RICHMOND,
Va. - Federal prosecutors sought Friday to withdraw charges against a
man accused in the torture slayings of two hikers in Shenandoah
National Park.
Darrell
David Rice, 36, was to stand trial next month in Charlottesville on
four counts of capital murder in the killings of Julianne Williams and
Laura "Lollie" Winans during a Memorial Day weekend nearly eight years
ago.
U.S.
Attorney John L. Brownlee said in a statement that new forensic
evidence "requires the government" to seek a dismissal.
"The
investigation has revealed the presence of evidence at the crime scene
that currently could cast doubt on the government's case against Rice,"
Brownlee said.
Brownlee
sought the dismissal of the charges "without prejudice," leaving the
door open that Rice could be charged anew.
But
Fred Heblich, one of Rice's attorneys, said new charges were unlikely.
"They've
made this decision based on the evidence they have. In order for them
to seek a new indictment they'd have to have evidence they don't have
now, I suppose," he said.
Rice
is
serving a 135-month federal term for the attempted abduction of a woman
in 1997, also in Shenandoah National Park. About 2 1/2 years are left
in his sentence.
The
case against Rice in the slayings was based primarily on jailhouse
informants.
"As
the
forensic evidence has piled up, it has always been inconsistent with
Mr. Rice," said Gerald Zirken, one of Rice's attorneys. "It suggested
to us for some time that he shouldn't be prosecuted, and the government
was reading the same reports."
Heblich
said he expected U.S. District Judge Norman K. Moon to enter an order
dismissing the case next week.
Rice
was
indicted in April 2002 in the slayings of Williams, of St. Cloud,
Minn., and Winans, of Unity, Maine. The women were lovers and
prosecutors had said Rice killed the women because of his hatred of
homosexuals.
Forensic
experts initially said hair and fingerprints found at the campsite were
inconclusive _ neither proving nor disproving that Rice was the killer.
But when prosecutors ordered additional tests in preparation for the
trial last year, lab technicians found that a strand of hair previously
linked to Williams or Winans actually belonged to someone other than
the victims or Rice.
The
hair,
found on a glove at the crime scene, was determined to be similar to
another hair at the camp that also did not match Rice or the victims.
In
court
documents, prosecutors also said a government expert changed her
opinion about DNA evidence found on straps used to tie the victims. The
expert said the DNA did not belong to Rice, but to another man who
could possibly be the killer.
Witnesses
and surveillance cameras place Rice in the national park at the time of
the slayings, according to court documents. Former co-workers and
neighbors also told investigators that Rice had a history of hating
women and homosexuals.
Tom
and
Patsy Williams, Williams' parents, said in a statement they were
"extremely disappointed" by the motion to dismiss the charges.
"While
the
preponderance of evidence points to the accused as the murderer, we
support the US Attorney in dismissing the charges ... to reevaluate the
existing evidence and to pursue additional evidence that will prove
guilt, without doubt," they wrote.
Heblich
said prosecutors "acted with courage" in filing the motion.
"I
think that people looking at this, if nothing else, that they should
take heart in the operation of the system," he said.
Editorial Note: Truth in Justice
respectfully disagrees with Mr. Heblich. People looking at this,
if nothing else, should be very, very afraid of the operation of the
system.