DATE: Thursday, May 1, 1997                 TAG: 9705010508

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 
SOURCE: BY NAOMI AOKI, STAFF WRITER 

DATELINE: NORFOLK                           LENGTH:   51 lines

POLICE: TEEN SUSPECT TOLD TWO VERSIONS OF SLAYING

A 15-year-old charged in the rape and murder of a 73-year-old Ocean View woman told police he was home lying in bed after having broken into the woman's house when he decided to go back and kill her, a homicide detective testified Wednesday.

That's what the defendant, James E. Davis, said when he first confessed to police, homicide Detective William L. Ross testified. But in a taped statement taken later, Davis said he returned to the victim's home to have sex with her and did not intend to kill her, Ross testified.

The victim, Mary D. Franklin, was found dead in her home in the 9400 block of Hickory St., near Willoughby Spit and Norfolk Naval Air Station, a little more than two weeks ago. Neighbors called Franklin ``The Angel of Hickory Street.''

Wednesday, during a preliminary hearing, Davis faced charges of capital murder, rape and two counts of burglary in Franklin's killing. Under state law, Davis will be tried as an adult.

Davis glanced quickly at his parents, step-parents and siblings when he first entered the courtroom. But throughout the testimony, the red-haired boy sat with his head hung low, looking only at the table in front of him.

Several members of Franklin's family, including her husband and one son, were in court. Some neighborhood children also came to the hearing.

Ross testified that Davis confessed to breaking into Franklin's home while she was sleeping, stealing from her and then returning to his own home one street away in the 9400 block of Mason Creek Road.

Initially, Davis told police that once in bed at his home, he decided to go back and kill her, Ross said. Later, he confessed that he decided to return to Franklin's house to have sex with her but did not intend to kill her, Ross said.

In both confessions, Davis denied having sex with Franklin.

But physical evidence indicates that Franklin, who was stabbed repeatedly, was raped, experts testified.

Semen was recovered from the victim's body and will be sent for DNA testing, forensics expert David A. Pomposini testified.

Franklin was also badly bruised. She had 30 bruises on her legs, all of which were inflicted shortly before she died, said Dr. Elizabeth Kinnison, assistant medical examiner.

``The bruises are consistent with a struggle,'' Kinnison testified.

The case will be heard by a grand jury May 7. ILLUSTRATION: [Color Photos]

James E. Davis changed his story between making his statement and

confession. KEYWORDS: MURDER RAPE HEARING

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