Va. Supreme Court rules that Tice must remain in prison for murder of Navy wife

RICHMOND

The state Supreme Court upheld the murder conviction Friday of one of the men convicted in the 1997 rape and murder of a young Navy wife.

Derek E. Tice was one of five men convicted in the crimes against Michelle Moore-Bosko, 18. Her husband, William, found her body in their Ocean View apartment when he returned to Norfolk from a Navy deployment.

In 2006, Norfolk Circuit Judge Everett A. Martin Jr. ruled that Tice had ineffective trial lawyers who should have prevented jurors from hearing his statement to police because he had invoked his right to silence. After a police detective told Tice that he failed a polygraph test, Tice broke down in tears and admitted participating in the crimes.

The ruling essentially vacated Tice's conviction. The state attorney general's office appealed that ruling to the Virginia Supreme Court.

In Friday's opinion, the court concluded that Tice would have been convicted even if jurors had not heard his statement.

"In short, the record before us does not undermine confidence in the outcome of the proceedings," wrote Justice Barbara Milano Keenan, the author of the opinion.

Keenan also wrote that Tice's trial counsel failed to show that a co-defendant, Joseph Dick Jr., had any motive to fabricate testimony in which he stated that Tice had participated in the crimes. Further, Tice's defense at trial was based on the theory that another co-defendant, Omar Ballard, had acted alone. The court found that other witnesses discredited that theory.

The justices also considered whether the defense lawyers erred when they failed to admit to evidence a letter Ballard wrote to a friend stating that he killed Moore-Bosko. Keenan wrote that the letter did not speak to whether Ballard acted alone. Even if jurors had seen the letter, she wrote, it only reiterated Ballard's statements to police in which he admitted killing Moore-Bosko, which jurors heard.

Moore-Bosko's parents, John and Carol Moore of Pittsburgh, gave a brief statement Friday in an e-mail. Tice confessed, they said, and should be held accountable.

"We are thankful that the Virginia Supreme Court did not allow Derek Tice to escape the consequences of this horrible crime based upon a legal technicality," they wrote. "These men are guilty, and we pray that our family will not have to suffer through any more appeals."

David Clementson, a spokesman with the state Attorney General's office, said, "We are very pleased with the unanimous decision of the Virginia Supreme Court in the appeal."

Tice's lawyers, who said they have not yet decided whether to appeal Friday's ruling to the U.S. Supreme Court, and others held a news conference at a Richmond law office on Friday. They tried to drum up support for clemency petitions for Tice and three others convicted in the crimes. Gov. Timothy M. Kaine is considering the petitions.

One of Tice's lawyers, Deborah Boardman, said the news conference was held because the Supreme Court's decision marked the end of legal proceedings in Virginia. Clemency petitions have been pending more than two years, the lawyers said, and they called on Kaine to act.

Tice, Dick and Danial J. Williams, all sailors convicted of raping and murdering Moore-Bosko, now say that their confessions were coerced by police who threatened the death penalty, and that Ballard acted alone. The fourth man, Eric C. Wilson, was convicted of rape and served more than eight years in prison. Another of Tice's lawyers, Melissa Henke, expressed disappointment with the Supreme Court's ruling.

"But we are optimistic that when the governor reviews all of the evidence of innocence in this case that he will grant clemency for Mr. Tice and the other three Navy sailors," she said.

Former Virginia attorneys general Richard Cullen and Anthony Troy attended the event, and defense lawyers said they have support from two other past state attorneys general.

The parents of Tice, Williams and Dick attended the gathering. Tice's mother, Rachel, read a statement and then appealed to the governor.

"We're here today to beg the Governor Kaine to do the right thing and send them home to us," she said.

Gordon Hickey, Kaine's press secretary, said the governor has the petitions but does not discuss clemency petitions.

Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com