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Posted June 29, 2001 | comments Leave a comment

Attorneys file appeal in Bell case

By Kevin Killen -- Daily Staff Writer

Lawyers for convicted murderer Edward N. Bell began the lengthy appeals process Wednesday by filing a notice of appeal in Winchester Circuit Court.

The paperwork was filed by Warrenton attorneys Jud A. Fischel and Mark B. Williams just before 11 a.m. Wednesday.

Bell, 36, was convicted of killing Winchester Police Sgt. Ricky L. Timbrook in October 1999 following an early morning foot chase on East Piccadilly Street.

After a weeklong trial in January, Bell was found guilty by a jury that then recommended the death penalty as his punishment. On May 31, Circuit Judge Dennis L. Hupp agreed with the jury's recommendation and sentenced Bell to die on Aug. 30.

The notice of appeal is a listing of what the Virginia Supreme Court will receive to review the final order by Hupp, which was entered into the official record June 12, court records say.

The notice of appeal includes the following information:

• The names and addresses for Bell's counsel along with their phone numbers

• The appellee is the Commonwealth of Virginia

• Counsel for the appellee is Winchester Commonwealth's Attorney Paul H. Thomson

• Transcripts of all proceedings through the trial, which have already been ordered by the court, received by the clerk';s office and made part of the record. Transcripts of post-trial motions and sentencing hearings have been ordered.

• Counsel for the defend-ant/appellant have been court appointed

• A copy of the notice has been mailed to opposing counsel and to the clerk of Supreme Court of Virginia

Bell's lawyers had 30 days in which to file the notice of appeal from the June 12 final order date, court records say.

In addition to the death sentence, Bell was also sentenced to three years for using a firearm in the commission of murder, five years for possessing a firearm while possessing cocaine and 10 years for possession of cocaine with the intent to distribute.

Hupp also levied a $5,000 fine for the possession of cocaine with the intent to distribute.

Following sentencing, Bell was transferred from the CFW regional jail and taken to the Sussex State Prison in Waverly where he is on death row.


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