By Doug Loftis
Accused murderer Marquis Lovelle White strolled out of the courtroom in Halifax yesterday and back onto the street under an unsecured $200,000 personal recognizance bond.
Minutes earlier, he sat quietly at the back of the courtroom with two companions and listened as motions were filed by his lawyers for the dismissal of charges that were filed against him last October.
Judge Leslie Osborne refused to rule on that and other motions filed by White's attorney and ordered both the commonwealth and counsel for the defendant to submit additional briefs that will be ruled on July 17.
White, 20, is accused in the pistol slaying of Phillip Lutenter Carrington following what investigators paint as a picture of an illegal drug dispute that went bad.
As bad as things may have gone for the victim and the accused, things don't look good for the commonwealth's attorneys office and chief prosecutor John Greenbacker Jr. either. In a motion filed yesterday by White's attorney, Robert H. Morrison, Greenbacker is accused of "prosecutorial misconduct" stemming from White's release from county jail on June 13, just nine days before he was scheduled to be tried.
That trial was scheduled to have begun this morning but has now been continued until July 19.
At the heart of the issue is the Sixth Amendment to the U.S. Constitution that guarantees the right of an accused to a speedy trial. In Virginia, that time is 152 days. Had White remained in jail until his scheduled trial this morning, it would have amounted to 154 days.
Greenbacker simply says, "We spotted the problem and corrected it."
But White's release from jail appears to have been anything but simple.
White was arrested October 4, 1999, charged with murder and the use of a firearm and initially held without bail. At his preliminary hearing on January 21, a $200,000 secured bond was set, which he did not post, and White remained in the Halifax Adult Detention Center until his unrequested release on the evening of June 13.
In fact, White "affirmatively expressed his desire to remain incarcerated and to speak to with his lawyer" at the time of his release, according to a memorandum filed by Morrison.
When asked by a reporter yesterday if White's release might pose some threat to the public or even the defendant himself, Greenbacker replied, "I don't like to do this, but as a practical matter, this is not the worst of all possible situations."
The prosecutor also noted that White had no prior criminal record and that it is likely his lawyer will argue self-defense.
According to a medical examiner's report, Carrington died of multiple gunshot wounds and was found lying in a pool of blood on Riverdale Road.
Morrison, in his motions for a trial continuance, sets forth the events he claims led to the release of his client on June 13.
Morrison, in his statement filed with the court, says Greenbacker indicated to him that there was a "speedy trial" problem and that White was being released from jail as a "curative remedy." A hearing to effectuate White's release was scheduled for the next morning before Judge William L. Wellons.
At that hearing White was ordered to be released upon his execution of a $200,000 personal recognizance bond.
Additionally, White was to be under pretrial supervision through the court services unit, be of good behavior and have no contact with witnesses,and to appear for trial on June 23.
But White, after conferring with counsel, elected not to bond himself out of jail, refused to sign the recognizance papers and was taken back to jail.
Later the same afternoon, court records state, the commonwealth's attorneys office became aware that White was still in jail, called to the magistrate at the jail and instructed that he be released.
Morrison claims that both Greenbacker and Deputy Commonwealth's Attorney Petra Blanchard told him that they could release White "if they wanted to, with or without his signature and despite the court order."
Morrison states that he appealed to the magistrate that nothing be done until the judge could issue a ruling on the matter the following morning.
Morrison, in conversation with Blanchard, states that he assured her that his appeal for White's delayed release would not prejudice the commonwealth's case since the "speedy trial" issue did not itself become prejudicial until the middle of the following week.
In subsequent conversation with Greenbacker, Morrison states that Greenbacker accused him of "gamesmanship" and that regardless of the repercussions, White would be released immediately from jail.
Morrison states he then spoke with Judge Osborne, who, after hearing his appeal, agreed to instruct the commonwealth's attorneys office to hold the defendant in jail until a ruling could be received from Judge William Wellons the following morning.
Shortly after that phone call, Morrison said that White knocked on the door of his office. "He had been released from jail."
In his arguments set forth in a seven-page memorandum, Morrison claims that the Commonwealth intentionally violated his client's rights in at least two respects:
(1) The commonwealth instructed a magistrate to release the defendant without the proper execution of the bond order by the court only hours before. This, despite communicating with counsel for the defendant and being apprised of the desire of the defendant to have the matter resolved by judicial determination and further that counsel would immediately seek that determination by calling the judge at home, and;
(2) The commonwealth unilaterally changed the conditions of the defendant's bond without first filing with the court the proper motion and notice of hearing, thus the defendant was deprived of his ability to argue the matter before a proper judicial authority.
Actions by the commonwealth, attorneys for White argue, were conducted with full knowledge of the order of the court and in complete derogation of both that order and the applicable laws.
Moreover, attorneys submit, the actions of the commonwealth were conducted despite warnings of their impropriety and, further, despite the availability of the court for a hearing on the matter, within a nonprejudicial period of time.
Attorneys for White, in that same memorandum, allege that the prosecutor, by unilaterally altering the defendant's bond so as to effectuate his desired end result, despite the ruling of the court only hours before, and despite his failure to follow the proper notice and motion procedures established by the Rules of the Supreme Court of Virginia and the Code of Virginia for reducing or altering a defendant's bond, acted to intentionally deprive the defendant of his right to demand of the commonwealth a trial within the limitations set forth in Section 19.2-243 of the Code of Virginia.

A 12-person jury deliberated for little more than two hours yesterday before finding Max Duane Rolfe guilty of second-degree murder in the shotgun slaying of his son-in-law, Joseph McCullock, on December 23 of last year.
The jury recommended a prison sentence of 17 years for the murder charge and an additional three years in prison for use of a firearm to commit the murder.
Judge William Wellons ordered Rolfe be returned to custody pending a presentence report in the July term of 10th District Circuit Court in Halifax.
The 54-year-old Rolfe had taken the stand in his own defense on Tuesday, claiming he shot at McCullock in self-defense, with the intent of shooting over his head to stop a potential assault.
"I'd been told by other people that he (McCullock) had a violent temper.
"I heard he'd gotten into it with somebody else and he had to shoot him (McCullock) to stop him," said Rolfe, during his testimony.
Rolfe further testified that the rumors that Joseph McCullock was dealing drugs and committing adultery were not started by him.
These rumors, according to Rolfe, were already the cause of heated arguments between McCullock and his wife, Jennifer, for weeks leading up to the incident.
Defense attorney Curtis L. Thornhill, in his closing argument, reminded the jury that "you've got to believe beyond a reasonable doubt he (Rolfe) planned this and carried this out."
Thornhill reminded the jury that, according to Rolfe's testimony, the defendant's perception was that he was in danger.
"There is nothing this man can gain by killing Joseph McCullock. He didn't provoke this."
Rolfe had testified the shotgun was fired from the hip, not at shoulder level, as the two eyewitnesses at the shooting had claimed.
"The shot pattern was over his head. If he wanted to kill him (McCullock), he would have shot him in the chest," Thornhill said.
Prosecutor John Greenbacker countered Thornhill's argument.
"This is a true case of first-degree murder. There is no evidence the defendant tried to avoid confrontation.
"Why didn't he get into the car, lock the door and go back to his cabin if he felt threatened?
"There are two eyewitnesses besides Mr. Rolfe," said Greenbacker, referring to McCullock's wife, Jennifer, and Joseph McCullock's sister, Shirley Shotwell.
"This case is involving the credibility of Max Rolfe juxtaposed to the testimony of Jennifer McCullock and Shirley Shotwell.
"Both Shirley Shotwell and Jennifer McCullock said no threatening gestures were made," said Greenbacker.
The commonwealth's attorney also refuted defense assertions that Rolfe was only passing along the rumors of McCullock's drug dealing and adultery.
"Rolfe is saying McCullock is dealing dope and seeing another woman, but doesn't provide any proof of who gave him the information," continued Greenbacker.
Thornhill had portrayed Joseph and Jennifer McCullock as not a "normal everyday couple....
"The drug-dealing and womanizing rumors predated Max Rolfe's arrival. Rolfe was only in town six months," said Thornhill.
In arguing Rolfe's case for self-defense, Thornhill disputed the testimony of both Jennifer McCullock and Shirley Shotwell that Joseph McCullock made no threatening movements when confronting Rolfe.
Thornhill recounted Rolfe's testimony stating that McCullock, known to carry a gun or knife at all times, made a move toward his back pocket before Rolfe shot him.
"I kept my eye on him. I knew the guy was good with a knife," Rolfe said, while testifying on Tuesday.
Greenbacker also addressed that testimony in his closing argument.
"If Rolfe claims that McCullock is that fast and dangerous, if Joseph McCullock is acting that quickly, how can he reach into the car, load the shells into the gun, then turn and fire?" Greenbacker asked.
"It was cold-blooded murder, not self-defense. It was a calculated act. He carried the gun around with him all morning, awaiting his opportunity."
When asked by Greenbacker during the trial if she felt sorry for what happened that day, Jennifer McCullock's response was to look in the direction of her father across the courtroom. "I feel sorry for him," McCullock said.

Phyllis A. Walker, executive director of the Halifax United Way for 11 years, has resigned as of July 1.
In a letter addressed to the board of directors on June 16, Walker said that United Way had been an important part of her life during those years.
"There have been many changes, challenges and rewards during this time as I have had the opportunity to work for the success of United Way and its agencies.
"It has recently become apparent that my services and experience are not what you, the board of directors of the Halifax United Way need or desire. Therefore, I hereby resign as executive director of the Halifax United Way effective July 1, 2000.
"I wish United Way much success in the future as you as board members continue to serve the needs of Halifax County residents."

A 1984 Mercury stationwagon was reported missing Friday afternoon from Crowell Motor Company in South Boston.
The silver vehicle, with a license plate of YVA9985, a luggage rack on the top and wood paneling, belongs to an employee of the dealership.
The vehicle was parked in the lot while the employee was on vacation and was taken sometime after 5:30 p.m., according to Lt. Rice of the South Boston Police Department.
· A lime-green and black four-wheeler was taken Tuesday from the lot of Wal-Mart.
The all-terrain vehicle, valued at $1,700, was taken at approximately 11:30 p.m., according to Lt. Rice.
Anyone with information about the vehicle is asked to contact Crime Stoppers at 575-TIPS (8477). A reward will be offered should the information lead to a conviction.

By CATHERINE WILSON
AP Business Writer
MIAMI (AP) - The turncoat chief executive of the Liggett Group tobacco company told jurors considering punitive damages Thursday that he could pay a few million dollars but not the $1.8 billion suggested by one witness.
''Somewhere in the five to ten million dollar range we could quickly arrange,'' Bennett LeBow, chairman and CEO of Liggett's parent Vector Group, told jurors in a landmark smokers' case.
Liggett's 1999 audit reported a $34 million net worth, the first positive number in years, he said. On cross-examination, he said his Vector stock is worth $176 million.
About 300,000 to 700,000 sick Florida smokers want a multibillion-dollar award to penalize the industry for decades of misconduct. The industry wants the jury to award nothing, saying it is already paying enough on $254 billion in commitments to settle state government lawsuits.
LeBow broke with the rest of the tobacco industry in 1996 by settling state lawsuits and followed up in 1997 with more settlements, admissions about the health dangers of smoking and the disclosure of thousands of secret industry documents.
''I think it's my duty to do it, almost,'' said LeBow, who built his reputation as a takeover artist and bought Liggett as an investment in 1986. ''I feel very good doing it. I sleep well at night.''
LeBow said he wants to stay in the cigarette business to attack the industry from the inside.
''I honestly believe it's very important that we stay in business, that we be the maverick of the industry, that we beat the industry up and make them do the right thing,'' said LeBow.
Before LeBow took the stand, Philip Morris attorney Dan Webb lost attempts to separate Liggett from the other four cigarette makers in the case and to severely restrict his testimony.
''He's entitled to say something in his defense,'' said Circuit Judge Robert Kaye. ''He's here to plead his case.''
The jury in the current case already has decided the industry makes a deadly, defective product. Smokers' witnesses have testified the industry can raise $150 billion to $157 billion to pay a punitive award.
LeBow was the first tobacco chief to say smoking is deadly and addictive, words he repeated forcefully and unconditionally to the jury. He also offered a message to three smokers awarded $12.7 million in compensatory damages in the case.
''There's nothing I can do to bring back your loved ones. That can't be done. There's nothing I can do to bring back your health,'' he said. ''But I promise you I will continue to fight this war and win this war on tobacco.''
Liggett has voluntarily stopped all advertising, added an addiction label to cigarette packs and ingredient list on cartons, testified against the industry in tobacco cases and cooperates with federal and state health and regulatory agencies.
Besides Liggett, the defendants are Philip Morris Inc., R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., Lorillard Tobacco Co. and the industry's defunct Council for Tobacco Research and Tobacco Institute.

By RANDALL CHASE
Associated Press Writer
RALEIGH, N.C. (AP) - A coalition of environmentalists is suing Virginia-based Smithfield Foods in an effort to clean up polluted rivers in North Carolina and end the practice of storing animal waste in open lagoons before spraying it on fields.
A Smithfield Foods executive dismissed the suit as ''voodoo science.''
The 36-count lawsuit, filed Tuesday in Wake County Superior  Court, claims that irresponsible spraying and lagoon management and overproduction of hogs by Smithfield and its subsidiaries have created ''an environmental catastrophe'' in eastern North Carolina. Smithfield is the world's largest hog producre and processor.
The defendants include Smithfield Foods and three subsidiaries: Carroll's Foods, Brown's of Carolina and Murphy Farms. Named individually as defendants are hog executives Wendell Murphy; his son, Wendell Murphy Jr.; and Joseph Luter III.
''Pollution is theft, and Smithfield has made itself wealthy by stealing the heritage, the health and the future of North Carolina,'' said Robert F. Kennedy Jr., son of the late U.S. senator and the president of the Water Keeper Alliance of White Plains, N.Y.
Water Keeper Alliance, an umbrella group working to protect  waterways in North and Central America, is a plaintiff in the suit along with the Neuse River Foundation and the New River Foundation, their respective riverkeepers, and the Cape Fear riverkeeper.
All three riverkeepers are members of the Water Keeper Alliance.  ''As stewards of our rivers, it's time to take action,'' said Neuse  Riverkeeper Rick Dove.
Besides doing away with logoons and spray fields, The lawsuit also seeks damages that would go to a court-administered trust established to clean up polluted waterways.
Richard Poulson, a Smithfield Foods vice president, likened the suit to extortion.
''This is nothing but a publicity stunt designed to raise money for out-of-state 'activist groups' fronted by trial lawyers looking to make millions on the backs of hog farmers,'' he said Wednesday.  ''This lawsuit is legally and factually bogus.''
Poulson said municipal and industrial discharges and agricultural runoff are more responsible for water pollution in eastern North Carolina, and that all hog farms in North Carolina are operating legally under state-issued permits or certifications.
He also said Smithfield would continue to work on a broad plan, based on efforts involving the Chesapeake Bay and Long Island Sound, to combat water pollution from all sources in eastern North Carolina.
''This is a fight for the future of farming in North Carolina,'' Poulson said.
The lawsuit was filed after a 90-day mediation period, during which negotiations overseen by Phil Carlton, a former state Supreme Court justice who represented tobacco companies in the national tobacco settlement, failed to produce an agreement.
Poulson said lawyers for the plaintiffs refused to consider Smithfield's conservation efforts in settlement of their claims ''because we weren't putting money in their pockets.
''They admitted that all they wanted was money and that they didn't care if they shut down the hog industry in North Carolina to get it,'' he said.
''That reeks of extortion, and we told them so.''
Howard Twiggs, an attorney for the plaintiffs, declined to discuss details of the mediation or respond to Poulson's suggestion the plaintiffs were motivated by money.
''The lawsuit is to be tried in court,'' Twiggs said. ''Apparently, Smithfield would prefer to try it in the press.''

Samuel Isaac Williams, 83, of 1005 Williams Road, Scottsburg, died June 20, 2000, at Medical College of Virginia Hospital.
Mr. Williams was born in Halifax County on September 3, 1916, the son of James Thomas Williams and Virginia Snead Williams and was married to Ruby Francisco Williams. He was a member of Clover United Methodist Church.
Survivors include his wife; four sons, Bobby Williams and Sammy Williams, both of Clover, Frank Williams of Greensboro, N.C. and Mark A. Williams of Scottsburg; one sister, Sally Austin of Scottsburg; three brothers, Robert Williams and Frank Williams, both of Scottsburg and Connie Williams of Jacksonville, Fla.; one half brother, Jim Williams of South Boston; one half sister, Blanche Canada of South Boston; 11 grandchildren and eight great-grandchildren.Funeral services for Mr. Williams will be held today, June 23 at 11 a.m. at Powell Funeral Home Chapel with the Rev. Ann Davidson conducting the service. Burial will take place in Clover Cemetery.

Marie Crews Anderson, 80, of Ringgold, died June 20, 2000, at the home of her daughter.
Mrs. Anderson was born September 1, 1919, in Halifax County the daughter of James Andrew Crews and Loufannie Crews and was married to Roy Otis Anderson. She was a member of Childrey Baptist Church in Nathalie, but attended Lakewood Evangelical Methodist Church in Ringgold. She and her husband had owned and operated Anderson Grocery Store until their retirement.
Survivors include one daughter, Barbara Jean A. Barley of Ringgold; five sons, Harold G. Anderson of Danville, Roy Vann Anderson of Greensboro, N.C., Milton Steve Anderson and Ronnie L. Anderson Sr., both of Ringgold and Bruce A. Anderson of Sutherlin; two brothers, Burwell Crews of Nathalie and Marvin Crews of Gladys; three sisters, Oneida Crews of Nathalie, Christine C. Elder of Gladys and Inez C. Oakes of South Boston; 16 grandchildren and eight great-grandchildren.
Funeral services for Mrs. Anderson will be held today, June 23 at 2 p.m. from the Wrenn-Yeatts North Main Chapel in Danville. The Revs. Jimmy Burks and Thomas Bailey will officiate. Burial will follow in Floral Hills Memory Garden.

Dorothy Morton Dickerson, 94, of Clover, died June 14, 2000, at Halifax Regional Hospital.
Mrs. Dickerson was born in Halifax County on October 23, 1905.
Survivors include three daughters, Gladys Pleasant of South Boston, Maggie Aiken of Clover and Agnes Telfair of Queens, N.Y.; one son, William Dickerson of Clover; 15 grandchildren; a host of great-grandchildren; and one sister, Edmonia Morton of New York City, N.Y.
Funeral services for Mrs. Dickerson were held June 22 at 1 p.m. at Crawford Garrett & Burton Funeral Chapel in Halifax, with burial in Bethlehem Baptist Church Cemetery in Clover. Brother Douglas Stacy officiated.

Christine Barksdale Medley, 91, of Alton died June 20, 2000, at Berry Hill Nursing Home.
Mrs. Medley was born in Halifax County on November 24, 1908.
Survivors include five daughters, Jearlean Owens and Katheryn Quick, both of Philadelphia, Pa., Matric Jennings of Alton, Sylvia Hannah of Syracuse, N.Y. and Deloris Collins of Dewitt, N.Y.; two sons, Warner Medley of Syracuse and Pastor Jimmie Medley of Willow Grove, Pa.; 24 grandchildren and 25 great-grandchildren.Funeral services for Mrs. Medley will be held today, June 23 at 1 p.m. at New Vernon Baptist Church in Vernon Hill with burial in the church cemetery. The Rev. Roger Ford will officiate.

Michael Davis, 36, of Washington, D.C., formerly of Nathalie, died in Washington on June 15, 2000.
Mr. Davis was the son of Emma L. Davis and the late Roosevelt Davis. He was a member of New Shiloh Baptist Church.
Survivors include his mother; three sisters, Valerie, Mary and Cheryl; four brothers, Arthur, Tonie, Andre' and Lewis, all of Washington; and his grandmother, Rosa Mae Davis.Funeral services for Mr. Davis will beheld Saturday, June 24 at noon at New Shiloh Baptist Church in Nathalie with burial in the church cemetery. The family will receive friends Saturday from 11 until noon at the church.

Hazel Anderson McCraw, 75, of Halifax, died June 22, 2000, at Berry Hill Nursing Home.
Mrs. McCraw was born in Halifax County on September 9, 1924, the daughter of Lennie Curtis Anderson and Johnny Marie Palmer Anderson and was married to Ercelle Rayden McCraw. She was a member of Beth Car Baptist Church, and Henry W. Woodall Chapter #80 of the Order of the Eastern Star, South Boston.
Survivors include one daughter, Pamela McCraw Hendrickson of Danville; three granddaughters; and three great-grandchildren. She was preceded in death by her husband, and one daughter, Shirley Jean McCraw Griffith.
Funeral services for Mrs. McCraw will be held Sunday, June 25 at 4 p.m. at Powell Funeral Home Chapel with the Rev. Bob Watts conducting the service. Entombment will be in Oak Ridge Cemetery.
Those wishing to give memorials are asked to consider Beth Car Baptist Church of Halifax County Rescue Squad.