HARSH SENTENCES LEAD MANY DEFENDANTS TO PLEAD GUILTY

Botetourt County Juries Send Message That They're Not In Wrist-Slapping Mood

"The people in Botetourt are tired of being taken advantage of," one juror
said.

Steve Simmons, a Botetourt County resident who has served on the jury in
two recent criminal trials, sums up his feelings about crooks in Botetourt
like this:

"If you are going to break the law, don't come to Botetourt. We don't want
you."

More recently than ever, that seems to be the sentiment the county's juries
are expressing. Around the Roanoke Valley, Botetourt is getting a
reputation for being hard on criminals, especially those who elect jury trials.

Consider three recent cases:

Keith Harris conned two Botetourt families while on bond for similar crimes
in Roanoke County. A Botetourt jury gave him 31 years in prison.

Roger Dean Poindexter was in a wheelchair but got no sympathy from a jury
that gave him 10 years in prison and a $100,000 fine for possessing
methamphetamine with intent to distribute. That sentence and fine was one
of the harshest penalties for a drug-related offense in Botetourt in the
last six years.

And just last week, a jury recommended 25 years in prison for Randall
Robertson, a former correctional officer convicted of selling OxyContin to
inmates at the Botetourt Correctional Unit in Troutville. Robertson had
legal prescriptions for 60 of the pills a month to relieve pain he suffered
after being hit by a car in 1998.

"Overall, a tougher brand of justice is practiced in Botetourt than in the
23rd Judiciary," which includes Roanoke, Salem, and Roanoke County, said
Roanoke Commonwealth's Attorney Donald Caldwell. In Botetourt, "judges and
the community hold you accountable."

Botetourt juries seem especially tough on drug abusers and dealers. Most
drug defendants have taken notice.

Last fall, 45 people were arrested during a drug sweep. All were set for
jury trial, but 43 of the defendants pleaded guilty. Two of the cases
haven't been to trial, and Commonwealth's Attorney Joel Branscom said he
has indications from defense attorneys that the two will take a plea.

Between 40 percent and 50 percent of the circuit court cases are set for
jury trials but less than 5 percent end up before a jury. That's about the
same percentage as in Roanoke, where 30 percent to 40 percent of the cases
are set for juries, Caldwell said.

Besides the actual prison sentences, defendants have slim chances with the
outcome of a trial. In the last two years, one Botetourt jury has
deadlocked, but the rest have handed down guilty verdicts. Judges also
impose jury-recommended sentences.

Recent Botetourt jurors say they're trying to send messages that they won't
tolerate "ridiculous" criminal behavior, said Susan Quesinberry, a juror on
the Harris case. "The people in Botetourt are tired of being taken
advantage of," she said.

Prosecution evidence in the Harris and Robertson cases led juries to
quickly decide the defendants' guilt, Simmons said. But deciding the length
of the sentences took some wrangling. There were even concerns about
taxpayers supporting the criminals on a long-term basis, he said.

In the Harris case, the men mainly wanted to "get him good ... to get him
out of here" by giving the maximum, Quesinberry said. "He did wrong. He
took their money, but there was no physical harm. He never had a gun and
never threatened anyone's life," Quesinberry said.

No one on the jury thought sending Harris to prison for 31 years was
unreasonable, according to Quesinberry. But she has concerns about
taxpayers footing the bill for inmates. Quesinberry advocates more
work-related programs for inmates to keep the cost of their imprisonment down.

Although his recommendations to clients vary on the individual case,
defense lawyer David Walker said the circumstances of a case would have to
be extraordinary for him to recommend that a client take a jury trial in
Botetourt.

In general, "juries can get inflamed over things judges don't," Walker
said. Attorneys have to be picky in which cases they take to a jury, and
they have to defend those cases in a different manner, he said.

Juries typically recommend harsher sentences than judges, said Washington
and Lee University law professor Roger Groot. He and others said the number
of jury trials appear to have declined over the years.

Defense attorney Chris Kowalczuk thinks that's why the harsh sentences in
Botetourt are more noticeable.

The stiff sentences also could be Botetourt residents' way of dealing with
growing pains as new people come into a traditionally crime-conservative
community, Groot said.

"People move to bedroom communities so they don't have to deal with city
problems. If you bring them out to us, we are going to slam dunk you."

The scene has been repeated in Chesterfield County and other areas of the
country, he said.

A jury trial is a "useful leveraging tool for the commonwealth," he said,
adding a defendant can waive a jury trial, but the commonwealth has to agree.

"The only way not to have a jury trial is to plead guilty," he said. In
Virginia, if the defendant, commonwealth or judge asks for a jury trial,
one must be held. A prosecutor or the judge can insist on a jury trial over
the wishes of the defendant.

Virginia also is one of a handful of states that allows juries to recommend
sentences after making convictions, Groot said.

Most jurors probably will serve on only one jury in a lifetime. They'll go
in and hear the facts, Groot said. If they are offended or somehow affected
they will show it in their sentence.

A judge, on the other hand, will see the cruelty in one rape case, but can
compare it to other rapes, Groot said.

Judges also must stay within narrower sentencing guidelines than the range
that juries are given, Groot said. The guidelines are based on criminal
history, whether a weapon is used and other factors.