Defense Requests Expert Witness, Paint Analysis

By Joel Frady

Freddie P. Hammer appeared before Judge Brett Geisler in the Grayson County Courthouse on Wednesday,

March 11, and for an hour the prosecution and defense discussed two key matters in the case: a paint analysis for the defense, to review the analysis conducted by the Commonwealth of Virginia, and the addition of an expert witness for the defense.

Hammer has been indicted on four counts of using a firearm in the commission of a felony; three counts of malicious wounding, two for wounds found on Fred Hudler and one for Miller; statutory burglary while armed with a deadly weapon; grand larceny; and robbery. All of the charges are felonies.

Deputy Capital Defender Robert Finch Jr. first argued that the defense be allowed to call in Dr. Mark D. Cunningham, and Finch said that Cunningham's "primary focus in the case is to rebut the Commonwealth's allegations" that Hammer presents a future danger, which could mean the difference between the death penalty or life imprisonment.

Finch noted that Cunningham has been appointed to similar cases in Virginia and said that he "is one of only two people qualified to conduct the analysis and give the testimony." The analysis would take into consideration such factors as Hammer's age, education, confinement history and escape history.

District Attorney Doug Vaught, who is leading the prosecution, said that the defense's request was "just one more effort to get into evidence some expert testimony of what Mr. Hammer might do in the future." He noted that such testimony might also cause the jury "to feel they have to take the word of an expert."

Judge Geisler said that Cunningham would be allowed to testify since several of Virginia's circuits have allowed him to testify as an expert witness. Geisler noted, however, that "it does not mean that at this point the court has qualified Dr. Cunningham as an expert."

Finch also requested $2,000 from the Commonwealth so that Microtrace LLC, a company based in Elgin, Ill., that provides microchemistry consulting, to verify the findings of a paint chip analysis conducted by the Commonwealth's labs that connected the paint from the safe in Ronald Hudler's garage to the paint found on Hammer's truck.

Finch said that the results were "very difficult" for the "attorney trying to understand this evidence," and said that Microtrace was "the group that seemed the most credible." He noted that the goal is to "see if the state labs did it right or did it wrong."

Finch said it might "be the most significant factor in Mr. Hammer's case because it may be the strongest evidence in the Commonwealth's case."

Vaught agreed that the paint analysis "is a very detailed, technical report," but said that he thought an "expert witness in Virginia would be more reasonable."

Finch said that although he would prefer to hire the help in-state, there are not many private consultants in Virginia and most experts in Virginia work for the Commonwealth.

Judge Geisler ruled that the paint analysis is "a significant factor" in the case and approved the $2,000 request.

After the motions, Geisler said that he is still considering the defense's motion to find the death penalty unconstitutional in the case. He did not set a date for the trial, but he said that summer would be "a good time" to try this kind of case.

Finch said that the defense will be "wrapping up their out-of-town trips in April and May" but still needs to visit Tennessee and Florida, along with making another trip to Pennsylvania.

Hammer will make his next appearance at the Grayson County Courthouse on Friday, April 10, at 2 p.m.