THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, August 15, 1995 TAG: 9508150250
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JOE JACKSON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 69 lines
Able H. Stringfield, convicted in 1993 of murdering and robbing Norfolk State University student Melvin Gregory, is being retried on all charges this week after a state appeals court reversed his conviction in April.
On Oct. 20, 1993, Circuit Judge Lydia Taylor sentenced Stringfield to 121 years in prison for the 1992 murder of Gregory, a 25-year-old NSU senior.
Earlier that year, a jury had found Stringfield guilty of second-degree murder, robbery, conspiracy to commit robbery and two firearms charges. They recommended life in prison.
But Taylor gave Stringfield a lesser term because life would have been a harsher sentence than that received by the trigger man, Archie Christian.
Then, on April 11 this year, a three-judge appellate panel reversed Stringfield's conviction because of an ``error in the judgment'' and sent the case back to trial, court records show.
The judges wrote that testimony was improperly allowed into the trial. An expert witness was allowed to express her opinions about the credibility of Stringfield's co-defendant, Keith Hicklin, who testified against him, records show.
``It is well established that an expert may not `express an opinion as to the veracity of any witness,' '' the judges wrote, quoting state law. ``The expert's testimony was, therefore, erroneously admitted into evidence.''
Gregory, a business major, was ambushed on March 25, 1992, across from campus by three men bent on stealing a car. He was shot during an attempt to steal his 1990 Ford Probe, then kicked and berated as he lay dying, testimony showed. Police soon arrested Stringfield, Christian and Hicklin.
Christian, who shot Gregory, was convicted of first-degree murder, robbery and use of a firearm, and sentenced to 109 1/2 years. Because of local news coverage of the highly publicized case, his trial was moved to Alexandria.
Also in 1993, Hicklin was found guilty of murder and two counts of robbery. He was sentenced to 35 years in prison.
The three co-defendants were young at the time of their arrests. Stringfield was 21, Christian 18 and Hicklin 16. All were tried as adults.
On Monday, prosecutor Norman Thomas told the new jury that on the evening of the murder, Stringfield and his two co-defendants met at Hicklin's house to plan a car theft. While there, they were overheard by Hicklin's friend, James Brownson, who later became the state's star witness.
When Stringfield, Christian and Hicklin left the house, they were carrying a chrome-plated .45-caliber handgun, Thomas said.
Gregory had gone to classes at 3 p.m. that day and stayed on campus until about 8 p.m., when hewalked back to his car, Thomas said. He was met by Christian and Stringfield, who tried to rob him of his keys. When Gregory resisted, Christian shot him once in the chest, Thomas said. Gregory died at the scene.
Stringfield ran away when the shot was fired, then was picked up by Christian, who was driving Gregory's car, Thomas said. The three dumped the car nine blocks away, then hurried back to Hicklin's house, where they talked about the murder in front of Brownson, Thomas said.
Brownson later told police what he had heard.
Stringfield's attorney, Michael Fasanaro, told jurors that Brownson gave police many statements filled with ``major inconsistencies.'' These inconsistencies cast significant doubt on Stringfield's guilt, Fasanaro said.
The trial resumes today and is expected to last two or three days. ILLUSTRATION: Photo
Able H. Stringfield was convicted in 1993.
KEYWORDS: RETRIAL MURDER SHOOTING REVERSAL by CNB