Navy Might Postpone Trial in Gay Sailor’s Beating Death

A U.S. Navy court-martial judge here Thursday opened the door to a postponement of the trial of a sailor arrested five months ago on a charge of beating to death a gay shipmate.

But the judge, Cmdr. David P. Holcombe, warned lawyers for the defendant, Airman Apprentice Terry M. Helvey, 21, a crewman aboard the amphibious assault ship Belleau Wood, that he wanted pretrial motions submitted on schedule, by next Thursday. Another hearing was set for next Friday.

The judge advised Navy prosecutors to “call off” their witnesses for April 27, the date that Holcombe--more than six weeks ago--had set for the trial, overruling a prosecution bid to begin the court-martial on Feb. 20. He said he could not guarantee the trial would begin then.

Helvey, of Eloise, Mich., is charged with the murder of Seaman Allen R. Schindler, 22, in a restroom in a public park in Sasebo, Japan, last Oct. 27. An autopsy showed that Schindler’s skull was crushed, all but two of his ribs broken and his genitals lacerated. If convicted, Helvey could be sentenced to death.

Marine Capt. Stephen Marchioro, a prosecutor, told the judge that “Schindler’s family, his relatives, and those who knew him have their rights, too, in having this case brought to a resolution within a reasonable time.” He said prosecutors are ready to proceed.

Air Force Maj. Bernard Doyle, Helvey’s personal attorney, drew a rebuke when he cited “the special circumstances of this case”--an apparent reference to the victim’s homosexuality--in explaining his request for a delay. “You don’t have to keep mentioning ‘special circumstances’ every time you stand up,” Holcombe snapped.

Doyle said attendance at a workshop on capital punishment cases had convinced the defense that they needed to submit as many as 60 pretrial motions, instead of 20, as they had planned. He denied he was seeking an undue delay.

Navy Lt. Jacques Smith, the other defense lawyer, told the judge that Helvey’s family was still trying to find civilian lawyers but was having trouble because of the expense.