John Bradley Crawford will remain behind bars until a decision is reached on whether he will be tried ag in in the slaying of a 6-year-old boy more than 27 years ago.
Circuit Court Judge James A. Luke turned down a request that bond be set for Crawford until Hanover County Commonwealth’s Attorney R.E. “Trip” Chalkley III decides whether to try him a third time.
Luke said that for the sake of public safety, he would not risk bond for Crawford pending Chalkley’s decision.
Chalkley said after the hearing last week that he still has not reached a decision.
Twice, once last year and again last week, mistrials were declared when jurors deadlocked on whether Crawford, 46, abducted and murdered Alexander Paul Glanz, a firstgrader at Highland Springs Elementary School.
Experts say the decision about a third trial is up to the prosecutor and that pretrial confinement is not considered punishment so it would be difficult for Crawford to challenge by arguing that he has been subjected to cruel and unusual punishment.
And because there has been no acquittal, Crawford cannot claim double jeopardy.
Glanz disappeared from his home after school on Dec. 3, 1980. His body was discovered just off Cold Harbor Road, in Hanover, three days later. He had been sexually assaulted, bound, and stripped to his socks and underwear.
He died of exposure.
Crawford was charged with the Glanz slaying in 2006 as his prison term for the 1981 abduction of two Mechanicsville girls came to a close. He has been held without bond since.
In contrast to his trials when he was dressed in a suit, Crawford wore an orange jail jump suit and handcuffs in court yesterday.
Ed Riley, one of his lawyers, outlined the history of the charges and two mistrials, telling Luke the case was a difficult and divisive one. He said Crawford had a good prison and jail record and family support outside — a father, brother and sister.
“I don’t think he’s a flight risk,” Riley said.
Chalkley, however, countered that, “these are serious matters. No question there have been mistrials, but that’s not a factor to consider.”
A complicating factor in a potential third trial of Crawford is that Hanover currently is without a circuit court judge. Luke, a retired judge, was sitting in yesterday on a temporary basis.
Crawford’s father, John C. Crawford, said after the hearing that he was not surprised. He said the family also had limited financial resources, so it was unclear whether bond could have been posted had it been allowed.
Reed Williams is a staff writer for the Richmond Times-Dispatch.