THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, November 6, 1996 TAG: 9611060003
SECTION: FRONT PAGE: A26 EDITION: FINAL
TYPE: Letter
LENGTH: 30 lines
Your Oct. 17 editorial on the Troy Lynn Webb case unfairly criticizes Peter T. Legler, the attorney who represented Webb. While you describe the case against Webb as ``largely circumstantial,'' that description is incorrect. The victim positively identified Webb. Positive identification by a victim is hardly circumstantial evidence.
It is highly likely that the public defender did not call Webb as a witness in his own behalf because Webb was a convicted felon. Unless Webb testified, the jury would not know of his felony conviction. In addition, there is nothing worse than presenting a poor alibi to a jury which may backfire. Juries who feel that they have been lied to by defendants or defense witnesses historically punish more severely. The bottom line is that if defense counsel cannot put on a good defense, it may be better to put on nothing at all and simply attack the commonwealth's evidence.
I have tried many cases against Pete Legler. In my experience, he is one of the most able and energetic criminal defense attorneys in Hampton Roads. I have seen him win cases where he presented no defense evidence and simply attacked the commonwealth's case. I seriously doubt that any attorney could have done any better for Troy Webb given Webb's own prior criminal record.
ALBERT D. ALBERI
Chief deputy commonwealth's attorney
Virginia Beach, Oct. 21, 1996 by CNB