Commonwealth's Attorney John Greenbacker Jr. acted properly in releasing from jail accused murderer Marquis Lovelle White on a personal recognizance bond June13, nine days before his previously scheduled trial.
Charges of professional misconduct by the prosecutor and his office in the handling of the matter were dismissed by Circuit Court Judge Leslie Osborn Monday, paving the way for White's jury trial that is scheduled to begin this morning.
White's attorney, Robert Morrison, filed motions to have charges against his client dismissed, claiming that the speedy trial law was about to be violated and to fix the problem, the prosecutor "kicked him out" of jail.
White's release from jail followed a hearing on the same day before Circuit Court Judge William Wellons, who agreed to reduce White's $200,000 surety bond to a personal recognizance bond for the same amount.
An order that followed the hearing, however, failed to specify some of the stipulations that Wellons had made and White refused to sign the bond which would have executed his release from jail.
When Greenbacker learned of White's refusal, he phone the magistrate at the jail and ordered that White be released even without his signature.
Morrison claimed that Greenbacker's actions had resulted in the denial of his client's constitutional right of due process.
"The Commonwealth's Attorney got his back against the wall, saw the clock ticking and decided to cut corners," Morrison argued. "He cheated the defendant out of a hearing."
Morrison claims that it was not to White's benefit to be released from jail where he had been held since his arrest on October 4, 1999. Several phone calls between the prosecutor's office and Morrison took place during the disputed release in which the defense attorney asked that nothing be done until the matter could be heard before the judge the following day.
Attempts to reach Judge Wellons by phone were unsuccessful.
Morrison claimed that Greenbacker became angered and took it upon himself to interpret the judge's order. "He was mad...mad at himself... mad at the defendant!"
Greenbacker responded by calling Morrison's measures as a "tactic...a stunt," to have charges against his client dismissed. The prosecutor admitted that he had erred in allowing the untried case to impose on the speedy-trial law but insisted that he had done nothing improper.
As for White's right to remain in jail, Judge Osborn said that he could find no law supporting such rights of a defendant.
Judge Osborn referred to both Greenbacker and Morrison as "just being good lawyers" and that both lawyers and judges "need to do a better job."
White, 20, is accused in the Riverdalepistol slaying of Phillip Lutenter Carrington

A local man was found guilty after a bench trial on Monday in 10th District Circuit Court of robbing a local gas station in May 1999.
Ronnie David Blanks, 22, of Clover, pleaded guilty to robbery, use of a firearm to commit/attempt robbery and the unauthorized use of an automobile.
The charges stemmed from the May 12, 1999, robbery of an attendant at Savings Gas Station on Halifax Road.
Blanks, described as a "freckled bandit" by the robbery victim, was apprehended at a Roxboro motel on May 25.
Judge Leslie M. Osborn remanded Blanks to custody pending a presentence report in the September term of court.
· James Gooch, 34, of South Boston, entered an Alford Plea of guilty on Monday to one count of aggravated malicious wounding.
Under terms of the Alford Plea, Gooch did not admit guilt, but realized the evidence against him was sufficient to find him guilty.
The court revoked Gooch's bond and remanded him to custody pending a presentence report in the September term of court.
· Lester Dontrell Lawson, 20, of South Boston, entered an Alford Plea of guilty to one count of rape.
The court sentenced Lawson to 15 years in prison.
Upon his release, Lawson will be subject to one year's probation and 20 years of good behavior.
The court also ordered Lawson never to have any further contact with his victim in the case.
· Robert Carson Richardson, 51, of Halifax, was found guilty on Monday of possessing a firearm after being convicted of a felony.
Richardson was remanded to custody pending a presentence report in the September term of court.
· Ira Joseph Talbott, 42, of Nathalie, was found guilty on Monday of possessing a firearm after being convicted of a felony.
Talbott was remanded to custody pending a presentence report in the September term of court.
The court also ordered Talbott to be evaluated for alternative sentencing options.

Responding to an 100-acre gift offer for a park, supervisors and South Boston officials decided Monday evening to form a joint study committee to explore development.
Supervisor James Edmunds' offer of land opened discussion on that site, located off of U.S. Route 360 within South Boston's boundaries, and a master plan for recreation.
Jerry Lovelace, Assistant Halifax County Administrator, said the offer raised a number of questions, including how the land would be deeded, potential uses, funding sources, responsibility for daily operations and liability issues.
It was also suggested that a Virginia Tech or University of Virginia graduate program might offer resources in planning.
Supervisors and South Boston Town Council members ultimately recommended that the two entities' recreation committees meet and form a study committee.
South Boston Mayor Glen Abernathy said that he liked the idea of "one of the colleges putting it all together." He also suggested that the town and county get together and not duplicate services.
"I do think we need a master plan," Abernathy said.
The South Boston mayor said that in the mid-1980s, the town investigated its future recreation needs and that information gathered then might be helpful to the new committee.
Supervisor C.W. Rorrer noted that Burlington Industries is helping develop an area in Halifax for youth soccer. The supervisor suggested that various sports sites be identified.
Earlier, Abernathy had noted the area around the Dixie Complex, adding that acres would also open in the future with the closing of the town's landfill.
The town's Parks and Recreation Committee members include Carter Hicks, Addison Marable, Eula Payne-Williams, Clarence Ross, Cynthia Kent, Bristol Martin Jimmy Popek, Linda Shepperd, Ed Owens, David Myers, Barry Powell and Sid Young. Matthew McCargo is the town's recreation director.
The Halifax County Recreation Committee includes Supervisor R.E. Abbott, Supervisor James Edmunds, Meredith T. Duffer, John Wayne Irby, Bruce Pearce, Dr. Philip Ward, Tabitha Burton, Harrison Conner, Edward Murphy and Ed Owens, with ex-officio members Larry McPeters and County Administrator Joe Morgan. Laverne Bennett is an at-large member. Brad Ballou is the recreation director.

Committee Reports
Library Committee
By the next joint committee meeting in early September, the proposed floor layout plan for a proposed consolidated library on Hamilton Blvd. should be completed, Ted Daniel, South Boston's town manager, told supervisors.
The town has proposed the establishment of a consolidated library in the old Danville Urology Clinic on Hamilton Blvd. in South Boston.
The town has provided the building plans to Bob Walsh, library buildings and grounds consultant with the Library of Virginia, to determine a functional layout for the facility.
Daniel said that with the expected information, the committee would know how much of the existing book inventory would be used in the consolidated facility.
Currently there are two libraries to serve county citizens, one in South Boston and one in Halifax.
At the July 11 joint committee meeting, the committee also discussed the possibility of establishing library "stations" in the northern and southern parts of the county to increase the availability of library services to those county residents.
Prior to the September meeting, committee representatives will attempt to identify locations for potential library stations, as well as begin determining operating costs for a consolidated facility, according to the report compiled by Assistant Halifax County Administrator Julia Moss and presented by Daniel.
During the Monday night session, the Town of Halifax sought and was granted permission to appoint a member to the committee.
Water/Sewer/Solid Waste
During this committee's July 28 meeting, a town initiative to reduce water and sewer costs to some county business and residents was discussed, according to Daniel.
The town proposes taking over maintenance and operation of the county's Riverdale water/sewer system.
The town's proposal is to take over maintenance and operation of the system to include meter reading and billing and all water sampling responsibilities.
The town would pay the county rent on the system in an amount equal to any debt service owned on the system segments the town would take responsibility for.
County residents and businesses would then be charged at town water and sewer rates for county customers.
Daniel explained that the town believes it can provide water/sewer service to Riverdale more economically than the county and by expanding its customer base, the town will be able to initially lower out-of-town industrial water and sewer rates.
The amount those rates can be lowered will depend on the revenues the town receives from the expanded customer base in Riverdale, explained Daniel.
When the committee meets again in September, the two staffs will have collected water/sewer consumption and financial date for the Riverdale system to help the joint committee determine if the initiative is feasible.
If the approach works, it is believed the county would realize savings through reduced public works and administrative costs. Also, county industrial users should realize some reductions in the water/sewer rates, reported Daniel.
The town manager said that although the committee had not addressed solid waste issues, Waste Industries Inc. has made a presentation to the county.
E-911 Committee
Although South Boston Police Chief Hall is collecting additional information, Supervisor David Martin asked that the E-911 Committee meet in August.
A date was set for Thursday, August 3, at 5:30 p.m., in South Boston Council Chambers.
At the committee's July 10 meeting, Chief Hall reported on visits by the sub-committee to Mecklenburg and Henry County. He also presented preliminary statestics on E-911/dispatch center activity by the various communities over the past several years.
Halifax County Sheriff Oakes position, according to Daniel, is that department should establish a new radio/dispatch system, and that consolidation should be extensively studied.
Daniel said the South Boston staff position is that the committee should consider a consolidated E-911/Communications Center based on the Henry County-Martinsville experience.
Daniel said that his staff and the county staff would continue collecting county and town dispatch statistics to help determine an approximate operating costs for a consolidated operation.
Industrial Development/Services
The town does not see any savings or improved services through consolidation of its animal control and building official offices since the two are full-time positions.
Previously the town noted the benefit of having two Industrial Development Authorities, noting financing available to advance School Board construction programs and the CEC's financing needs.
Road Resolutions
Supervisors and South Boston are forwarding resolutions for the Primary Roads Public Hearing.
County resolutions included the following:
· Requesting the Transportation Board to review Route 603 corridor from Volens to the intersection with Route 40 and upgrading Route 603 to a primary road connector between U.S. 501 and state Route 40.
·Supervisors requested the Transportation Board to begin design work and routing studies for the four-laning of U.S. Route 501 from the North Carolina line to Interstate 81 to include bypass studies of the towns of South Boston, Halifax and Brookneal, as well as the cities of Lynchburg and Buena Vista.
· Supervisors will request by resolution that the Transportation Board pay specific consideration to the construction of a four-lane project on Route 360 from its intersection of U.S. Route 58 north to Hodges Street in South Boston, including the necessary improvements for the John Randolph Bridge, and the construction of a new bridge at that location.
· Supervisors are also forwarding a resolution asking that funding for secondary road improvements be increased, not cut.
· South Boston is seeking Hamilton Boulevard's extension, west to Berry Hill Road and a North Main Street/Route 129 upgrade. The town is also requesting that Route 501 be four-laned from the North Carolina line to Interstate 81, and for the upgrade of the John Randolph Bridge and Route 360.

By ADRIAN SAINZ
Associated Press Writer
MIAMI (AP) - In the aftermath of the record $145 billion award against five tobacco companies, state officials across the country believe the verdict will not affect money they are counting on from a national settlement to pay for anti-smoking campaigns and health programs.
But they are taking precautions in case the industry goes bankrupt, threatening their ability to collect approximately $250 billion over the next two decades.
''The consensus we reached was that any verdict up to $200 billion in our estimation would not have an adverse impact on the companies complying with our agreement,'' said Washington state Attorney General Christine Gregoire, lead negotiator in the 1998 states' settlement.
Attorneys for the five tobacco companies found liable Friday after a two-year trial said the huge punitive damages award would kill the industry.
The legal sparring is far from over.
A final order is needed to move a case to appeal. But the signing of the final judgment will be delayed while the tobacco industry pursues its argument that the trial isn't over until the individual claims of up to 700,000 sick Florida smokers are decided.
In court Monday, smokers' attorney Susan Rosenblatt argued that post-verdict issues, including an industry request to reduce the dollar amount as excessive, shouldn't delay entry of a final order.
Circuit Judge Robert Kaye said he hoped to sign the order this week, but lead tobacco attorney Dan Webb said he wasn't yet prepared to offer motions addressing the legal issues involved.
Meanwhile, the National Association of Attorneys General has hired a California law firm specializing in bankruptcy to represent them in case the tobacco companies declare bankruptcy, Gregoire said.
Colorado Treasurer Mike Coffman fought unsuccessfully last session for ''selling'' the state's $2.9 billion settlement share for $1.2 billion or less to pay for programs already established.
But lawmakers opposed that plan in favor of annual payments, saying there was no risk that the tobacco industry would go bankrupt.
''I did my best to convince the Legislature there are real risks with this settlement agreement and they shouldn't gamble on the tobacco industry,'' Coffman said Monday. ''This is just one risk out of many.''
Ken Lane, spokesman for Colorado Attorney General Ken Salazar, said programs funded in anticipation of getting tobacco money for the next 20 years are not in immediate danger because the $145 billion award likely won't stand.
In Louisiana, Treasurer John Kennedy fears the Florida decision could affect annual payments on the state's $4.6 billion settlement share. He wants to build security for the programs the settlement money is financing by selling bonds.
Ann Donlan, a spokeswoman for Massachusetts Attorney General Tom Reilly, said ''the fear is about the health of children and people who smoke. The focus isn't on money.''
The multibillion-dollar settlement between the states and cigarette makers to recover health costs for treating sick smokers is the focus of a new TV advertising campaign launched Monday by Philip Morris Inc.
The ads try to ''explain to people what we've agreed to do with the states and how that affects the way we do business and why it really is change as opposed to just words,'' said William Ohlemeyer, associate general counsel with the industry-leading cigarette maker.
Anti-smoking activist John Banzhaf of Action on Smoking and Health reacted to the commercials with disdain. ''This sounds very much to me like jury tampering. They want to be ready for the next jury,'' he said.

By KAREN GULLO
Associated Press Writer
WASHINGTON (AP) - States plan to spend $8 billion through next year in tobacco settlement money - the first installment of a 25-year cash flow - and nearly half the money is going toward 
health care services for working poor families, a report shows.
Less than 10 percent of the money is going for smoking prevention programs, according to the National Conference of State Legislatures report that gives the first comprehensive look at how states are using money from the historic lawsuit settlement.
Instead, states have earmarked money for tax cuts, general funds 
and other initiatives that have nothing to do with anti-smoking themes, as well as assistance for tobacco farmers, services for children, elderly care, education and other programs.
The report, detailing money appropriated by 44 states for fiscal 
years 2000 and 2001, showed states have enacted 91 laws governing how to spend their share of a massive 1998 settlement under which 
tobacco companies will shell out $206 billion to states over the 
following 25 years. Four other states settled separately for an additional $40 billion.
The money was to compensate states for the cost of treat-ing smoking-related illnesses of people on Medicaid. But there are no rules on how the money can be spent, so the settlement funds have provided a windfall for states to use on a variety of health and non-health related programs, from rainy-day funds and property tax relief to fixing dilapidated schools and beefing up teacher salaries.
''In the end, each state has acted in a manner that reflects the concerns and desires of their respective citizens,'' said William Pound, executive director of the conference.
The report comes just days after a Florida jury ordered tobacco companies to pay a $145 billion penalty in a class-action suit filed on behalf of sick Florida smokers. The companies plan to appeal.
Thirty-eight states have appropriated $3.5 billion - 43 percent of the total amount states will spend through fiscal 2001 - to help low-income people get health care, reflecting widespread concern about the 44 million Americans who lack health benefits.
Many states have earmarked the money for expanding existing health insurance programs for the poor. Washington state has appropriated $153 million of the $168 million it received for a state-funded program for working poor families that don't qualify for Medicaid and can't afford to buy their own insurance.
New Jersey, which received $552 million, will use $100 million to expand Medicaid, a state-federal insurance program for low-income people.
The report also showed that 17 states used $1.3 billion for a variety of non-health related services. Illinois, which received $437 million, used $315 million for property tax relief and an earned income tax credit and just $26.4 million for anti-smoking programs and $8.9 million for health care.
Minnesota, New York and Wisconsin each put over $200 million in their general funds. They allocated $20.2 million, $30 million and $20 million for anti-smoking campaigns, respectively. Minnesota and Wisconsin didn't use any money for health care; New York allocated $338 million for health care.
Tobacco prevention programs represented the third largest area of spending among all states, with $754 million going toward community and school-based programs, anti-smoking media campaigns and other tobacco control initiatives. Prior to this year, states spent just $140 million of their own money for anti-smoking campaigns.
Other spending detailed in the report:
-Seven states are spending $537 million to assist tobacco growers;
-Ten states earmarked $534 million for programs benefiting kids, including foster care, pre-school learning and after-school services;
-Eleven states put $496 million in reserve to insulate themselves against future reductions in annual tobacco payments;
-Fourteen states will spend $483 million on education, including remodeling schools and scholarships;
-Twelve states have earmarked nearly $270 million for long-term care, including home and community care designed to keep the elderly living at home, long-term care insurance and prescription drug coverage for seniors.

CHARLOTTESVILLE, Va. (AP) - Democrat John W. Boyd Jr. said Monday that northern Virginia's economic boom hasn't yet spread to rural South-side, a region that Boyd said needs someone in  Washington to fight for jobs.
Boyd, who is challenging Democrat-turned-independent Rep. Virgil H. Goode Jr. in the 5th District, also told a crowd of about three dozen supporters on the Downtown Mall that the federal government should help the elderly pay for prescription drugs, ensure Social Security's long-term solvency, put more computers in public schools and cut waste.
Boyd, a Mecklenburg County tobacco farmer and founder of the National Black Farmers Association, did not mention Goode by name.
''This is going to be a candidate taking his campaign to the people,'' Boyd said.
Boyd's campaign manager, Don Bush, said the candidate has raised about $6,000 for the challenge to Goode, who has about $375,000 in the bank.

Gene Bernard Creasy, age 72, of Richmond, formerly of Clarksville, died July 17.
A longtime radio and television broadcaster, Creasy brought major-market programming to many rural Southside Virginia residents by building, along with his family, WLCQ, the first radio station in Clarksville, while managing WMEK in Chase City.
Funeral services for Mr. Creasy will be at 12:30 p.m. July 20 at Bliley Funeral Home in Richmond with burial at Westhampton Memorial Park.
Survivors include his wife, Ella La Rene Campbell Creasy; three sons, Michael Gene Creasy of New Orleans, La., Mitchel Dean Creasy of St. Petersburg, Fla. and Mark Christopher Creasy and his wife, Carol of Tampa, Fla.; one daughter, Cynthia Creasy Woolfolk and her husband, Dr. Royce Woodson Woolfolk Jr. of Richmond; one brother, Q. Vincent Creasy and his wife, Velma of Richmond; two half-brothers, Dale Creasy of Lynwood, Ill. and Dean Creasy of Amberg, Wisc.; and four grandchildren.

Those wishing to give memorials are asked to consider Gene B. Creasy Scholarship Fund (for broadcast majors) at Virginia Commonwealth University, PO Box 843042, Richmond, 23284.

Henry Lee Ferrell Sr., age 84, of 1013 Ferrell Trail, South Boston, died July 16 at Halifax Regional Hospital.
Mr. Ferrell was born in Halifax County on July 31, 1915, the son of Whitt Ferrell and Carrie Marable Ferrell and was married to Bessie Wood Ferrell. He was a deacon of New Arbor Baptist Church.
Survivors include his wife; one daughter, Frances Louise Rufus of South Boston; six sons, Harvey Ferrell, Henry L. Ferrell Jr., Harry B. Ferrell, James W. Ferrell and Benjamin F. Ferrell, all of South Boston and Tommie O. Ferrell of Danville; 22 grandchildren; 35 great-grandchildren; four sisters, Mallissie Crews of Halifax, Dorthy Hogue of Baltimore, MD., Roberta Marable of South Boston and Bessie Edmonds of Danville; two brothers, Rev. Whitt Ferrell of Martinsville and Artie Ferrell of Washington, D.C.
Funeral services for Mr. Ferrell will be held July 20 at 1 p.m. at New Arbor Baptist Church with the Rev. Nelson C. Stamps officiating. Burial will follow in the Ferrell Family Cemetery.
The family will receive friends at the home.

Broaddus Wilson Parks, age 73, of 8154 J.D. Hagood Hwy., Scottsburg, died July 18 at his home.
Mr. Parks was born in Accomac on November 25, 1926, the son of Clarence Wilson Parks and Maggie Chase Parks Straub and was married to Mary Snead Parks. He was a member of Clover Baptist Church, a WWII Navy Veteran and was retired from Westinghouse.
Survivors include his wife; two daughters, Sheila Parks Matze of South Boston and Kimberly G. Parks of Scottsburg; two grandchildren, Melvin Thomas Matze Jr. and Megan Anne Matze, both of South Boston; and one half sister, Carole Parrish of Lynchburg.
Funeral services for Mr. Parks will be held July 20 at 2 p.m. at Powell Funeral Home Chapel with the Rev. Tom Walker conducting the service. Burial will take place in Clover Cemetery.
The family will receive friends at Powell Funeral Home this evening, July 19 from 7:00 until 8:30 and other times at the home.
Those wishing to give memorials are asked to consider Clover Baptist Church or Halifax County Rescue Squad.

Willie Lee (Billy) Moss Jr., age 63, of 2165 Cowford Road, Halifax, died July 16 at his home.
Mr. Moss was born in Halifax County on February 8, 1937, the son of Willie Lee Moss Sr. and Lizzie Mae Dunkley Moss and was married to Julia Anderson Moss. He was a member of Mt. Laurel United Methodist Church, a member of Mt. Laurel Ruritan Club, and the National Guard.
Survivors include his wife; one daughter, Sheila Garmon and her husband, Clayton of Clover; one son, Chad Moss of Clover; two sisters, Carolyn Riddle of Richmond and Barbara Lepkowicz of Oak Creek, Wis.

Funeral services for Mr. Moss will be held today, July 19 at 2 p.m. at Mount Laurel United Methodist Church with the Revs. Ann Tang and H.V. Conner officiating. Burial will take place in Clover Cemetery.
The family will receive friends at the home.

Louis Wayne Tuck, age 59, of Acorn Road, Nathalie, died July 16.
Mr. Tuck was born in Halifax County, July 14, 1941, the son of Irvie Fisher Tuck and Louis Alex Tuck. He was a member of Catawba Baptist Church, a Army Veteran of the Vietnam War and a former employee of Bibb Company.
Survivors include his mother; one sister and brother-in-law Edith and Breinard Palmer of Nathalie; two nieces, Gayle S. Crews of Halifax and Becky Martin of Crystal Hill; a devoted friend, Shirley Moorefield of Brookneal. He was preceded in death by his father and a nephew, Michael Stevens.

A funeral service for Mr. Tuck will be held at 2 p.m. today, July 19 at Catawba Baptist Church with the Rev. Ed Griffin conducting the service. Burial will follow in the church cemetery. Military Rites at the grave by the Lynchburg American Legion.

Jesse Lee Puryear, age 84, of 2178 Cherry Hill Church Road, South Boston, died July 17 at Halifax Regional Hospital.
Mr. Puryear was born in Halifax County on March 17, 1916. He was a member of First Baptist Church in Hallandale, Fla., where he was a former deacon and was also a member of Woodman of the World Camp 106. He was a retired contractor and a Army Veteran.
Funeral services will be held at Brooks Funeral Home Chapel today, July 19 at 2 p.m. with the Rev. Robert Lewis officiating. Burial will take place in Black Walnut Baptist Church Cemetery, Cluster Springs.

Survivors of Mr. Puryear include his wife, Kathleen M. Puryear; two daughters, Janice P. Moore of Halifax and Kathy Darlene P. Baughman of Hopewell; one son, Ronnie Puryear of South Boston; one step-son, Carlyle Ramsey of Alton; three brothers, James Puryear of South Boston, Richard Puryear of Durham, NC and Frank Puryear of Clinton, NC; 13 grandchildren; five great-grandchildren. He was preceded in death by one son, Tony W. Puryear and three brothers, Robert, Herman and Wilson Puryear.

John Thomas (J.T.) Harris Jr. died at Albany Memorial Hospital in Albany, NY.
Mr. Harris was born on May 11, 1934, in Halifax County the son of John T. Harris Sr. and Agnes Canada Harris and was married to Shirley Stephens Harris.
Survivors include one daughter, Terri Harris; two brothers, Ralph Harris of Vernon Hill and Armstead Lee Harris of Albany; two sisters-in-law, Martha Harris and Mabel Harris, both of Albany; and a devoted friend, Dorothy Royal of Albany.
Funeral services for Mr. Harris will be held July 21 at 2 p.m. at Mt. Pleasant CME Church in Halifax with the Rev. John Leigh conducting the service.

The family will receive friends at the home of Armstead Harris, 1112 Wilson Memorial Trail, Vernon Hill.

John Henry Smith, age 83, formerly of Stoneville, NC, died July 18 at Woodview Nursing Home.
Mr. Smith is the husband of Mildred Manuel Smith; father of Rev. James L. Smith and Geneva Zilinsky; and brother of Arthur Smith, Katie Sparks and Gladys Hopkins.

Funeral arrangements were incomplete at press time.

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