THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, February 12, 1997 TAG: 9702120445
SECTION: LOCAL PAGE: B9 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
LENGTH: 42 lines
The state Court of Appeals on Tuesday upheld the 1995 conviction of Kelly Anne Dara, convicted of killing a Salem High School classmate in Virginia Beach.
The case became mired in controversy after defense lawyers alleged that early hearings in Dara's trial were handled improperly.
In a ruling Tuesday, a three-judge appeals panel affirmed Dara's conviction for first-degree murder, attempted robbery and conspiracy to commit robbery.
Dara, who was 17 at the time of the killing, was released briefly after her first hearings when a juvenile court judge said he no longer had jurisdiction to handle the case. His ruling came after prosecutors withdrew Dara's charges in adult court and tried to return to juvenile court. Dara was convicted in the March 1995 death of classmate Joseph D. Garcia III. She was sentenced to life in prison and will be eligible for parole at age 60, in the year 2037. Prosecutors said Dara lured Garcia to her house, then her boyfriend, Joshua M. Johnson, stabbed him in the back. Dara and Johnson fled to North Carolina and were captured the next day at an Outer Banks motel.
Johnson also was convicted of murder and sentenced to life in prison without parole.
During the trials, prosecutor Albert Alberi said Dara and Johnson killed Garcia to steal his car and so Dara could get revenge against Garcia for rejecting her romantically.
Dara's attorneys appealed her conviction. They said prosecutors failed to provide exculpatory evidence, denying her a proper hearing when her case was transferred from juvenile court to Circuit Court. Dara's attorneys also argued that prosecutors should have held a new transfer hearing after the first set of charges were withdrawn in Circuit Court.
The appeals court disagreed with both arguments, ruling that prosecutors followed proper procedures. ILLUSTRATION: Photo
Kelly Anne Dara, who was 17 at the time of the killing, will be
eligible for parole in the year 2037.
KEYWORDS: MURDER CONVICTION COURT OF APPEALS JUVENILE