Evening star., 1949-06-30
State teJEiees&Fi2S{iH{Bo&Ol ]
Motive in Scott
Murder
Sex Angle Stressed;
Defense Loses Fight
To Bor Photographs
By Robert c. RoIIines
Stor StoH Corrsspondent

stor Sioff Correspondent
ROANOKE, Va, June 30. -
Prosecutors in the murder trial
OF Lee Buddy Scott today
worked to convince the jury that
the 16-year-old high school ath-
lete attempted to rape his victim,
Dana Marie Weaver. also 16.
The defense admits that the
choir singer and Eagle Scout
killed his classmate. but says he
is guilty of no greater crime than
manslaughter in the May 8 parish
house Staying. The statement of
City Coroner Charles M. Irwin
that a rape attempt would not
necessarily have left evidence was
fresh in the minds Of the IL male
jurors and the two alternates as
they took their places in Hastings
Court today.
Also engraved on the minds OF
the jurors was photograph of
the slain girl as she lay on the
floor of the kitchen in the Christ
Episcopal Church parish hall. her
skirt. and slip above her waist,
bruises on her face and neck
plainly visible.
Defense Fights Photographs.
Although DR.. Irwin declared
there was no evidence of criminal
assault or attempted assault. and
Sidney Kaye. State toxicologist,
asserted that neither Dana
Marie's nor SCOTS clothing gave
any such evidence. the State con-
tinued it's implications began in
an opening statement which de-
tailed the position in which the
girls body was found the morn
ing Of May 8.
T. Warren Messick. chief de-
tense counsel, fought bitterly yes
terday to prevent introduction in
evidence of the police photographs
of Dana Marie's body. But Judge
Dirk A. Kuyk ruled them ad-
missible after arguments in his
chambers away from the jury.
The jurist also ordered that the
pictures be restricted to counsel
and the jury. The trial is being
conducted in a closed courtroom
After DR.. Irwin answered no
to Mr.. Messick's final question on
cross-examination: did you see
any evidence of an abnormal Sex
act in your examination of him
(ScotD - or the girl Dana
Marie)," Commonwealth Attor-
ney c. E. Cuddy esume
questioning.
Was Just a Fight, Defense Says.
IAN attempt to have ravished
her would not necessarily have
left signs?" NJ. cuddys asked the
coroner. ...,s,,.. ~,
NO. replied Dr. 1rstn. s,.....
Contending the Staying was Jusi
the result of "a fight between a
boy and a girl" Mr.. Messick told
the jury in his opening statement
"the evidence will show you
that there is no question OF sex
involved in this case"
In a second unsuccessful fight
yesterday. Mr.. Messick sought to
have a report Mr.. Kaye intro
duced in evidence. The report or
the laboratory analysis was made
to the commonwealth and was
used by Mr.. Kaye and DR.. Robert
Waller, a consultant to the State
Medical Examiner. as their notes
in testifying. 1t contained. among
other statements, the information
that, no evidence of sex activity
was found by the State chemists.
Another Battle Impending.
Another fight appeared certain
over the admissability of an ac-
count told by Scott while under
the influence Of sodium pentothal
so-called truth serum"
The defense chief told the jury
earlier that in the account the
youth gave a true recital OF what
happened when he met Dana
Marie at the church.
Mr.. Messick had said the story
recorded after the truth serum
was injected with the consent Of
all concerned on May 81. tells
how Scott struck Dana in the
head with a pop bottle when she
criticized Jimmy Webb, a high
school wrestling champion who
he admired and worshipped."
The account tells how they be =.
gan to scuffle on the floor and
how Buddy choked her. Mr.. Mes
sick said. DR.. Irwin testified that
Dana's death was caused by
strargulation.
DR.. Irwin estimated 1t took at
least five minutes for the girl TO
succumb; probably longer, he said,
if she were able to get an occa-
sional gulp of air during the
struggle.
Then Mr.. Messick wanted to
know If the marks on the girls
body couldn't have been caused
during a fight between a boy
and a girl"
Two Companions Testify.
rT. Irwin said he thought prob
ably all except the throat marks
could have been caused in a
fight. He thought throat marks
were made by force applied after
Dana Marie was unable to fight
after she was unconscious.
Two Virginia Tech students
from nearby Blacksburg were the
first witnesses To take the stand
for the prosecution yesterday.
Both william johnson and Ben
Richardson testified that they had
been with Dana Marie the after
noon Of May 8. and that they
had left her at the side door of
the church prior to the Staying.
Alexander Roland, 50, colored
janitor of the church. told Of
finding the girls body in the par
ish house kitchen Monday morn