THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, March 26, 1996 TAG: 9603260317
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 64 lines
Statements by a jail informant and a co-defendant whose shooting death was allegedly orchestrated by Royale Stewart from his jail cell will be allowed as evidence in Stewart's capital murder trial, a judge ruled Monday.
Circuit Judge John E. Clarkson said that police had not stepped over the line in obtaining information from an inmate jailed in the same cell block with Stewart, 17, during May and June of 1995.
Joseph Francis testified that he called detectives after fellow inmate Stewart started telling him details of the shooting death of Kevin Gallegos outside a 7-Eleven on Feb. 10, 1995. Francis began taking notes to keep track of the story.
``It was an everyday conversation with him about his crime, how he talked about it and bragged about it,'' Francis testified. ``After several days of hearing the continuous story, I became interested in it. I wanted to know more. It's like a book. I wanted to hear the ending.''
Francis, serving time for probation violation, said he sometimes listened to Stewart's conversations as he wrote or pretended to write letters on the seventh floor of the Norfolk Jail in cell block 7-C. At other times, Francis said, he picked up the telephone on one side of a podium as Stewart talked at a telephone on the other side. Francis said he then dialed a number he knew wasn't working, waited for the recording to end and pretended to talk on the phone while he listened to Stewart talk, he testified.
Defense attorney John R. Doyle III tried to argue that Francis had acted as an arm of the state by eavesdropping on Stewart's conversations and by engaging him in conversation, then reporting back to detectives.
``It's almost like Francis is a junior police officer or something getting his merit badge,'' Doyle said.
But the judge said police did not initiate the contacts with Francis, gave him no instructions on what to ask Stewart and offered no inducements.
``Seems to me the officers had an obligation to listen, and listen they did,'' the judge said.
The judge also allowed into evidence a nine-page statement made by Gerald Crandle - the co-defendant who gave police statements incriminating Stewart in Gallegos' murder - before Crandle was shot to death on July 27, 1995.
Police allege that Stewart plotted Crandle's killing from the Norfolk jail. Prosecutors have 54 cassette tapes obtained through wiretapping of conversations between Stewart and Ocie Wilson. Wilson, the accused triggerman in Crandle's slaying, is charged with murder, conspiracy to commit murder and use of a firearm.
During the Monday hearing, Stewart frequently turned and smiled at several girlfriends, his young daughter who sat on the lap of relatives, his mother, grandparents and cousins.
Stewart, who turns 18 on Friday, is to be tried for Gallegos' death on July 8. The trial is expected to take two weeks. ILLUSTRATION: MARTIN SMITH-RODDEN/The Virginian-Pilot
Royale Stewart frequently turned to supporters during an evidentiary
hearing Monday. His trial will begin July 8.
KEYWORDS: TRIAL ARREST SHOOTING MURDER by CNB