Hopewell, VA: Long stands before judge for the first time since his wife's murder

BY MARKUS SCHMIDT (STAFF WRITER)Published: November 11, 2010


HOPEWELL - More than 46 years after the death of his wife, Donald James Long, 77, stood before a Hopewell Circuit Court judge yesterday, charged with the murder of Naomi Fulcher Long.

But the first hearing revealed that prosecutors will likely face a tough trial - because a forensic analysis of an electrical cord believed to have been used to strangle the victim concluded that Long's DNA is not on the alleged murder weapon.

Without this evidence, the prosecution's key witness - Long's second wife Diane Jaffe, who claims her husband confessed to her 38 years ago that he had killed his first wife - may be Commonwealth Attorney Rick Newman's only hope to convince the jury of Long's guilt. Chief Judge W. Allan Sharrett set the trial for two days on Feb. 24 and 25.

Long's defense attorney, J. Lloyd Snook III, from Charlottesville, told The Progress-Index that he intends to launch "a major battle over her testimony" - if the court admits Jaffe as a witness.

Long was arrested Aug. 13 in Las Vegas, after new witness information was made available in the 46-year-old cold case. After a governor's warrant was issued earlier last month, Long was extradited back to Virginia on Oct. 8 to be tried for the murder of his first wife, who prosecutors believe he strangled in 1964, when she was 30 years old.

Naomi Long's body was found Dec. 28, 1964, at the now defunct City Point Inn Apartments where she lived. An autopsy was conducted at the time by the Medical Examiner's Office, which determined the probable cause of death was strangulation. But her killer was never found.

Long's third wife, Beverly Ruth Long, had flown in from their home in Las Vegas for yesterday's hearing, and his adult daughter, Amy Long, had come from Northern California. When Long was led into the courtroom, wearing the dark green overall of a jail inmate, he turned around, blew his wife a kiss and greeted his attorney with a loud "Good morning." Long also had a hearing aid on his left ear.

Amy and Beverly Long declined to comment on the case after the hearing. Beverly Long said that she was happy to see her husband in the courtroom. "But he didn't look too good," she added, her eyes tearing up.

At Snook's request, Sharrett set a Dec. 8 hearing to consider at least two motions filed by the defense. Snook wants the judge to dismiss Long's second wife's statement that he had admitted to killing Naomi Long. If allowed in trial, the testimony would be the only substantial evidence against Long, now that the recent DNA test failed to link him to the alleged murder weapon.

Snook said that he would fight the testimony with all means possible. "There are a lot of questions regarding mental and physical state of this witness," he said, adding that he would have experts from California, where Jaffe lives today, closely evaluate her. "If this statement was made after so many years, it makes you wonder," Snook said.

Long's former attorney, Michael Pariente, stated in August that Long was "totally innocent" and blamed his client's indictment in Virginia on testimony from a woman who Pariente called "a bitter ex-wife."

With his second motion, Snook wants to force prosecutors to provide him with any evidence obtained by Hopewell police during their investigation in the 1960s. "Normally, the commonwealth doesn't have to give me any of their information," Snook said. "But I can't investigate this myself, because the crime scene does no longer exist, and we don't know of any possible witnesses. A lot of stuff we cannot get," he said.

Snook said that to his knowledge, Newman had not submitted any other significant evidence at this point. "I believe him when he says he doesn't have any other evidence, and that he's still looking for some," Snook said.

Yesterday, on the other side of the courtroom, the victim's surviving family members had a good look at Long for the first time in almost five decades. John Fulcher, one of the victim's brothers, said in August that Long had always been "our No. 1 suspect."

But yesterday, Fulcher declined to comment.

Snook said that his client is optimistic to prove his innocence. "Don wants a speedy trial and a speedy resolution, so he can get back to his family as soon as possible," he said.

- Markus Schmidt may be reached at 722-5172 or mschmidt@progress-index.com.