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RULING: NO TORTURE IN ZHANG'S SLAYING

No torture evidence to be permitted in Zhang case

BY ELLEN BILTZ

Date published: 6/17/2009

BY ELLEN BILTZ

Jermaine Lamonte Montgomery won a major ruling in court yesterday that almost assures he will not face the death penalty in the slaying of a food delivery worker last summer.

No evidence showing Montgomery tortured or mutilated Yong Hui Zhang will be permitted at trial, Judge David H. Beck ruled yesterday.

Authorities had previously said that Montgomery was suspected of cutting off Zhang's ear and gouging out his eye.

But experts testified yesterday that vultures were responsible for the damage to Zhang's body after death.

Beck granted the motion to suppress all evidence and photographs that would indicate torture before Zhang's death or mutilation after his death.

Because of Beck's ruling, Commonwealth's Attorney Bill Neely said there may be almost no way for Montgomery to receive the death penalty.

"Without torture or mutilation, grounds for death penalty are greatly reduced," he said.

According to Virginia, law, for someone to be sentenced to death in a capital murder case, there must be proof of a crime that is "outrageously or wantonly vile, horrible or inhuman in that it involved torture."

Zhang was abducted last July 3, beaten with a steel pipe and then stabbed to death.

His body was then dumped in a heavily wooded area of Sussex County, where it was found 48 hours later by police.

Montgomery's defense attorneys, Joe Flood and Mark Gardner, argued that because there was no evidence that their client was responsible for wounds made to Zhang's face or ear, no evidence about those wounds or pictures of his face should be permitted.

"This case had an edge to it that made it look more horrible than it already is," Flood said.

After listening to hours of evidence about the wounds yesterday, Neely conceded that in fact, there was no evidence of torture.

"I have to agree that the motion is well-founded," he said.

The experts who testified yesterday included an ornithologist, a bird expert, and an entomologist, an insect expert.

Both talked about how the wounds found on Zhang's body after it was recovered were consistent with vulture feeding.

The entomologist also said the level of bug infestation on the face and ear showed those wounds were caused as much as 24 hours after his death.

Forensic pathologist Sandra Thomas, who works for the Medical Examiner's Office and conducted the autopsy on Zhang, also testified yesterday.

She said that the evidence she saw would be consistent with that explanation.

She added about the wounds, "These are not consistent with a torture type of injury."

The next hearing in the case is set for June 29, when more motions are expected to be discussed.

A capital murder jury trial is set to begin Aug. 31.

Ellen Biltz: 540/374-5424
Email: ebiltz@freelancestar.com

VIRGINIA CODE SECTION 19.2-264.2. CONDITIONS FOR IMPOSITION OF DEATH SENTENCE. In assessing the penalty of any person convicted of an offense for which the death penalty may be imposed, a sentence of death shall not be imposed unless the court or jury shall (1) after consideration of the past criminal record of convictions of the defendant, find that there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing serious threat to society or that his conduct in committing the offense for which he stands charged was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind or an aggravated battery to the victim; and (2) recommend that the penalty of death be imposed.

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Date published: 6/17/2009

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