THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, January 11, 1996 TAG: 9601110335
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: Medium: 52 lines
A judge sentenced a convicted murderer Wednesday to 15 years in prison for killing his friend in 1991, despite allegations of juror misconduct that surfaced during the hearing.
Harry ``Steve'' Caprio, 42, was convicted of second-degree murder in October in the beating and strangulation of Elizabeth ``Marie'' Bickley, 40.
Circuit Judge Johnny Morrison followed the jury's recommendation of a 15-year sentence, although defense attorneys argued that a juror told a witness that she had decided Caprio was guilty before the trial was completed.
Charlotte Matsushige, who testified during the October trial as a character witness for Caprio, said she and a juror discussed the case in a doctor's office where she worked as a nurse.
On Wednesday, Morrison gave defense attorneys 10 days to present legal briefs outlining their arguments of juror misconduct. He said he would take the objections under advisement.
If the judge determines there was misconduct, he can declare a mistrial and order a new trial.
The case has been tried twice. An earlier trial ended in a mistrial when jurors could not reach a unanimous verdict.
Prosecutor Will H. Jamerson said it is very unlikely that the judge would order a new trial. ``If he was going to do it, he would have done it today,'' Jamerson said.
A motorist found Bickley's body at Race Street and Powhatan Avenue. The victim had been beaten and a 21-inch white plastic tie was found around her neck.
Police found Bickley's blood on a pair of Caprio's shorts. They also found cords in Caprio's home similar to the one found around Bickely's neck. Caprio was the last person seen with Bickley. There were no witnesses to the slaying.
John Bickley, the victim's son, told the judge and Caprio in an emotional speech Wednesday in court that he was 17 when his mother was murdered and his life has never been the same.
``Me and my mother, we had a very, very tight relationship,'' he said. ``She was my best friend.'' Addressing Caprio, he said, ``Your mom came up and gave you a hug and a kiss. How the hell does it feel? . . . I will never experience that again. I feel like it's a big, cruel joke.''
KEYWORDS: MURDER STRANGLING TRIAL VERDICT
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