University of Virginia Library

Honor Council
Grants Delay
Of Trial

BY NEILL ALFORD III

The honor trial originally scheduled
for Saturday for Richard Carmona, a
fourth year College student who was
convicted of shoplifting, has been
postponed indefinitely so that the
defendant can undergo further
psychiatric testing.

Nicholas Chimicles, a second-year law
student who has represented Mr.
Carmona in the case, petitioned for the
continuance "so that a full psychiatric
examination may be conducted,"
according to the statement by the
defense.

"This examination is necessary in
order to fully understand the case and to
fully prepare Mr. Carmona's defense," the
statement said.

In granting the request, the Honor
Committee noted that "the accused and
his counsel stated that they had
additional evidence which would not be
available in time for the scheduled trial."

The date for the new trial will be
announced later, the committee said.

Mr. Carmona requested an open
hearing in January to determine whether
there was sufficient cause for appeal of
his conviction.

He was originally convicted of an
honor offense in a trial held after he had
pleaded guilty Nov. 11 in Albemarle
County Civil Court to a charge of
shoplifting.

In a letter to the Honor Committee
Dec. 17, Mr. Chimicles said that the basis
of the appeal would be "good cause" due
to "the lack of substantial evidence to
support the Committee's decision".

At the open hearing, however, the
defense cited a lack of records of the
original trial, thereby establishing good
cause for a retrial

The original trial was officially
dismissed and Mr. Carmona was
reinstated as a student.

The Honor Committee defines good
cause as an infringement of one of the
rights of the accused during a trial. In
1969 "good cause" was added to "the
submission of new evidence" as a basis
for an appeal.