Wednesday, February 02, 2005

Morgan’s Guilty Plea Stands

Xenia Uzella Morgan will have her day in court, but it will not be way she wanted it.
Judge William L. Wellons denied Morgan’s motion to withdraw her guilty plea in the May 2003 murder of Lillian Taylor after a hearing yesterday in Halifax County Circuit Court.
Morgan, a 33-year-old Nathalie resident, had pleaded guilty to the May 9, 2003 capital murder of the 70-year-old Taylor after jury selection at her trial last July, but filed a motion a month later to withdraw her plea. Morgan maintained her guilty plea was mistakenly made and that she had defenses available for the charges against her.
Judge Wellons deliberated more for more than an hour before making his decision after hearing two hours of testimony from Morgan herself and two expert witnesses called by Morgan’s attorneys, R. Clinton Clary Jr. and Joseph Teefey.
Clary and Teefey were appointed in November to represent Morgan after her original attorneys, Douglas Ramseur and Glenn Berger, withdrew from the case, citing potential conflict of interest.
Morgan testified she didn’t discuss changing her original plea of not guilty with her attorneys until the day the jury was selected.
“I didn’t want to go for it at first, my lawyers said if the jury sees the tapes [evidence] they might sentence me to death,” said Morgan.
Morgan told the court she talked to her father and boyfriend for 10-20 minutes before deciding to plead guilty.
When asked by Clary why she pleaded guilty, Morgan said “Because I wanted to hurry and get it over with.”
Morgan testified she didn’t think she had enough time to fully consider her options that day, adding she has since changed her mind.
“If I had more time I would have pleaded not guilty,” she said, adding that in her opinion Ramseur and Berger influenced her decision.
Commowealth’s Attorney Kim White asked Morgan to recall her answers to questions posed by Judge Wellons after she entered her guilty plea.
Morgan answered “no” when White asked if she asked for more time to consider her plea, and “no” to a question by White if Berger and Ramseur had told her anything that was not true.
White reminded Morgan that she told Judge Wellons she was not coerced into making her guilty plea and that she understood the consequences of her actions.
Despite the objections of White and Assistant Commonwealth’s Attorney Michelle Gowdy, the defense entered into evidence testimony of witnesses Dr. Robert Hart and Dr. Randy Thomas, both clinical psychologists.
Hart testified he examined Morgan and concluded there was clear evidence of “specific brain disfunction,” particularly in the frontal lobe area of her brain.
He concluded that condition would possibly interfere with Morgan’s ability to reason and ability to solve a problem.
When asked by Teefey if that would have interfered with Morgan’s ability to make such a difficult decision in little more than an hour, Hart indicated it would.
“I think somebody in that position would be at a disadvantage given the circumstances,” said Hart, who under questioning from Gowdy, admitted that disadvantages could be compensated for if everything were properly laid out and time taken to explain them by her lawyers.
Thomas testified he also found evidence of defects in problem solving ability and decision making in Morgan.
“It involves judgement and ability to set a course of action,” said Thomas, who emphasized that it still didn’t change his original assessment.
“Despite her borderline IQ, I didn’t believe it affected her ability to stand trial,” said Thomas.
“She now wants to take her chances with a jury and realizes it takes only one person on a jury to deadlock it," he testified.
Both White and Clary cited case law to defend their positions, Clary telling the court it has the discretion to allow a defendant to withdraw a guilty plea prior to the time a sentence is imposed.
“In this case, you’re presented with a woman charged with capital murder and clearly the court must proceed with caution," said Clary.
“You’ve heard evidence of frontal lobe damage severely affecting decision-making ability…
“You have a woman getting conflicting advice and saying a guilty plea was not discussed until the trial started. Is it reasonable for her to make such a decision in such short notice?"
“It would be a miscarriage of justice not to allow her to withdraw her plea."
White emphasized that Morgan made her guilty plea in a clear and strong voice, not even becoming emotional when understanding the death penalty could be applied in her case.
“In this case, the defendant testified she was never told anything by her lawyers that wasn’t true, that there was no new evidence, that she was not unduly influenced or coerced," said White.
White pointed to Hart’s testimony stating Morgan’s disabilities can be compensated for.
“She can make a competent decision. The lawyers spent hours explaining her options and got her access to family members, and she was very specific about what she heard.
“Frankly, what the court has is someone who changed her mind only and that alone is not a basis for her to withdraw her plea."
Wellons found no basis for granting Morgan’s motion to withdraw her guilty plea.
“Dr. Hart testified she [Morgan] had limitations but that they could be compensated for," said Wellons in his decision.
“Dr. Thomas testified she [Morgan] was competent. There is no question she had an opportunity to talk with her attorneys, this was the third day of jury selection. The defendant had the benefit of [knowing] what had transpired in this case up until that time.
Wellons said Morgan showed no reservations in making her guilty plea and indicated no hesitancy in understanding the implications of that plea when questioned by the court.
“The court finds no evidence here to indicate mistakes…, no evidence she didn’t understand the consequences, and no evidence of fraud or coercion," said Wellons.
Morgan was remanded to custody and the case continued until February 28 for additional motions regarding sentencing.

Zoning Request For CVS Property Is Withdrawn

South Boston businessman Harmon Saunders withdrew a rezoning request for approximately 3.58 acres as a possible site for a new CVS pharmacy in South Boston yesterday.
Saunders said he withdrew the request “because it became apparent there was such tremendous opposition to it, and we were not interested in pursuing something that had that much opposition."
The request to conditionally zone the land at the corner of Hamilton Blvd. and Halifax Road was scheduled to go before the Planning Commission for public hearing next week.
South Boston officials cancelled the hearing yesterday.
“If the community doesn’t want it, then we didn’t want to put them in the position to have to argue about it," added Saunders. “That’s not what we are about."
The businessman said his company is continuing to explore other options for CVS.
Last year, a site in the Center/Broad streets area was explored as a possible site, but CVS did not pursue that option.
Those opposing the location of a CVS Pharmacy at the Hamilton/Halifax Road site had no trouble gathering signatures to challenge the rezoning, according to a Halifax Road resident who signed the petition. Residents in Balmoral and along Halifax Road cited several concerns, including traffic, lights and a parking lot bordering the residential zones.
Dr. R.L. Haney, a former South Boston resident, owns the property that was being considered.
The South Boston Development zoning application request for the property was signed by J. Harmon Saunders.

School Academy To Focus On Art For All Ages

Proposal Could Lead To College-Level Art Technology Classes
Although still in the planning stages, a joint initiative from the Community Arts Center Foundation and Halifax Public Schools could bring enhanced arts education to area children of all ages.
The proposal, an arts academy located at The Prizery, would begin this fall with two-hour art classes for four-year-old children in the school system’s existing pre-school program, according to Prizery Executive Director Chris Jones.
“All of it is still in the very beginning stages,” said Jones,” but we want to offer music, dance and art classes for those children.”
Both Jones and Superintendent of Schools Paul Stapleton said they hope the program will quickly grow to provide art instruction for all ages.
“We are starting with the four-year-old arts academy and planning on pulling kindergarten in, maybe in the fall,” said Stapleton. “We would then expand it to specialized programs for middle and high school students. There would eventually be a lot of specialized programs high school students could be a part of, including arts technology, classical dance and strings.
“What I would eventually like to offer are college credit classes for our high school students,” he added.
Even though the academy is still in the earliest planning stages, Stapleton said such classes might be a possibility by the 2006 spring semester.
But for the time being, both Stapleton and Jones are focusing on what they can offer younger children.
“There is substantial research in the education community that shows the more we can do with arts as a whole the better off we are," said Stapleton. “We want to start at an early age to identify students who have talent so we can find programs for those children as they come through the system. We really want to create a true gifted and talented program here.”
Jones said arts education at such an early age could lead to improved performance in other academic areas as the students progress through school.
“Being able to impact children’s learning process at a very early age is where the greatest benefits are achieved,” he said. “Music instruction in particular enhances the minds ability to deal with math and science later on.”
“And it is important not just for academic improvement, but also so we can give them true arts experiences,” added Stapleton. “We are trying to give the students a unique experience.”
Funding and staffing of the academy are still being worked out, according to Stapleton.
“I don’t think we have gotten to the specifics yet,” he said. “We may end up sharing some of our staff or it may be more of an artist-in-residence program. We are still looking at how we would do it.”

Alice Vivian Clayton

Alice Vivian Clayton, 68, of 1116 Shady Grove Church Road, Virgilina died January 31 at Halifax Regional Hospital.
Mrs. Clayton was born in Danville on November 22, 1936, the daughter of the late Walter Sylvester Parnell and Ethel Young Parnell and was married to John B. Clayton Sr.
Survivors include her husband; one daughter, Tina Weadon and special friend, Joe Harris, of Roxboro, N.C.; two sons, Mitchell D. Brooks and wife, Teresa, of Scottsburg, and John Berry Clayton Jr. and wife, Cindi, of Halifax; four sisters, Shirley Durham and husband, Doug, of Axton, Edna Mae Lewis of Reidsville, N.C., Patricia Holly of Danville, and Roberta Kaiser of Cooksville, Tenn.; one brother, William Walter Parnell of Bear, Del.; three grandchildren, Joshua Mitchell Brooks of Scottsburg, Tyler Anthony Clay of Halifax, and Ciero Dianne Koral of Halifax; and her special friends, Gracie and Richard Jacobs of South Boston. Other than her parents, Mrs. Clayton was preceded in death by one sister, Virginia ‘Tootsie’ Motley.
A memorial service for Mrs. Clayton will be held February 5 at 2 p.m. at Powell Funeral Home Chapel with the Rev. Horace Murray officiating.

Enolia Clay Johnson

Enolia Clay Johnson, 78, of Gretna died January 28 at Lynchburg Health and Rehab Center.
Mrs. Johnson was born December 5, 1926, in Halifax County the daughter of the late Paul Carrington Clay and Lottie Montgomery Clay Millner. She was preceded in death by her husband, Clarence Benjamin Johnson; two sisters, Virginia Shipp and Vila Crews; five brothers, Charlie Clay, J.T. Clay, Johnnie Clay, Silas Clay and Junior Clay; and two grandchildren.
Mrs. Johnson was a retired employee of the Lane Company, a member of West End Church of Christ and the church Ladies Auxiliary.
Her survivors include three sons, Herman Johnson of Rocky Mount, N.C., Danny Johnson of Yanceyville, N.C. and Bernard Johnson of Rustburg; a daughter, Wendy Driskill of Rustburg; four brothers, Earl Clay of Sutherlin, Willie Clay of Brookneal, Owen Clay of Thomasville, Ga. and Robert B. Millner of Vernon Hill; three sisters, Florine Simpson of Gretna, Pokie Bliss of South Boston and Joyce Rhoades of Summerfield, Fla.; eight grandchildren; and four great-grandchildren.
Funeral services for Mrs. Johnson were held January 31 at 1 p.m. at West End Church of Christ with Randy Parker, minister and Ronnie Simpson officiating. Burial followed in Mulberry Baptist Church Cemetery.

Dewey Overton Owen

Dewey Overton Owen, 100, of Nathalie died January 31 at Halifax Regional Hospital.
Mr. Owen was born January 12, 1905.
Funeral arrangements were incomplete at press time and will be announced later by Powell Funeral Home.

Kurt Vincent Steube

Kurt Vincent Steube, 40, of Alexandria died January 26 at Alexandria Hospital.
Mr. Steube was the son of Kasper Valentine Steube, who preceded him in death, and Barbara LaFlamme Steube.
Survivors include his son, Kasper Vincent; his stepfather, Edward J. Boris, all of Alexandria; one brother, Karl Victor Steube of Fredericksburg; and one sister, Karen Vigny Steube Gaines of Jeffersonton.
Mr. Steube was assistant manager of Alexandria Shoe and Orthopedic Service.
A memorial service was performed in Alexandria and he will be buried with a private service at Oak Ridge Cemetery at 2 p.m. February 3. The Rev. Andrew Bawtree of Trinity Episcopal Church will officiate.

Suelene Vaughan Averett

Suelene Vaughan Averett, 91, of 4239 Cemetery Road, Virgilina died February 1 at Halifax Regional Hospital.
Funeral arrangements were incomplete at press time and will be announced later by Strickland Funeral Home, Roxboro, N.C.

Waverly Edward Walker Jr.

Waverly Edward Walker Jr., 80, of Halifax died January 31 at The Woodview.
Mr. Walker was born in Halifax County on July 13, 1924, the son of the late Waverly Edward Walker Sr. and Jenny Fox Walker and was married to Marie Tucker Walker. He was a member of Christ Episcopal Church and was a WWII Army Veteran.
Survivors include his wife, one daughter, Donna Marie Walker of Richmond; three sisters, Fannie Barnes, Charlotte Madkins and Pearl Johnson, all of South Boston; two sisters-in-law, Lottie T. Coleman and Delores Tucker; and two brothers-in-law, Seymour Barnes and John G. Tucker.
Funeral services for Mr. Walker will be held February 4 at 11 a.m. at Christ Episcopal Church in Halifax with the Rev. David L. Booher officiating. Burial will follow in the church cemetery.
Visitation will be held tomorrow night, February 3, 10 a.m. until 8 p.m. at the Crawford House.

The Sky's The Limit

HCHS Track Standout Shemelia Brandon Will Lead Comets Into Saturday’s District Championship Meet

BY Doug Ford
G-V STAFF WRITER

You knew the future was bright for Comets track standout Shemelia Brandon
when she a school record in her first meet as a seventh-grader at Halifax County Middle School.
Brandon, a senior at Halifax County High School and a four-year member of both the Comets indoor and outdoor track teams, will lead a contingent of talented Comets track athletes in Saturday’s Western Valley District Championship at Heritage High School in Lynchburg.
She traces her interest in track back to her days as a student at Turbeville Elementary School, and her participation in the Elementary Olympics.
“After the race, Ms. Hamlett (middle school girls track coach Mary Hamlett) asked me to come out for track when I got to middle school," recalled Brandon. “I was excited about it and that might have given me motivation to continue.
Brandon has turned motivation and focus into results as a Comet, the latest being a school record in the triple jump, achieved last weekend at an invitational meet at Virginia Tech.
She broke the school record for the second time this season in the event, jumping a distance of 38 feet, three inches, a mark that qualified her for the state meet. Brandon additionally qualified for the state in two other events at the invitational, the 300-meter race (41.17) and the 500-meter race (1:38).
But, first comes the district meet and Brandon and her teammates will travel to Heritage High School with a ton of momentum, having won their first major indoor invitational meet since 1998 at the same track several weeks ago.
Ironically enough, 1998 was the last year that the girls indoor track team won the Western Valley District.
“I knew we could win that meet, but I was a little surprised when we did," admitted the soft spoken Brandon, who competed in five events during the meet, the triple jump, long jump, 500 meters, 300 meters and 60 meters. She won both the triple jump and 300-meter race.
Brandon, who is looking to continue her track career at Christopher Newport University, is optimistic about her team’s chances this weekend.
“It would be really special for us to win, and I think we can do it, she said. “The team has been working hard to prepare for the meet and we’re going to try our best."
The team’s depth will be a key to the Comets’ chances of winning the district meet, with Brandon and her fellow seniors providing leading the way, according to Comets track coach Mary Douglas.
“They bring a lot of experience, Shemelia in her events, Ashlee Coleman in the shot put, Siobhan Howerton in the triple jump, Erica Taylor in the hurdles," said Douglas.
“They’re pretty used to competing and they help the younger kids relax a little bit. They’re role models for them."
Douglas thinks a Western Valley District indoor track title will mean a lot to the school, but said each athlete will need to focus on her individual event and perform to her capabilities in order for that to happen.
“We need to concentrate on what they’re capable of individually," said Douglas. “The thing about it is the other teams will not sit back and let them win, so they have their work cut out for them."
“A lot of freshmen are a little insecure, even some upperclassmen are not as serious as they need to be. Once they change that attitude, it’ll be awesome," she continued.
Brandon is on the right track to mining her true potential, although a lot of it remains untapped, according to Douglas.
“She has a God-given talent, but she really has no idea how much talent she has," she began.
“Once she realizes how much talent she has, I think she’s going to do a lot better."
Douglas believes that Brandon will thrive at the collegiate level, where she will be exposed to training techniques and resources not seen locally.
“She’s going to go to college and have access to resources we don’t have here," she said. “Once she starts working with people who are at the same level she is, it will make a big difference in her performance.
“Based on what she’s doing right now and after she goes to college, I think we’re looking at a future Olympian."

 

Abbott Will Lead Comets Swim Team Into NW Region Meet

Brittany Abbott, The Comets’ Lone District Champion, Seeks To Advance In Thursday’s Northwest Region Meet

BY Joe Chandler
G-V STAFF WRITER

Brittany Abbott may be small in physical size and young as a high school freshman.
But, her size and youth have not prevented Abbott from becoming one of the top swimmers in the Western Valley District.
Abbott, the only member of the Comets swim team to win a district title, will attempt to qualify for the Group AAA state meet Thursday when she joins 16 of her Comets teammates and many of the region’s top swimmers in the Northwest Region Swimming Championships at Hargrave Aquatic Center.
She will be looking to improve upon her district winning time of 5:51.40 in Thursday’s 500-yard freestyle event and land a berth in the state meet.
With the win, Abbott became one of the youngest members of a Comets swim team to win a district championship.
“Brittany has worked very hard and this big win is a result of that work” said Comets head coach Spencer Ferguson.
Abbott’s climb to the top has not been easy.
She has been swimming competively since the age of three and has a long history of swimming success at the South Boston YMCA and the Altavista YMCA.
In addition to her YMCA swimming, Brittany has been swimming for Hargrave Aquatics for three years and is now in her second year of swimming for the Halifax County High School swim team.
Abbott said she hopes to swim in college but, for now, is concentrating her efforts toward success on the Hargrave Aquatics Team and the Halifax County High School swim team.
“Brittany is a strong swimmer and she is very dedicated to the sport,” Ferguson said.
Abbott is in the ninth grade at Halifax County High School. She is the daughter of David and Jeanette Abbott and the granddaughter of Dickie and Maureen Abbott of Halifax County and Donald and Judy Harms of Hayward, Wis.
A total of 17 Halifax County High School swimmers will compete in Thursday’s Northwest Region meet.
Among them are the members of the Comets boys 200-yard freestyle relay team which includes Ryland Clark, Jimmy Bishop, Eric Nelson and Dane Fergsuon.
That team set a new Halifax County High School record of 1:39.64 while finishing second in last week’s Western Valley District Championship meet.
Also among the members of the swim team that will be competing in the Northwest Region meet are the members of the girls team that qualified through individual events.
That group includes Caroline Clements, Anna Bowen, Morgan McDowell and Courtney McDowell.
Both the Comets girls and boys swim teams finished third in last week’s district championship meet.

HCMS Lions Girls Cagers Rout Park View 48-29

Halifax Unbeaten In Regular Season

BY Doug Ford
G-V STAFF WRITER

With the regular season title and top seed in next week’s Southside Middle School Conference Tournament already secure, Halifax County Middle School girls basketball coach James Smith didn’t know how his team would react in its game at Park View Monday.
The Lions answered that question in fine fashion, rolling to a 30-14 halftime lead on the way to a 48-29 win that gave Halifax a 8-0 conference record and 12-0 mark overall entering next week’s tourney.
Three Lions hit double figures during the game, Tiffany Wilson scoring 13 points, Shakiyla Jeffreys 12 points, and Whitney McCargo 11 points. Nia Brown came off the bench to chip in five points, while Brittany Roberts and Aaron Hodge-Moreno finished with four and two points, respectively. Myisha Younger added a foul shot to the Lions total.
Jasmine Holmes led Park View with a game-high 15 points, and Jeanette Valentine finished with eight points, including both her teams’ treys. Jalisa Jones and Keshera Green each had two points, while Jasmine Smith and Krystal Parrish each canned a foul shot for the Cougarettes.
Smith was pleased overall with his team’s performance against a tough team playing on its home floor, with only a couple of reservations.
“We shot the ball really well, but we had too many turnovers. We threw away too many balls," said Smith.
He quickly added that some of those turnovers result from the Lions’ uptempo offense.
“Tiffany had a real good game and was active inside, and Shakiyla and Whitney had good games, also," said Smith. Brittany had a bunch of assists and played really good defense.
“Overall, we played pretty well besides a few turnovers, but I don’t want to slow them down because it takes away from our game."
The Lions led 10-4 after the first quarter, Tiffany Wilson getting six points, McCargo two and Jeffreys hitting two foul shots, while Holmes answered for Park View with four points.
Halifax added to its advantage in the second quarter, Jeffreys and McCargo each hitting a trey among their seven points. Roberts added four points to help the Lions to a 30-14 lead at halftime.
Holmes continued to work in the paint for Park View, scoring five points in the second quarter, with Jones adding two foul shots and Valentine a basket. Parrish was one for two from the charity stripe in the quarter for Park View.
Each team scored seven points in the third quarter, Wilson and Brown scoring the only baskets for Halifax, with Wilson hitting three of six from the line. Park View responded with a trey fromValentine and four points from Holmes, but the margin was still 16 points, the Lions owning a 37-21 lead heading into the final quarter.
Jeffreys added her second trey of the game, Brown a traditional three-point play, and McCargo and Wilson a basket apiece, while Younger hit one of two foul shots in the fourth quarter to complete the Lions’ totals.
Valentine hit the second of her two treys in the fourth quarter for Park View, while Green and Holmes added baskets and Smith one of four free throws.
Although his team has defeated Park View twice already this season, Smith thinks the Cougars may make a run in the upcoming tournament.
“I’m pretty sure we’ll see Park View again," he noted.

 

   
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