INDEPENDENCE, Va.
Paint particles found on a hand truck may be the most important evidence in a triple homicide capital murder case, a defense attorney told a judge yesterday.
Judge Brett Geisler granted a defense request for money to hire an expert in paint analysis to evaluate a state lab report in the case of Freddie Hammer, 49, of Crumpler, N.C. Hammer was in Circuit Court in Grayson County, Va., yesterday for pretrial hearings 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 Grayson County Christmas-tree farm; his son, Fred Hudler, 44; and farm employee John Miller Jr., 25.
In January, Geisler sealed court documents that detail what evidence the state intends to rely on in trying the case. Documents about the underlying evidence are still public record, and yesterday's comments by the defense attorney provide insight into what evidence prosecutors intend to present in the case against Hammer.
The particles on the hand truck that authorities found beside Hammer's camper in Cripple Creek, Va., are consistent in color, texture, chemical composition and other indicators with paint from the bottom of a safe in Ron Hudler's garage, according to a state lab report filed with the Grayson County Clerk of Court's office.
The lab technician wrote that it is unlikely that the paint came from anywhere other than the safe.
Authorities have said that Hammer tried to load the safe onto his truck, but then obtained two keys and opened it, taking an undisclosed amount of money and leaving the safe still in the garage but moved out of place.
"There is an allegation that an item Mr. Hammer owned or had possession of had transfer from the paint of an item one of the victim's owned," Deputy Capital Defender Robert Finch Jr. told the judge. "I would say it may be the most significant factor in Mr. Hammer's defense because it may be the strongest evidence in the Commonwealth's case."
The state lab's report uses technical language to describe analysis, including, for example, dispersive X-ray spectrometry.
Finch said that the defense needs an expert to say what the state lab did and what the findings mean.
Geisler granted the request over the prosecution's objection. The order will allow the defense to hire a consultant for up to eight hours at $250 an hour.
The judge also approved a defense request to hire an expert to evaluate whether Hammer would pose a future danger if he is convicted and sentenced to life in prison without parole rather than to death.
The consultant's fee is $300 an hour. The total in a previous case wound up being about $13,000 to $14,000, Finch told the judge.
Because Hammer is considered indigent by the court system, the Virginia Capital Defender's Office is providing his defense.
The judge's rulings allow the consultants to assist the defense, but the judge still must decide if the consultants will be allowed to testify as expert witnesses during the trial.
The judge is still considering a defense motion that Virginia's death penalty is unconstitutional.
■ Monte Mitchell can be reached in Wilkesboro at 336-667-5691 or at mmitchell@wsjournal.com.
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