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Documents sealed in tree-farm killings
Judge in Hammer trial also says he will review death-penalty motion
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Published: January 29, 2009
INDEPENDENCE, Va. - A Virginia judge sealed yesterday the prosecution's new court documents that detail the evidence that it intends to rely on in trying an Ashe County man on five counts of capital murder.
Judge Brett Geisler did not rule on a defense motion that argues that Virginia's death penalty is unconstitutional, but said he will review the matter.
Freddie Hammer, 49, of Crumpler, N.C., was in Circuit Court in Grayson County, Va., yesterday as pretrial motions continue to be heard in his case.
Hammer faces five capital murder charges and 11 other felonies in connection with the Jan. 24, 2008, killings of Ron Hudler, 73, the owner of a Christmas-tree farm; his son, Fred Hudler, 44; and farm employee John Miller Jr., 25.
A trial date has not yet been set. The trial is expected to last four to six weeks.
The defense had filed a motion earlier this month asking for the grounds upon which the state contends that Hammer is guilty, the evidence on which it intends to rely, and other details.
Commonwealth Attorney Douglas Vaught, the prosecutor, asked the judge to seal the prosecution's written answer.
"These things have been provided to the defense and at this point those should be the only people who see that," Vaught said.
Geisler ordered the document sealed.
He also said he will review the defense's motion about the unconstitutionality of Virginia's death penalty and expects to make a ruling at Hammer's next court date on March 11.
The defense motion says Virginia's death penalty violates a defendant's right to a fair trial and due process for a number of reasons, including a failure to provide a jury with meaningful guidance about what constitutes a "vileness factor" that's part of determining if someone should be executed for a crime.
That argument has previously been considered and rejected by the courts, Vaught said in the prosecution's written response.
He said that no compelling case has been made by the defense for finding the death-penalty statutes unconstitutional.
■ Monte Mitchell can be reached in Wilkesboro at 336-667-5691 or at mmitchell@wsjournal.com.
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