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Posted by: Don (65.130.84.75) on June 24, 2003 at 16:08:11

Location: Roanoke

Tuesday, June 24, 2003

Radford man denied bond on sodomy charge

By SHAY WESSOL
THE ROANOKE TIMES

RADFORD - Authorities will wait for final reports from the medical examiner's office before deciding whether to charge a Radford photographer with murder in connection with what is thought to be the overdose death of one of his models, Radford's prosecutor said Monday.

For now, photographer Robert Edward Lee Shell, 56, remains in custody at the New River Valley Regional Jail in Dublin. Shell is charged with forcible sodomy and object sexual penetration against the model, 19-year-old Marion Elizabeth Franklin of Boone, N.C.

Franklin, who modeled under the name Chloe Jennings, died from an apparent drug overdose June 3 at Shell's studio in the 200 block of West Main Street. Franklin had taken medication and may have been incapacitated by that medication while the two had sex, police wrote in a search warrant affidavit.

The final autopsy report and the toxicology test from the medical examiner's office will help investigators decide whether to next charge Shell with second-degree murder. Both reports typically take months to complete.

Substitute Judge Harriet Dorsey denied bond on the sodomy charge brought by police June 7, citing the circumstances of the case.

A second bond hearing is scheduled July 2 in Radford Circuit Court, where a Radford grand jury brought the object sexual penetration charge June 10. Shell's defense attorney, Marc Small of Roanoke, said he would appeal Dorsey's ruling as well.

Shell, the author of photography books, the editor-at-large for Shutterbug Magazine and an internationally known instructor, has been in no other criminal trouble during his 30-plus years in the business, other than a 1969 charge for possession of marijuana, Small argued.

"He has a sterling international reputation as a photographer," Small told Dorsey.

Shell, wearing a red jail jumpsuit and hand and leg shackles, told the judge he planned to return to his home on Radford's Grove Avenue if granted bond, even though his wife has filed for divorce. His wife, Darlene Shell, did not attend Monday's hearing.

But Duncan argued that Shell has conducted photography seminars around the world and has a passport and the ability to leave the country at any time.

Small said Shell is pleading not guilty to the charges and any other allegations. He said he expects the evidence to ultimately show that both Shell and Franklin were willing participants in the sexual acts, something that could negate the criminal charge.

"I would suspect that when the dust settles that it will be found to be consensual," Small said.

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: Tuesday, June 24, 2003 

: Radford man denied bond on sodomy charge 

: 
: By SHAY WESSOL 
: THE ROANOKE TIMES 

:  
:  
:    RADFORD - Authorities will wait for final reports from the medical examiner's office before deciding whether to charge a Radford photographer with murder in connection with what is thought to be the overdose death of one of his models, Radford's prosecutor said Monday. 

:     For now, photographer Robert Edward Lee Shell, 56, remains in custody at the New River Valley Regional Jail in Dublin. Shell is charged with forcible sodomy and object sexual penetration against the model, 19-year-old Marion Elizabeth Franklin of Boone, N.C. 

:     Franklin, who modeled under the name Chloe Jennings, died from an apparent drug overdose June 3 at Shell's studio in the 200 block of West Main Street. Franklin had taken medication and may have been incapacitated by that medication while the two had sex, police wrote in a search warrant affidavit. 

:     The final autopsy report and the toxicology test from the medical examiner's office will help investigators decide whether to next charge Shell with second-degree murder. Both reports typically take months to complete. 

:     Substitute Judge Harriet Dorsey denied bond on the sodomy charge brought by police June 7, citing the circumstances of the case. 

:     A second bond hearing is scheduled July 2 in Radford Circuit Court, where a Radford grand jury brought the object sexual penetration charge June 10. Shell's defense attorney, Marc Small of Roanoke, said he would appeal Dorsey's ruling as well. 

:     

:     Shell, the author of photography books, the editor-at-large for Shutterbug Magazine and an internationally known instructor, has been in no other criminal trouble during his 30-plus years in the business, other than a 1969 charge for possession of marijuana, Small argued. 

:     "He has a sterling international reputation as a photographer," Small told Dorsey. 

:     Shell, wearing a red jail jumpsuit and hand and leg shackles, told the judge he planned to return to his home on Radford's Grove Avenue if granted bond, even though his wife has filed for divorce. His wife, Darlene Shell, did not attend Monday's hearing. 

:     But Duncan argued that Shell has conducted photography seminars around the world and has a passport and the ability to leave the country at any time. 

:     Small said Shell is pleading not guilty to the charges and any other allegations. He said he expects the evidence to ultimately show that both Shell and Franklin were willing participants in the sexual acts, something that could negate the criminal charge. 

:     "I would suspect that when the dust settles that it will be found to be consensual," Small said. 


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