both sides refused to explain the delay. It came after they had spent five days last week selecting 14 jurors and alternates, and after prosecutors had set up video equipment and a large movie screen to show jurors evidence.
Asked if Clagett is about to plead guilty, Commonwealth's Attorney Robert Humphreys said only, ``He's got a constitutional right to change his plea, if he wants to.''
Clagett's lead attorney, Public Defender Peter T. Legler, had no comment.
Clagett is charged with capital murder and could be sentenced to death if convicted.
Judge Edward W. Hanson Jr. apologized to the jury for the two-hour delay, saying it was due to ``administrative matters.'' Then he dismissed the jury for the day, offering a vague explanation.
``It's a brief delay. It is administrative and that's all I can tell you at this time,'' Hanson said.
Hanson asked the lawyers to return this morning a half-hour before the jury to discuss matters. The discussion probably will take place in open court, Humphreys said. Humphreys said the judge granted the one-day delay over his objections, at the request of Clagett's lawyers. He said the judge asked him not to comment on the reason for the delay. ``It will all become apparent tomorrow (Thursday),'' Humphreys said.
Clagett, 34, is accused of shooting four people in the head at the Witchduck Inn on June 30, 1994, killing the bar's owner, a bartender, a handyman and a patron.
After his arrest, Clagett confessed to several news reporters and a judge. Over and over, he expressed remorse and said he wanted to die. To a judge, Clagett said last July, ``Can we skip the preliminaries and go straight to sentencing?'' To a reporter, Clagett said, ``It's just wasting the taxpayers' money (to have a trial). I may have been drunk and smoking, but I know that I did it. Just go ahead and electrocute me.''
Later, however, Clagett apparently changed his mind. Clagett's lawyers changed his plea in April to not guilty. Legler said, ``It is up to the jury to decide whether he dies. It is not law that the defendant be allowed to commit legal suicide.''
Last week, Clagett pleaded not guilty to each of the 11 charges against him: five counts of capital murder (one for each victim, plus one for serial murder), one count of robbery and five firearms charges.
If the trial begins today, prosecutors plan to use one of Clagett's TV interviews as evidence against him.
Ironically, Clagett's lover and co-defendant, Denise Holsinger, took the opposite tack from Clagett.
After her arrest, Holsinger insisted she had nothing to do with the slayings and said she would fight the charges against her. Clagett has said Holsinger helped plan the robbery and killings and urged him to ``Do it!'' when he hesitated to shoot the victims.
Later, Holsinger pleaded guilty to first degree murder. She will be sentenced July 19. ILLUSTRATION: Michael D. Clagett, 34, is charged with capital murder and could
be sentenced to death if convicted.
KEYWORDS: MURDER SHOOTING TRIAL by CNB