DATE: Friday, August 8, 1997                TAG: 9708080638

SECTION: LOCAL                   PAGE: B5   EDITION: FINAL 

SOURCE: BY JUNE ARNEY, STAFF WRITER 

DATELINE: CHESAPEAKE                        LENGTH:   50 lines

SUSPECT IN CHESAPEAKE DEATH SEEKS TO MOVE TRIAL

A judge is considering a defense lawyer's request to move the murder trial of Elton M. Jackson, accused in the death of Andrew ``Andre'' D. Smith, out of Hampton Roads.

Jackson's lawyer argued Thursday that Jackson cannot receive a fair trial here because of publicity surrounding the case. Circuit Judge V. Thomas Forehand said he would rule on the motion Aug. 28. Jackson's trial is scheduled for Sept. 8.

Jackson's defense attorney Randolph D. Stowe on Thursday cited newspaper and television reports that refer to similarities between Smith's death and the deaths of other men believed to be victims of a serial killer.

``Every article or broadcast related to Mr. Jackson's arrest has mentioned the serial killer,'' Stowe said. ``You get somebody believed to be a serial killer even though he's only charged with one murder. . . . The only way we can get a fair trial in this case is to give us a change of venue.''

But Deputy Commonwealth's Attorney Nancy Parr argued that it is not necessary to move the trial of Jackson, 41.

``We are not trying him on the other cases,'' she said. ``The presumption is that he can receive a fair trial here in Chesapeake.''

After the hearing, Stowe said he thought the trial should be moved at least as far away as Richmond.

Through his attorney, Jackson has denied that he killed Smith in July 1996 or that he is a serial killer who has stalked Hampton Roads since 1987, killing as many as 12 men.

Although Smith's slaying bore strong similarities to the serial killings, police have said they cannot link Jackson to the other slayings. They also have not ruled him out as a suspect in those killings.

When interviewed by police shortly after Smith's killing, Jackson denied knowing the victim. He repeated the denial in February, when police went to his home with search warrants and told Jackson that DNA samples from cigarette butts taken from his car matched swabs taken from the victim, prosecutor Parr has said.

When Jackson was arrested, he again denied knowing Smith, 38, she said. Only after he was at police headquarters did he admit having consensual sex with Smith.

Stowe has said his client lied about knowing Smith because he was frightened. ILLUSTRATION: Photo

Elton M. Jackson: His lawyer says comparisons to serial killings

will keep Jackson from getting a fair trial. KEYWORDS: SERIAL KILLER MURDER HOMOSEXUAL GAY TRIAL

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