Attorney Blog

Virginia's Mandatory Breath Test Law

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)27850 — Mon, 08 Mar 2010 08:00:00 EST

Virginia's "implied consent" law requires any person arrested for DUI/DWI to submit to a chemical test to determine the alcohol, drug, or both alcohol and drug content, of his blood.

This usually involves taking a breath test at the police statiion or courthouse after he has been placed under arrest, but since the test can be admistered up to 3 hours after the alleged driving incident, it may occur at some other place, such as a hospital.

Virginia Breathalyzer Results Not Always Accurate to Prove DUI Cases

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)27829 — Sun, 07 Mar 2010 08:00:00 EST

Under Virginia's "implied consent" law (Code section 18.2-268.2), any person operating a motor vehicle on Virginia highways is deemed to have consented to have samples of his blood or breath taken for a chemical test to determine whether alcohol and/or drugs is present in his system, if he is arrested for DUI. The test must be conducted within three hours of the alleged offense.

It should not be confused with the preliminary breath test (PBT) which is performed on a small hand-held device at the scene of the traffic stop. That test is voluntary.

This is not a voluntary test! It is mandatory, and if refused, can subject the person to additional prosecution. If convicted of unreasonably refusing to take the test following arrest, the person's right to drive in Virginia can be suspended for up to one year, and no restricted driver's license may be issued.

This test is usually performed at the police station or jail, and follows the person's arrest for DUI or DWI. The machine used in Virginia is an Intoxilyzer 5000 or 8000 model. This machine uses a breath sample to estimate the amount of alcohol in the blood.

The test results are admissible as evidence at trial to prove guilt.

An experienced and aggressive DUI lawyer in Virginia knows the limitations and defects of this procedure. Many factors can skew the reliability of the test results, and prove the person has not violated the DUI law.

How a Preliminary Breath Test (PBT) Can Ruin Your DUI Defense

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)27828 — Sun, 07 Mar 2010 08:00:00 EST

Most Virginia DUI arrests result when a police officer observess some traffic offense, such as speeding, running a red light or stop sign, or having a defective tail light or brake light. The officer may smell alcoholic beverages in the car or on the driver's breath, and then his focus shifts from a mere traffic stop to a DUI/DWI investigation.

Virginia police officers routinely ask persons whom they've stopped and suspect of being impaired by alcohol consumption to "prove you're okay to drive" by performing a preliminary breath test. Those who agree to take a preliminary breath test sometimes find themselves convicted of a DUI, although their refusal to perform the test may have resulted in their case being dropped for lack of probable cause to arrest.

The officer will tell the person if he refuses to take the test, that his refusal can't be used against him in court, and that even the result of the test can't be used against him in court. Believing this, many people agree to take the preliminary breath test (PBT) in the hope an arrest for DUI will not occur, or even if it does, it can't hurt them to do it. Neither of the above statements is completely true, and unless one asks, the officer need not point out that the preliminary breath test is voluntary.

Because most DUI and DWI arrests occur without a warrant, the officer must have probable cause to believe that the person was operating a motor vehicle while either impaired by alcohol (or drugs, or both alcohol and drugs), or intoxicated. The preliminary breath test is one factor the officer may consider in determining that probable cause exists to arrest for DUI or DWI.

In fact, the PBT result can be the only factor to justify a DUI or DWI arrest. Virginia's preliminary breath test statute permits the officer to arrest a person if the results of the preliminary breath test indicate there is any alcohol in the person's blood.

Many times, an aggressive and experienced Virginia DUI/DWI attorney can obtain great results for his client by challenging the probable cause for the arrest, therefore preventing the admission into evidence of the proof necessary to sustain a conviction of the charge. While the PBT result cannot be used at the trial to prove the driver was drunk or impaired, at a preliminary hearing or a suprression hearing challenging probable cause, the test results can be admitted to justify the arrest itself, and therefore permit the admission of subsequent evidence obtained -- such as the breathalyzer test, or in rare instances, a blood test -- to prove impairment or intoxication. I therefore advise my clients not to take the preliminary breath test if asked.

Preliminary Breath Test for Virginia DUI

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)27825 — Sun, 07 Mar 2010 08:00:00 EST

Virginia Code section 18.2-267 entitles a person suspected of DUI to have his breath analyzed before arrest "to determine the probable alcoholic content of his blood."

However, since few people know of this entitlement, the possibility of taking a preliminary breath test -- or, PBT -- is usually raised by the detaining officer. The statute also requires that the officer tell the suspect that he has the right to refuse the PBT, and neither his refusal to submit to the PBT nor the results themselves, "shall be admitted into evidence in any prosecution" for DUI.

While it cannot be said that all officers have ulterior motives for suggesting the driver take a PBT prior to arrest to "prove he is not impaired," in most cases only the suspected DUI violator who recently has had little or nothing to drink will benefit from taking a preliminary breath test because the results usually will be used against him to justify his arrest.

The statute -- as written -- implies the law authorizing a preliminary breath test is intended as a shield the DUI suspect may use it to prove he has no alcohol in his blood, or less than that required to be deemed impaired under Code secion 18.2-266. But in most cases the PBT statute is a sword officers use to bolster their probable cause for the driver's arrest for DUI. This is why.

The preliminary breath statute permits the officer to arrest for DUI "whenever the breath sample analysis indicates alcohol is present in the person's blood." Notice that the statute contains no language specifying that a preliminary breath test result below a certain level or above a certain level will or will not justify the person's arrest. The statute merely states that the officer may arrest for DUI whenever the PBT result indicates alcohol is present in the person's blood! In other words, even if the preliminary breath test result is below the statutory impairment level of 0.08 -- say, it reads 0.06 -- the officer may still arrest for DUI, using the PBT result either alone, or in combination with other factors that may lead a reasonable officer to conclude the driver was impaired.

Many people -- and some attorneys who do not have much experience in defending DUI cases -- believe the statute prohibits any and all use in court of the preliminary breath test results. This is a myth! The preliminary breath test result may be admitted into evidence "at a probable cause or pre-trial suppression hearing." Therefore, a person who agrees to take a preliminary breath test because he believes the results can't be used against him in court may find -- to his detriment -- that the test results may be used against him if his attorney challenges the probable cause for arrest, or to suppress evidence on some other ground.

Unlawful Wounding: A Lesser Offense to Malicious Wounding in Virginia

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)27637 — Wed, 03 Mar 2010 08:00:00 EST

Having an attorney who knows how to defend your criminal prosecution for malicious wounding is critical. Many criminal lawyers lack the experience in defending malicious wounding cases in Virginia, and therefore cannot give their client the best representation available. Every competent criminal defense lawyer should know that when defending a malicious wounding charge, every effort should be made to debunk the element of malicious intent, which will reduce the charge to unlawful wounding.

Examination of the differences in the punishment of the two crimes will explain why this should be done. The penalty for malicious wounding can range from five to twenty years imprisonment; a conviction of unlawful wounding may result in a penalty of no more than a year in jail.

An "unlawful wounding" occurs when the accused wounds a victim “with the intent to maim, disfigure, disable, or kill” him. But, if the defendant acts with malice, he is guilty of malicious wounding. In other words, the Commonwealth must prove beyond a reasonable doubt that the accused acted with "malicious intent" to obtain a conviction on the more serious charge.

It is often impossible to prove through direct evidence the malicious intent required to prove malicious wounding. However, malicious intent may be inferred and proved by the totality of the circumstances existing in the case. The factfinder may discern that the defendant had malicious intent from the nature of the defendant's conduct, the foreseeability of harm arising from it, or the evident motivation behind the wounding. As always, the factfinder can infer that every “person intends the natural and probable consequences of his or her acts."

Recently, I defended a young man who was charged with malicious wounding. Because the Commonwealth failed to establish sufficient facts at trial to prove either malicious intent or "intent to maim, disfigure, disable or kill," the trial judge refused to allow the case to go forward on either felony, and ruled the only possible charge the Commmonwelath could go foward with was assault and battery -- a Class 1 misdemeanor. My client was acquitted of that charge, and set free.

Malicious Wounding in Virginia Takes Three Forms

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)27625 — Wed, 03 Mar 2010 08:00:00 EST

In Virginia, malicious wounding charges are vigorously prosecuted and are punished severely.

The Virginia Code contains three primary statutes that address malicious wounding offenses, and each varies as to what acts consitute the crime. The key element of each malicious wounding statute is proof of malicious intent on the part of the accused. Absent proof beyond a reasonable doubt that the accused acted maliciously, he or she cannot be convicted of malicious wounding, but perhaps a lesser offense such as unlawful wounding or assault and battery.

The primary statute is Code § 18.2-51. It states: "If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony." A Class 3 felony is punishable by a prison sentence of from 5 to 20 years, and a Class 6 felony is punishable by a prison sentence of from 1 to 5 years. However, depending on the circumstances the judge or jury can, upon conviction of the Class 6 felony, find a lesser punishment, such as a jail term of not more than one year.

Code § 18.2-51.1 is a malicious wounding statute that carries a much harsher penalty, because it applies whenever the victim is "engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel." The range of prison time upon conviction for this offense is from 5 years to 30 years, with a mandatory minimum sentence of 2 years.

Of the three malicious wounding statutes, prosecution under Code § 18.2-51.2 is the harshest. This is the aggravated malicious wounding statute. It applies if the victim is severely injured, and also suffers a permanent and significant physical impairment, or is pregnant. This crime is a Class 2 felony, and upon conviction the accused will be subject to imprisonment of from 20 years to life.

Former Henrico Policeman Faces Federal Ponzi Scheme Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)26945 — Thu, 18 Feb 2010 08:00:00 EST

A former Henrico County police officer, Donald C. Lacey, faces federal charges alleging felony counts of mail fraud and unlawful monetary transactions. The federal information filed in the U.S. District Court in Richmond alleges Lacey ran a real estate investment firm in the Richmond area that made false promises to investors and rarely used the money as it was supposed to be used in real estate projects.

The mail fraud charge says that Lacey sent a letter to an investor in Williamsburg, explaining that the money was safe and secure. The charge of engaging in unlawful monetary transactions involves a check for $55,000 from one of Lacey's companies that was used as a payment on a credit card.

In effect, the money Lacey and various other business he controlled used money from investors which was supposed to be used to buy houses in the Richmond area, fix them up and flip them at a profit. "The loans exceeded the loan-to-value ratios promised to investors and the money . . . was rarely used for the designated real estate projects," according to the complaint.

Investors are irate at being duped. "I think they ought to throw the book at him," said Allan Mullian, a Richmond investor who along with his family had invested $2 million through companies Lacey was involved in. Mullian and at least a dozen investors sued, claiming they were duped in what some called an elaborate Ponzi scheme involving Richmond-area properties leveraged to the hilt.

Lacey, if convicted, will forfeit any property traceable to the violations, and may also be imprisoned.

81 Year Old Virginia Man Jailed in Internet Sex Sting

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)26665 — Fri, 12 Feb 2010 08:00:00 EST

An 81-year-old Richmond, Virginia area man remained held without bond yesterday after a Louisa County General District Court judge certified solicitation charges against him to a grand jury.

Prosecutors presented transcripts of Internet conversations that they say occurred between Irvin "Pete" Baldwin and a Louisa investigator posing online as a 13-year-old girl.

Baldwin was arrested in December after traveling to Louisa to meet the girl, authorities say.

Baldwin faces three counts of online solicitation of a minor and faces up to 120 years in prison. A grand jury will consider the charges in March.

Malicious Wounding Charge in Prince George Virginia Results in Not Guilty Verdict

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)26602 — Thu, 11 Feb 2010 08:00:00 EST

A Virginia man was found not guilty today by a Prince George County circuit court judge after enduring seven months of fear, stress, regularly reporting to probation officers, and being confined to his home each night at 9:00 p.m.

His ordeal began when he was apparently mistaken for someone else by another young man who had been drinking steadily for several hours. Ultimately, the two came to argue when the complainant blocked the roadway, cursed the defendant, and began kicking the side of the defendant's car and tearing off side-moulding, and refused to stop. The defendant hit the complaint with his fist once, knocking hiim out. The punch also broke the complainant's jaw.

The defendant then drive away from the area and telephoned police to report the incident. After speaking to the defendant, and to three witnesses (including the complainant), the police declined to press charges. However, the complainant later obtained a malicious wounding warrant from a magistrate, by leaving out of his affidavit critical information that he had also failed to tell the police -- that he had done "significant or serious" damage to the defendant's car before te blow was struck. The defendant was arrersted on that charge, a Class 3 felony punishable by up to 20 years in prison.

At the preliminary hearing, the Commonwealth admitted the Complainant had earlier lied to the police by concealing from them his attacks on the defendant's car. However, the Commonwealth maintained that the defendant was still guilty of malicious wounding. The district court judge disagreed and certified the charge to the grand jury as "unlawful wounding," which reduced the penalty upon conviction from 5 years to life to 1 to 5 years.

At the conclusion of the Commonwealth's evidence, the trial judge granted the defense motion to strike the felony count, but allowed the case to proceed on a misdemeanor assault and battery charge, which is a lesser included offense of unlawful wounding. In essence, the court found that the Commonwealth had not met its burden beyond a reasonable doubt to show that the defendant had intended to "maim, or disfigure" the complainant when he struck him.

The defense rested without putting on any evidence and the outcome hinged on the final arguments.

The court was persuaded that the defendant had not acted unlawfully by striking the complainant with his bare fist to prevent him from further damaging his BMW when other means of persuassion were unsuccesful.

Crack Cocaine Sentences May Come Down

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)26317 — Sun, 07 Feb 2010 08:00:00 EST

Criminal defense lawyers representing clients charged in crack cocaine cases have decried the disparity in sentencing of persons convicted of possessing or selling crack as opposed to powder cocaine.

Under current U.S. Sentencing Guidelines (USSG), a person convicted of possessing or distributing 50 grams of crack cocaine gets the same sentence as another who possesses or distributes 100 times more that amount of cocaine powder. This 100-1 disparity in sentencing has befuddled federal judges, prosecutors and defense attorneys, an now, apparently, some action may soon be taken in Congress to correct the situation.

On Thursday, February 11, the Senate Judiciary Committee is scheduled to take under consideration S-1789, titled the Fair Sentencing Act of 2009. This Bill amends those sections of 21 U.S.C. 841 to equalize the penalties for conviction of cocaine and crack cocaine. It does so by increasing the amount of crack cocaine from 50 grams to 5 kilograms to constitute a violation. It is intended that the amendment will lead to law enforcement to re-focus efforts on drug "king pins" rather than targeting the street-level dealer.

The amendment also directs the U.S. Sentencing Commission, the independent body responsible for promulgating the USSG, to make appropriate changes to the the guidelines so that they will take effect upon passage of the Bill into law.

A related Bill in the House of Representatives seeks to amend the law as well. The House Bill specifies that it will be retroactive only for convictions occurring within 180 days of enactment. The Senate Bill does not specify whether it will be retroactive or not.

We shall be monitoring the progress of these two pieces of legislation and will keep those interested advised.

Virginia Senate Committee Approves New Traffic Laws

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)25867 — Fri, 29 Jan 2010 08:00:00 EST

The Virginia senate Transportation Committee approved Bills affecting Virginia motorists, that if passed by both chambers and signed by Governor McDonnell, will raise the highway speed limit from 65 mph to 70 mph, further restrict cell phone use while driving, and require every occupant to use seat-restraints.

Virginia Prosecutors Must Call Technicians to Testify at Trial About Lab Work

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)25737 — Wed, 27 Jan 2010 08:00:00 EST

In Virginia, and many other states, if the Commonwealth's Attorney needed to use scientific means to establish an element of proof of guilt in a criminal case, all that need be done was to enter into evidence the scientific testing results of the evidence and did not need to call the technician or scientist who prepared the test result as a witness to testify at trial.

This most often happened in prosecutions involving drunk driving and drug possession. Although one would think that it would be necessary to have the person preparing the report present at trial to testify about what testing was performed, how it was performed, and the meaning of the test results, the law made this unnecessary so long as the scientist or technician swore to accuracy of the written result (the certificate of analysis) as required by a state statute.

These laws were enacted as cost-savings measures. Given the rise in drug and DUI prosecutions, many more technicians would have to be employed by the states to handle the testings if others were away from the laboratories testifying in courts about their work on previouos cases. Of course, the defendant could subpoena the technician or scientist, but that shifted the burden of proof from the prosecution to the defendant, which is "going the wrong way" in criminal cases.

For decades defense lawyers have been complaining about the unfairness of that procedure, and last year the United States Supreme Court agreed. In the Melendez-Diaz case, the Supreme Court ruled that such reports were "testimony" and to be properly admitted into evidence the preparer of the report had to be called to testify by the prosecutor about the testing performed, unless before trial the defendant waived his right to confront the witness in person.

State legislators, including those in Virginia, scrambled in the wake of this decision to amend existing state laws on the admissibilty of such reports to try to conform the law in such a manner to satisfy the Supreme Court's ruling, but at the same time lessening the need to hire a great many more technicians in the state labs.

There was one other avenue left to Virginia though, a case pending in the U. S. Supreme Court before Melendez-Diaz was decided that might give a more favorable ruling to state prosecutors than Melendez-Diaz. However, their hopes were dashed this week when the U. S. Supreme Court remanded (sent back to Virginia) the case of Briscoe v. Virginia.

In the Briscoe case, the Virginia Supreme Court upheld the (pre Melendez-Diaz) Virginia statute that allowed prosecutors to use affidavits, not introduced through the live testimony of the preparer, to provide forensic evidence for drug analysis and blood alcohol level tests. The remand specified that the Virginia Supreme Court reconsider its decision in accordance with Melendez-Diaz.

As the law stands in Virginia now, if the Commonwealth intends to offer scientific evidence at trial, it must notify the defendant in advance of its intent, and advise the defendant that if he or she fails to inform the Commonwealth of their desire to cross-examine the technician or scientist who prepared the report within a specified period of time, the Commonwealth will be entitled to introduce the report without the testimony of the preparer.

Search Warrants in Virginia

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)25701 — Tue, 26 Jan 2010 08:00:00 EST

The Fourth Amendment to the United States Constitution was enacted to protect persons from government intrusion in their persons, homes, businesses and personal effects. Although Virginia has a similar provision in its state constitution, the Fourth Amendment is made applicable to all of the states by the "due process" clause of the Fourteenth Amendment.

In Virginia, the General Assembly has enacted several statutes that address search warrants. For instance, Code section 19.2-52 describes who has authority to issue search warrants. That section states, in applicable part, "... search warrants, based upon complaint on oath supported by an affidavit as required in § 19.2-54, may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant." Notice that the statute does not specify that the person swearing out the oath be a law enforcement officer, but that is generally the case, whether it be a local sheriff's deputy, state trooper, police officer, or federal agent.

The person seeking the issuance of the search warrant must also file an affidavit. Code section 19.2-54 states, in applicable part: "No search warrant shall be issued until there is filed with the officer authorized to issue the same an affidavit of some person reasonably describing the place, thing, or person to be searched, the things or persons to be searched for thereunder, alleging briefly material facts, constituting the probable cause for the issuance of such warrant and alleging substantially the offense in relation to which such search is to be made and that the object, thing, or person searched for constitutes evidence of the commission of such offense."

In order to be a valid search warrant, it must also comply with what state law permits a person, place, or thing to be searched for. Code section 19.2-53 provides: "Search warrants may be issued for the search of or for specified places, things or persons, and seizure therefrom of the following things as specified in the warrant: (1)Weapons or other objects used in the commission of crime; (2) Articles or things the sale or possession of which is unlawful; (3) Stolen property or the fruits of any crime; (4) Any object, thing, or person, including without limitation, documents, books, papers, records or body fluids, constituting evidence of the commission of crime."

Teen Drug Use -- What Parents Should Know

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)25371 — Wed, 20 Jan 2010 08:00:00 EST

The reports we occasionally see that this or that national survey indicates a rise in alcohol and drug use among teens -- and that they're starting to abuse at earlier ages and in higher number -- bears some serious parental scrutiny. I am one of many, many attorneys practicing criminal defense in the Richmond, Virginia metropolitan area, and in the past 5 years I have represented approximately 150 teens for some kind of drug-related offense.

While most have been occasional users of marijuana (pot) and its derivatives, others were seriously using higly addictive drugs on a regular basis. Many of these other drugs were obtained from home, or a friend's home, and not necessarily from the dealer in the bad part of town. In almost every instance, the kid's parents had no idea that their child was even using pot!

As a parent of two sons born three years apart, I can also speak to this point with a modicrum of experience. Although neither was drinking at the time of the event in question, while in high school each boy generated a late night call to me from the police because they were with others who were drinking. Thankfully, neither was prosecuted, and more thankfully, neither -- again, to their mother's and my knowledge -- have become overly familiar with illegal drugs (in other words, we're assuming they've both experimented since they're college age and older, but if so, it has yet to surface).

The lesson here is that no matter how good an example a parent sets for his/her child, they must assume that there is conduct occurring that is being effectively hidden from them by their children. Think about it --- did YOUR parents know EVERYTHING you did as a teen? Probably not. And today's youth on the whole are exposed to much more temptation than were their parents and grandparents. In my view, teens today are more willing to spread their wings at an earlier age, and to take higher risks without seeing the potental adverse consequences of their acts.

So, my advice to parents reading this is to continue to be involved in your children's lives to the extent that you can without turning them into social outcasts, or stifling their development as well-rounded adults. At the same time, do not abandon your responsibillity to educate them about the perils that are out there.

Also, spend some time on the Internet. Social network pages such as Facebook and MySpace are popular with youngsters, and you can see what your kids find interesting and who comprise their circle of friends. Also, learn the lingo the kids use -- http://www.webmd.com/parenting/teen-abuse-cough-medicine-9/drug-slang is a source for educating yourself on the slang kids use to discuss drug-related practices. This could prove very helpful.

Compensating Those Wrongly Imprisoned -- The Texas Approach is Better Than Virginia's

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)23956 — Fri, 25 Dec 2009 08:00:00 EST

Criminal defense attorneys have long questioned the reliability of eyewitness identifications. Where semen, blood or skin is left at a crime scene, DNA evidence can either confirm or eliminate the proof against the defendant. Sometimes innocent people have to wait years in prison until DNA evidence can establsih their innocence. In many cases, they are entitled to be compensated by the Commonwealth for their time spent behind bars.

By statute, Virginia will reimburse innocent persons who pleaded "not guilty" at trial and have served time in prison for certain felonies. However, the maximimum amount of compensation is far less than other states.

Only Texas has executed more persons than Virginia since 1972, yet a Texas statute providing for restitution of persons wrongly convicted pays $80,000 per year of incarceration, while Virginia's statute only allows an amount equal to 90 percent of the Virginia per capita personal income as reported by the Bureau of Economic Analysis of the United States Department of Commerce for each year, or portion thereof, of incarceration up to 20 years. In other words, for a person wrongly convicted in Virginia to be compensated on the same basis as a person wrongfully convicted and imprisoned in Texas, the per capita income of Virginians (that is, the average income of each Virginian) would have to be almost $90,000 per year.

Moreover, only a portion of that amount -- one fifth (20%) -- is paid immediately. The remaining 80% is paid in monthly installments for a period certain of 25 years commencing no later than one year after the effective date of the appropriation. The annuity from which the monthly payments are made may not be sold, discounted, or used as securitization for loans and mortgages by the person awarded compensation.

Milwaukee Man to Face Single Trial in Seven Murders Spanning Several Years

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)23954 — Fri, 25 Dec 2009 08:00:00 EST

In Virginia, prosecutors regularly obtain separate trials when a person is accused of more than one criminal act occurring at different times. This is especially true in homicide cases, the most important criminal trials of all.

The reason this is the standard is clear. By presenting evidence to the jury of one crime, the jury can rmain focused on evidence pertaining to just that one crime. This also removes the ability of the jury to speculate that if the evidence is stronger in one incident, the jury can presume guilt in another, less certain set of facts.

Second, if the evidence is weak in one case, trying the person a second or third time may result in a guilty verdict and a lenghthy incarceration.

However, this is not how it is done in other states. For instance, the Associated Press reported yesterday that a Milwaukee, Wisconsin judge ruled that a man accused of killing seven local women will have one trial covering all their deaths. Forty-nine-year-old Walter E. Ellis has pleaded not guilty to homicide charges in the seven murders that occurred between 1986 and 2007 in Milwaukee.

Ellis' attorney had asked Judge Rebecca Dallet to separate the cases. Separate trials would make it harder for prosecutors to show links between one case and another.

Judge Dallet said Wednesday there are enough similarities between the cases that they can be tried together.

Deer Hunter Under Investigation in Shooting Death in King George, Virginia

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)23405 — Tue, 15 Dec 2009 08:00:00 EST

Games & Inland Fisheries conservation officers are investigating the fatal shooting of a deer hunter by another hunter in King George County. Both were members of a hunting club.

Department of Game and Inland Fisheries spokeswoman Julia Dixon said yesterday that 27-year-old Carrie L. Loving of Fredericksburg was standing near another hunter's truck when she was shot. Dixon also said 28-year-old Forrest D. Matthews Jr. of Fredericksburg shot and killed a deer, and a single buckshot pellet hit Loving in the head. A single 16-guage "double aught" shotgun pellet is almost the same size as a .38 caliber bullet. She later died at Mary Washington Hospital. Loving was wearing blaze orange.

This is a tragedy for all involved. In addition to the death of a young woman, Mr. Matthews will likely be struggling not only with his guilt over the incident, but the fear and anxiety that the potential for a prosecution brings. It is a no-win situation for all parties involved, and their families and friends.

In many accidental shooting cases arising from deer or turkey hunts, there is a tendency for Commonwealth's attorneys and game wardens to assume criminal negligence -- or worse -- played a significacnt part in the victim's death. If charges are filed against Mr. Matthews in this instance, he would be well advised to obtain the services of an attorney well-schooled in both investigative techniques, and forensic science, to challenge the Commonwealth's theory of the case. I speak to this from personal experience.

Several years ago I defended a deer hunter who was charged with manslaughter in a hunting accident that resulted in the death of his best friend's 16 year old nephew. The case went to trial, but after hearing the Commonwealth's evidence, the judge dismissed the charges, explaining the Commonwealth had failed to put forth sufficient evidence that my client was criminally negligent, or otherwise legally at fault. While my client did not have to serve any time in jail or have a felony conviction on his record, he lives daily with the memory of the events of that tragic day -- and will do so until he dies.

Hunting is a popular sport in Virginia, and for the most part, is conducted without serious injury or death to humans. However, shootings of human beings do occur with more frequency than is necesary. Unintended consequences are best avoided when hunters at all times remain alert to the potential dangers that exist when engaged in this activity.

Exercising Your Rights Can Prevent a DUI Conviction

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)22036 — Wed, 18 Nov 2009 08:00:00 EST

There are a couple of reasons most lawyers state that interested them in pursuing a career in the law: one, they like to argue; and two, they want to help people. With due respect to their choice, I am omitting those who are in the profession to make a lot of money, though they do provide the grist for a good many of the lawyer jokes going around.

Me, I fall into both categories. But of the two, I favor the second, especially when it comes to criminal cases. What most people, and certainly, government prosecutors and federal and state legislators, believe, is that "setting an example" by getting convictions is necessary to stop crime, and bending the constitution is okay. I disagree with that with all my being!

In over 30 years as an FBI agent and lawyer, I have seen innocent people literally railroaded by the criminal justice system because they did not know what their rights were when confronted by the police. As a consequence, far too many have found themselves in a position where their trust in the system (the belief that if I'm innocent, nothing will happen to me) backfired!

This can take many forms: talking to the police without asking the right questions being perhaps the foremost transgression.

The Fifth Amendment to the constitution attaches to every peron in the United States when he or she is confronted by the police. It protects the individual from being compelled to give evidence against himself. And it does not mean just at trial, but at anytime he is the target of a police investigation. While the protection applies across the board, many don't understand it or reach out for its protection --- I call these folks, "blabbers." Like a 10-year old confronted by a parent, they tell the police everything, and do everything the police officer asks them to do. Even when they don't have to! Even when its in their best intersts NOT TO!

In the past week, two friends (not clients) contacted me. Each had been stopped by a police officer on suspiciion of DUI. Each recalled what I have preached to all my clients in newsletters and on the Internet: Decline, "on advice of counsel," to answer any question about whether you have had anything to drink, and decline, "on advice of counsel," to perform field sobriety tests. Both followed my advice.

One reported that after making the statements suggested, the state police officer laughed, and said something to the effect that,"If you can remember all that, I guess you are okay to drive." He was not charged.

The second was charged, but because the officer had no admission of prior drinking, and no field sobriety tests (which are, by the way, almost completely unreliable indicators of impairment), had his Florida DUI charge reduced to improper driving. He spent a night in jail, but avoided what may have been for him, a job-losing conviction for DUI.

Clemson Study Reveals Field Sobriety Tests (FSTs) Not Reliable for DUI/DWI Purposes

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)21560 — Tue, 10 Nov 2009 08:00:00 EST

3 Tips if you get charged with Reckless Driving

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)21468 — Mon, 09 Nov 2009 08:00:00 EST

When Drug Dealers Call the Cops

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)19273 — Wed, 30 Sep 2009 08:00:00 EST

As a criminal defense lawyer in Richmond, Virginia, I have been involved in hundreds of prosecutions in state and federal courts. All of them have been unique in some way, but one was a real doosie.

In a recent case I tried in Henrico County (Virginia) Circuit Court, a jury found my client not guilty of seven felony charges, including two counts of using a firearm in the commission of a felony, two counts of firing into an occupied vehicle, and two counts of attempted malicious wounding. While I would like to take all the credit for the outcome, upon reflection, I have determined the most likely reason is that people -- and specifically the people on this jury -- are just fed up with drug dealers, and are frustrated at the inability of law enforcement at all levels to win a "war on drugs" that has been on-going since Richard Nixon was elected president in 1968. You see, my client's actions that prompted the charges against him was taking the law -- and a gun -- into his own hands to stop a pair of drug dealers from selling his (tragically addicted) boss heroin. As the case unfolded, a couple of things became clear to me.

One, some drug dealers do not fear the police, or even long periods of incarceration (one of the drug dealers in the case had served prison terms of 8 and 2 years on previous convictions, and was on probation for the last one; the other was on probation for a distribution conviction just 6 months earlier for which he had received a 5 year suspended sentence). Like most law-breakers, they correctly assume that law enforcement officers are not going to shoot at them unless they attempt to shoot first. Moreover, they view themselves as businessmen who see jail as a potential -- though not certain -- risk that is worthwhile given the profit margin in drug sales.

Two, drug dealers do not like to be on the business end of a loaded gun wielded by anyone, but especially someone willing to risk his own life in a high-speed chase to stop them. My client would not have been charged except for the fact that these idiot dealers called the police themselves because they felt they should not have been exposed to such violence in carrying out their "business." Despite their confessions to the police that they were in the process of making a drug sale that my guy stopped, they were not charged with any crime (except for the driver, who was cited for driving while his license was suspended for his recent drug conviction) related to their attempt to sell a Schedule I controlled substance. On cross-examination, the chief investigator could only say there was "insufficient evidence" to bring any charges against them -- even though it was clear there was sufficient evidence to convict for an attempted drug sale.

At trial, the Deputy Commonwealth's Attorney had the distasteful task of letting the bad guys go free, to prosecute the "white hat." Perhaps the reasoning behind that decision was to set an example that private citizens must let the police handle drug cases and not take matters into their own hands. Law enforcement is better suited to solve crimes than "Joe Public," but in this case, twelve people disagreed.

Malicious Woundings on Rise in Henrico?

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)18602 — Fri, 18 Sep 2009 08:00:00 EST

This week a student at Virginia Randolph High School in Henrico County, which abuts Richmond, was arrested on charges of shooting at other students in the school's parking lot. Thankfully, no one was injured. Although the accused is a juvenile, his use of a gun has prompted prosecutors to seek to have him tried as an adult, and if they are successful, he will face a harsher punishment if convicted.

Malicious wounding cases appear to be on the rise in this part of Virginia. Recently, the son of Henrico Commonwealth's Attorney Wade Kizer had malicious wounding charges against him dismissed after prosecutors agreed the injury he inflicted on another young man was the result of their "mutual combat."

In August, I successfully defended a 23 year old facing 80 years in prison on two counts of attempted malicious wounding and four other related charges. I was able to convince the Henrico County jury that my client was not shooting at the two drug dealers who filed the complaint, but rather at their car engine in an attempt to disable it so he could prevent his heroin-addict employer from buying drugs from them.

Malicious wounding, and attempted malicious wounding, are serious charges that carry severe penalties. If a firearm is used or displayed, a separate charge will be often added, one that carries a potential mandatory minimum prison sentence of 3 years. People facing such charge should find the most competent attorney to represent them.

Would You Use a Gun to Prevent Crimes

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)17984 — Fri, 04 Sep 2009 08:00:00 EST

In August, I successfully defended a young man charged with seven felonies in Henrico County, Virginia. His crime: firing a shot at a drug dealer's engine compartment to prevent him from completing a sale to his friend, a heroin addict who happened to be in the car that was speeding away from the friend's house in a pre-arranged effort to satisfy a drug habit.

My client was charged with two counts of firing into an occupied vehicle with the intent to injure the persons inside; two counts of attempted malicious wounding; one count of leaving the scene of an accident; and two counts of using a firearm in the commission of a felony.

Although no one was injured and the friend rescued from his drug suppliers before the sale could be completed, the case demonstrated three things:

One, Virginia does not want private citizens to intervene in preventing crime, even when it is impossible to get officer assistance in to the scene in time.

Two, drug dealers call for police assistance themselves when they feel threatened.

Three, when presented with a truthful rendition of the facts, and a justifiable argument to support innocense, jurors will acquit a person of a crime despite the arguments of the state to the contrary.

Lagarrette Blount: New Symbol of Bad Sportsmanship?

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)17982 — Fri, 04 Sep 2009 08:00:00 EST

In the first big college football game of the 2009 season, PAC-10 powerhouse Oregon played BCS wannabe Boise State before a national television audience on that irritating-to-the-eyes blue turf field in Boise. While the big story should have been BSU's trouncing of a contender for the PAC-10 title (for the second straight year, no less), the post-game incident between Oregon running back Lagarrette Blount and BSU linebacker Byron Hout was "the headline." If you have just emerged from a coma or a hangover and don't know what happened, listen to this:

As the teams mingled at the center of the field after the game, Hout slapped Blount on the shoulder pads and said something to him, smirking as he did. While it is not known what words were spoken by Hout, the video depicts a BSU assistant coach (who evidently heard the comment) trying to grab Hout and pull him away. However, before he could get Hout out of range, Blount caught Hout on the chin/cheek with a right cross, knocking Hout to his knees. The bedlam that erupted thereafter is unimportant for this blog. What is important to me is the lack of sportsmanship displayed by BOTH Hout and Blount, and how their respective coaches reacted.

Oregon suspended Blount for the rest of the season. Shocking -- at least to me --- is that Hout's coach said he would not take any action against his player, whose bad sportmanship was the catalyst for the punch. Although a BSU assistant heard what he said to Blount and immediately knew it was likely to provoke an undesireable response, BSU will keep him on the field.

It may have been a better message sent to middle schoolers and high schoolers to kick Blount off the team, and suspend Hout for the season.

Football is a game played with passion and emotion. As a player myself, and in watching practices and games my son participated in at Virginia Tech, I know that one of the keys to a successful performance on the field is to "let it all out" -- that is, psyche yourself into a very high emotional state to compete at your highest level. All football players do this, especially at the college level and up.

However, one has to be able to turn off those emotions quickly. Once the play on the field is over, there must be a cooling off. "Good sportsmanship" means not only accepting defeat gracefully, but not gloating or "trash talking" a defeated opponent. Suspending Hout will get this message across.

Virginia Uninsured (UM) and Underinsured Motorist (UIM) Auto Insurance Coverages

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)15766 — Fri, 24 Jul 2009 08:00:00 EST

Richmond, Virginia auto accident attorney Tony Stelly explains how Virignia motorists can protect themselves against catastrophic costs if they are injured in an accident and the party at fault has little or no liability insurance to fully compensate them.

Virginia Auto Accident Victims Rights When Driver at Fault Has No Liabilty Insurance

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)15765 — Fri, 24 Jul 2009 08:00:00 EST

Virginia drivers injured in auto accidents should look to their own insurance policies when the driver at fault has no liability insurance coverage, or too little insurance coverage, to pay damages.

Reckless Driving and DUI Are Crimes in Virginia

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)15730 — Thu, 23 Jul 2009 08:00:00 EST

Reckless Driving and Driving Under the Influence (DUI) in Virginia are Class 1 misdemeanors. In Virignia, a Class 1 misdemeanor is punishable by a term in jail of up to 12 months, and a fine of up to $2500.00, either or both.

In addition to going on one's driving records, a conviction for DUI or Reckless Driving in Virginia will also go on one's criminal record, or "rap sheet."

Therefore, it is a good idea to confer with an attorney soon after you have been charged with either one of these offenses. An attorney can evaluate your case, with a mind to exploring what defenses you may have to the charges, and how he or she may be able to have the charge reduced to a lesser offense.

Some attorneys offer consultations for free, others charge a nominal fee. But don't be swayed by the cost, because a skilled, aggressive, courtroom battler is what you probably want, not a novice who may go to sleep at the wheel and overlook a chance to get you the best result possible.

How Virginia Drug Arrests May Be Challenged

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)15133 — Fri, 10 Jul 2009 08:00:00 EST

http://www.youtube.com/watch?v=Fgzj1oICymA

Richmond, Virginia federal and state criminal defense attorney Tony Stelly, explains how it is possible to successfully challenge an arrest for drug possession, including marijauna.

Experienced defense attorneys know that the first step in a client's defense of a criminal charge will be to ascertain the validity of arrest, as well as the validity of the search of the client, or his car or truck or home. Many convictions are avoided where the defense lawyer has "done his homework" before trial and has successfully challenged because there was no probable cause to justify the law enforcement officer's actions.

In particular, where an arrest or search is based on information obtained from a police informant, there are circumstances where the arrest or warrant is subject to attack because insufficent information was available to establish the probable cause that is ALWAYS required before the arrest is made or the search warrant issued.

Alleged DUI Crash in Tidewater Area Involved State Trooper

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)14224 — Tue, 23 Jun 2009 08:00:00 EST

An allegedly intoxicated driver traveling the wrong way on I-264 in Virginia injured two people after crashing into their car. He then hit a state trooper who was trying to block his travel.

About 1 a.m., state police received several calls about a driver heading west in the eastbound lanes of I-264 near Laskin Road, said Sgt. Michelle Cotten, a state police spokeswoman.

The driver crashed the 1992 Lexus he was driving into a sedan carrying two people, who suffered minor injuries and were taken to a hospital, according to a news release

He then hit the patrol vehicle of Virginia State Trooper L.C. White, who had angled his car along the interstate’s left lane and shoulder in an attempt to stop the Lexus. The driver hit the trooper head-on, and he suffered minor injuries, according to the release.

The driver then traveled another 100 yards before his vehicle came to a stop, according to the release.

White arrested 44-year-old Cleveland N. Robertson of Hampton and charged him with driving under the influence, two counts of felony hit and run and driving the wrong way, according to the release

When Applying For Auto Insurance Be Completely Honest or Risk Having No Coverage When You Need It

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)13018 — Sat, 30 May 2009 08:00:00 EST

Auto insurance policies are contracts formed between a company that is willing to risk that the policyholder (and other policy holders) will pay out more in premiums than the company will have to make in payouts because of accidents the insured may be responsible for during the term of the policy. One of the more important aspects the company considers before issuing a policy and establishing the cost of the premium is the previous driving record of the insured, and others who may be operating vehicles insured under the policy. Most policy applications ask the applicant to state who, besides himself or herself, resides in the household and may be operating the vehicle(s) to be insured, so that their driving records may be checked.

But what happens when the applicant / insured of the policy has neglected to accurately list the people who reside in his household, and one of those persons has caused an accident? Must the company pay the under the terms of the policy?

A recent decision in the Virginia Supreme Court said no. In the case of Portillo v. Nationwide Mutual Fire Ins. Co., the Court said the applicant’s failure to list a 21 year old nephew who resided with him as a household resident in the application was a material misstatement of fact that voided the policy. Therefore, when the nephew caused an accident, Nationwide did not have to pay the claim or defend the case.

Richmond Accident Attorney: Weather Factors Into Interstate Highway Accidents

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)12090 — Sat, 16 May 2009 08:00:00 EST

Teenagers and the elderly are often thought of as the most prone to having vehicle accidents. However, that is not necessarily so. Inexperience or slowed reflexes many times do factor in car crashes, but Virginia State Police statistics disclose that the drivers in more than half the accidents reported every year are in the "prime of life."

Even highly trained and experienced drivers get involved in traffic accidents on Virginia's interstate highways, especially those that are heavily traveled and often congested, such as I-95, I-295, and I-64 in and around Richmond. Especially when the weather is foul, obstructing visibility and lessening traction and control. This is what happened recently in Southwest Virginia when a State Police Trooper ran into the rear of a tractor trailer while responding to an accident on I-81 when his car hit a patch of standing water and hydroplaned. Though his "gray and blue" was totaled, the Trooper fortunately escaped with non-life threatening injuries.

Veteran accident attorneys know you cannot prevent every accident, but you can alter your driving in inclement weather to reduce the odds you may be a victim by doing the following: reduce your speed; increase the distance between your car and the one ahead of you; use your rear and side view mirrors to monitor where other cars are located in case you have to act suddenly; and don't let yourself be distracted by cell phones, smoking or day-dreaming.

Richmond Virginia Accident Lawyer Urges Reporting Speeding Police and State Troopers

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)12071 — Fri, 15 May 2009 08:00:00 EST

Virginia lawyers who litigate traffic accidents see all kinds of quirky things. Even pillars of the community get carried away when behind the wheel and do things they ordinarily would not do -- and get carried away to the hospital!

A few weeks ago this happened to two volunteer fire fighters in Spotsylvania County, Virginia. They were responding to a house fire shortly after midnight near Route 1 when their truck crossed the double yellow line and crashed into an embankment. Both were injured and had to be transported to the hospital in Fredericks burg.

Thankfully, neither firefighter was killed, but the investigating officer charged the driver with failing to keep proper control of his vehicle. Essentially, the fireman was speeding. But how many times have you seen a police cruiser racing along the highway without its lights flashing or siren on? How many times when traveling on I-95, I-64, or I-295 have you seen a state police blue and gray zoom past your car and the trooper did not have his car's lights flashing or siren on to alert you? Does the badge excuse these acts? Never!!

Those flashing lights and wailing sirens are on police cars to WARN other drivers and pedestrians that a fast moving car is nearby. Moreover, that it is a police car engaged in serious or life-threating mission. Regulations of virtually every police department in the country require officers to use the "lights and siren" when they have to exceed the posted speed limit. It is a safety measure to protect the public and the officer.

With good reason. More than 20% of the auto accidents that occur in Virginia each year are caused by "driver distraction" (or inattention), and another 10% are caused by excessive speed. Therefore, a third of the accidents occurring statewide in Virginia are caused by these two things careless law officers do from time to time. This needs to be stopped, or at least controlled.

Next time you see a police officer speeding without "lights and siren," take down the information from his car, and report him to his agency. Police supervisors need to know when their officers are breaking the law in this manner because, whether they realize it or not, these people are endangering the lives of the people they are charged to serve and protect.

Virginia Accident Attorney Warns Against Rubber- Necking

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)12066 — Fri, 15 May 2009 08:00:00 EST

Rubber-necking is dangerous, especially on Virginia's congested and bumpy interstates around Richmond. Among the most frequent causes of traffic accidents in Virginia in 2006 and 2007 was "driver distraction," according to reports of the Virginia State Police. Virginia accident attorneys know this, especially if they have been practicing long enough.

If you travel frequently on I-95, I-64, or I-295 in and aroound Richmond you will regularly see a crash or two. And if you are like most folks, you will slow down to get a better look as you pass the scene. But that is not the thing to do. You could be setting yourself up for involvement in a potentially fatal accident of your own. This happen just a few months ago on I-95.

A fiery crash along Interstate 95 in Prince George County in Virginia left person one dead, seven injured and snarled traffic for miles. State Police Sgt. Tom Cunningham said the Monday morning crash closed both northbound and southbound lanes of the highway.

Cunningham said the mess began when a car blew a tire and pulled off into the median. He said motorists in the southbound lane slowed to look at the disabled vehicle and a tractor trailer hauling sand plowed into several of the vehicles.

Exercise Care on Virginia's I-95 Near Richmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)12063 — Fri, 15 May 2009 08:00:00 EST

Many Virginia attorneys who litigate highway accident claims already know this: work on overpasses and other highway construction can contribute to auto accidents on Virginia highways, and even result in fatalities, especially when they are congested and speed limits are higher. Heavy traffic volume, including cross-country tractor trailers and semis, especially along I-95, I-64, and I-295 in and around Richmond, shorten the time between necessary repairs, and those VDOT crews have to block one or more lanes of traffic to get the work done safely.

Recently, VDOT attributed one multi-car collision involving a tractor trailer on I-95 near Richmond to work it was performing on an overpass. One person died at the scene in that accident.

Be careful when traveling these roadways for your own safety, and that of your family.

Play the Odds to Survive Traveling on Richmond's I-95

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11895 — Tue, 12 May 2009 08:00:00 EST

The Virginia State Police (VSP) statistics for traffic accidents the past two reporting years illustrate some interesting facts about auto accidents in the Commonwealth in 2006 and 2007. Since Interstate 95 in and around Richmond becomes highly congested at times with travelers coming and going to from the far north and the the far south, to places in between, as well as local traffic to downtown Richmond, knowledge of the VSP factoids can help drivers be alert to the causes and take action themselves to avoid becoming a traffic fatality or injury statistic.

Surprisingly, for both years, drivers impaired by alcohol were involved in traffic accidents surprisingly little. Less than 3 percent of the drivers involved in auto accidents reported in each year involved were drunk.

Almost half (47%) of the accidents were merely that --- accidents --- involving no moving violations being issued to any of the drivers involved. However, 11 percent of the accidents involved one driver being cited for following too close, and over 8 percent involved drivers cited for failing to yield the right of way.

Accordingly, when traveling I-95, maintain a safe distance between your car and those in front and behind you. Be alert to cars changing lanes and yield to those entering or trying to exit their lane or the highway.

Virginia State Police Statistics Disprove Link Between Drinking and Auto Accidents

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11893 — Tue, 12 May 2009 08:00:00 EST

Traffic accident statistics compiled by the Virginia State Police (VSP) for calendar year 2007 (the most recent reporting period) dispel popular belief that alcohol is involved in most accidents.

Of the 145,405 auto crashes in that year, only 7,019 drivers out of 265,589 involved were deemd to have been "impaired." That is 2.9 per cent of the total crashes. The statistics for that year indicate that 97 percent of the drivers involved in crashes were not impaired by alcohol.

These percentages were consistent with those reported the previous year. Of 279,505 drivers involved in the 151,692 crashes reported in 2006, 7,392 drivers were impaired. Though the number of impaired drivers was higher than in 2007, the percentage of impaired drivers involved in auto accidents was 2.9 percent, and 97 percent of the crashes did not involve drunk drivers.

Attorneys Challenge Use of Intoxilyzer 8000 in DUI Cases

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11865 — Tue, 12 May 2009 08:00:00 EST

Two Florida attorneys are challenging their state's use of the Intoxilyzer 8000 breath testing device that is being brought into Virginia to replace the oft-criticized Intoxilyzer 5000 that has been in use for several years to prove a suspect's Blood Alcohol Concentration (BAC). They claim that the machine is inherently inaccurate, produces false readings, and that it should not be the basis for DUI convictions.

Because blood tests to determine a suspected impaired driver's BAC is no longer optional in Virginia, the Intoxilyzer 5000 test result has been the key piece of evidence used to convict in Virginia when the reading is 0.08 or higher. The margin of error for the Intoxilyzer 5000 is alleged to be "only" +/- 0.02, but the tests results have been acceptable in the courts. As a result of this inaccuracy, people whose BACs are 0.08 or 0.09 are being convicted of DUI even though their actual BAC may be lower than 0.08, such as 0.07 or 0.06.

Confessions Hurt: Exercise Your Miranda Rights When Questioned by Police

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11761 — Fri, 08 May 2009 08:00:00 EST

I've lost count of the cases I've personally handled or been told about from other Richmond and Virginia criminal defense attorneys that could have been won if the clients had not confessed to the police. Many times the police had no case at all but for the client's admissions or confession. It doesn't really matter what kind of criminal case is involved --- DUIs, DWIs, burglaries, sexual assaults, drug cases --- the client's confession can and usually will end his chances of an acquittal.

Miranda

A few months ago a client called and told me all the employees at her business were told that there was money missing and that the police wanted to talk to them about it. She was perfectly willing to do so until the officer said he wanted all of them to submit to a polygraph (lie detector test) so he could "find the guilty person!" When she asked the officer whether she had to take the polygraph, he told if she didn't he would assume she was the guilty person. She said she wanted to talk to her attorney first, which really got him upset.

After speaking to me I wrote the officer telling him that I advised my client not to take the polygraph --- and explained why -- and also told him my client would be happy to talk to him in my presence, and asked him to select a time and place for the interview. Though he called and chided me about not letting my client take the polygraph, he never scheduled her for an interview. Why? Probably because he realized it would be impossible to obtain the incriminating statements he wanted or hoped to get from her if she was being advised by an attorney at the time.

Therefore, take advantage of your right to have counsel present and do not answer questions about a crime until you have a lawyer there to advise you.
rights to remain silent until a lawyer is there for you did not just come into existence because some lawyer or judge thought it would be a good idea. Its origins stem from police misconduct and unfair tactics to pressure admissions (confessions) from occasionally completely innocent people. And it still goes on today, even in Virginia!!

DUI Miscues

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11612 — Tue, 05 May 2009 08:00:00 EST

He never paid me any rent.

Washington State Patrol Trooper Trevor Downey was heading home after his shift when noticed a vehicle driving 30 mph in a 50 mph zone. As he approached the vehicle, it turned into a driveway and parked in the garage. When the driver was asked what he was doing, the unidentified 31-year Yakima man said it was his home.

Unfortunately, the driver had selected Trooper Downey’s home and parked in the trooper’s garage. The driver was charged with DUI, adding to his three prior convictions.

Nude DUI Arrests in Cornhusker State

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11611 — Tue, 05 May 2009 08:00:00 EST

Where do you keep your wallet?

Around 6:00 pm on a Saturday in April, a caller contacted a State Patrol dispatcher to warn them of a reckless driver on Interstate 80, adding that the male and female in the car appeared to be naked.

Troopers were able to locate the vehicle and its naked 26-year-old male driver and his naked 26-year female passenger. The driver was arrested for driving under the influence in Nebraska and driving with a suspended license. The female was released -- hopefully after being given some clothes!

Drunk Driving News

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11610 — Tue, 05 May 2009 08:00:00 EST

Think the apple doen't fall far from the tree? Check out this news item from Indiana.

An Indiana State trooper stopped a 19-year man for speeding and then arrested him for drunk driving after determining his blood alcohol content was 0.17%. Troopers contacted the man’s father, the county coroner, to retrieve the vehicle. When the father arrived, he too was arrested for Indiana DUI after registering a BAC of .10%. Father and son were both booked on charges of driving while intoxicated.

Theft of Personal Data Triggers FBI Probe

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11608 — Tue, 05 May 2009 08:00:00 EST

State and federal authorities are investigating a possible extortion demand that seeks $10 million for the safe return of more than 8 million patient records and 35 million prescription records that allegedly were hacked last week from the Virginia Department of Health Professions computers.

An extortion note posted on WikiLeaks, a Web site that publishes anonymous submissions and leaks of sensitive government and corporate information, reads:

"ATTENTION VIRGINIA I have your [stuff]! In *my* possession, right now, are 8,257,378 patient records and a total of 35,548,087 prescriptions. Also, I made an encrypted backup and deleted the original. Unfortunately for Virginia, their backups seem to have gone missing, too. Uhoh"

The note demands $10 million within seven days, but it does not say from what date the count began. Hackers apparently infiltrated the health professions' computers last Thursday.

M.A. Myers, a spokesman for the FBI's Richmond office, confirmed late yesterday that an investigation has begun. He said the FBI received a referral from the Virginia Information Technologies Agency.

The ransom-note writer said if the money isn't paid in seven days, "I'll go ahead and put this baby out on the market and accept the highest bid."

If the prescription data can't be sold, the writer says, then "at the very least I can find a buyer for the personal data" -- which the note says includes names, ages and Social Security numbers.

Should Teens Be Prosecuted for "Sexting?"

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)11510 — Fri, 01 May 2009 08:00:00 EST

Virginia law enforcement is joining the federal and international effort to fight child pornography by investigating instances in which teenagers -- some as young as 12 --- are using the technology their parents provide them to keep them safe from harm and help them broaden their learning in ways they find amusing, but may be fraught with severe consequences. We're talking mobile phones and digital cameras here.

"Sexting" is the transmission of obscene depictions of the human body, or obscene acts, using a cellular telephone." It is a very simple thing to do if you are handy with a cellular telephone, and have access digital camera, even one on a cell phone. Digital images uploaded from a camera can be sent via a cellular telephone to anyone with a camera phone.

This out-of-class "show and tell" is becoming commonplace among teenagers. Kids are sending nude photos of themselves or others (or of particular body parts) to friends. Why? Who knows! However, parents need to be aware of what their children are doing with their cell phones before the police get involved.

Henrico County police are investigating what they believe may be widespread "sexting" conduct by junior high school students. Once their investigation has concluded, they will turn over their findings to the Commonwealth's Attorney and let him decide whether to prosecute or not. However, this is not just a "local problem." Transmission of obscene images of persons under 18 years old is a federal crime!

Nigerian Internet Scams Can Be Detected

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)8575 — Fri, 30 Jan 2009 08:00:00 EST

One of my clients has, over the past week, given me two unsolicited e-mails he received and asked me to check out. Both were obviously Nigerian scams. The first purportedly was from a British soilicitor at a London law firm. The law firm does exist, and on its website disavowed any connection to the scheme.

The second e-mail asked him to e-mail certain personal information to a manager at "FedEx Express" in Benin (an African country, I think) so he could collect $1.5 million that was been held for him at that facility. I Googled "FedEx Express" and found it on a site called crime-online. The link is http://crime-online.info and appears to be a bulletin board of sorts to report such shenanigans.

Tougher driving comes with DUI conviction

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)8245 — Mon, 19 Jan 2009 08:00:00 EST

Chicago Tribune
By Monique Garcia | Tribune reporter

Motorists busted for drunken driving in Illinois after Wednesday will have to blow into a device to prove their sobriety every time they get behind the wheel—or their vehicle won't start.

December 29, 2008

The restriction is part of a new law that appears to be the state's biggest crackdown since 0.08 became the blood-alcohol standard in summer 1997.

The measure, one of the strictest in the nation, is aimed at first-time offenders convicted of driving under the influence. Those convicted will have 14 days to get a breath-alcohol ignition-interlock device installed in their vehicle's dash. With the device, if a driver has a blood-alcohol content above 0.024, the engine won't start.

Those with multiple DUI convictions previously could have been ordered to install the device.

As many as 40,000 offenders a year could be affected by the new law, which the General Assembly unanimously passed in 2007. The take-effect date was delayed so Illinois Secretary of State Jesse White could get ready to enforce it.

Sponsors responded to a concern from Mothers Against Drunk Driving that alcohol-related crashes and arrests had stopped declining in recent years. The group argued that technology could be used to get more drunken drivers off the roads.

"We were really trying to figure out what was the best way to move the ball forward a little bit," said state Sen. John Cullerton (D-Chicago), who sponsored the measure. "They suggested we try this technology, which has been proven."

Illinois is at least the fourth state to require the devices for first-time offenders, following New Mexico, Arizona and Louisiana, according to the National Conference of State Legislatures.

The bill's backers cited a 12 percent drop in alcohol-related traffic fatalities in New Mexico after that state implemented a similar law in 2005. Last year in Illinois, there were 508 deaths from crashes involving alcohol, according to state transportation officials.

"So often what we talk about when trying to prevent drunk driving is how to change human behavior, but these devices really allowed for an 'a-ha moment,' " said David Malham, a victim advocate with MADD-Illinois. "With this, it's not about changing human nature, it's about science interfering and preventing reckless behavior."

The Illinois Department of Transportation already is airing public service ads branding DUI offenders as "losers" and offering a re-enactment of an offender breathing into the ignition-lock device.

The devices will replace judicial driving permits, which judges issued to those convicted of drunken driving who needed to use a car to get to work or school. Now first-time offenders still will lose their license for 30 days, but will be allowed back on the road if they agree to have the devices installed in their vehicles.

Drivers who register a 0.08 or higher blood-alcohol level at the time of their arrest will be required to drive with the monitoring devices for five months. Drivers who refuse alcohol testing but are convicted must use the devices for 11 months.

The gadgets also will require drivers be tested periodically while the car is running. Drivers will have to blow into the device again within the first 5 to 15 minutes of a trip, then at least twice every hour.

If alcohol is then detected, the device instructs the driver to pull over to side of road and the engine is stopped. A report goes to the secretary of state's office for review and additional punishment is meted out.

The law isn't foolproof. There's nothing to prevent someone convicted of DUI from driving a car without the ignition-lock device. But the penalties for skirting the law are severe: if caught and convicted, a driver faces up to 3 years in jail.

"That's serious business," said Susan McKinney, who oversees the monitoring device program for the secretary of state. "There's no way we can ensure people won't find ways around it, but they'll pay heavily if they are caught."

The devices cost the driver $80 for installation and about $80 a month to rent. The secretary of state will charge another $30 a month to monitor drivers and administer the program.

"I've had people say, 'Wow, this sounds really inconvenient,' " Malham, of Mothers Against Drunk Driving, said. "And I say, well, 'Yeah, but driving drunk is not only inconvenient, it's dangerous and often deadly.'"

Facebook images catch New Zealand burglar

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)8244 — Mon, 19 Jan 2009 08:00:00 EST

By RAY LILLEY

Associated Press Writer

WELLINGTON, New Zealand — Police in New Zealand nabbed a burglar after posting security camera footage of him trying to crack a bar's safe on the Internet networking site Facebook.

Police said it was New Zealand's first such Facebook arrest and said they would use the site again to fight crime, as law enforcement officials and lawyers increasingly turn to online networks for purposes other than their original ones to provide social interaction.

"Facebook was very, very handy, and it's a good little tool," Senior Sgt. John Fookes of Queenstown police told The Associated Press on Thursday.

The burglar, wearing a face-covering balaclava and carrying a bag of tools, broke into a tiny storage room inside the Franklin Tavern in the tourist town of Queenstown early Monday and tried to cut into a safe containing $12,000 (NZ20,000) in takings from gambling machines.

After nearly an hour in the cramped space, the burglar removed his balaclava and gloves and looked around — red-faced from fruitless toil. As he left, the video shows the man suddenly spotting the lens of the security camera that was recording his every move.

"He looks around and sees it and there's just a shocked look of 'gutted,' said tavern assistant manager Mel Kelly. "His face definitely drops."

Officers posted the footage on the Queenstown police Facebook page and identification was "very, very quick; overnight, we had a number of responses" from the public, Fookes said. "If we've got something that the public can help us with then we'll certainly be putting it on Facebook."

The man was charged with two counts of burglary and was due to appear in court on Jan. 26.

A court in Australia last month approved a mortgage lender's application to use Facebook to serve legal documents on a couple who had defaulted on their payments. The previous month, a restaurateur in the Australian city of Melbourne reportedly used Facebook to track down a group who racked up a large bill then fled without paying.

Washington Teacher-Student Sex Law Ruled Unconstitutional

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)8243 — Mon, 19 Jan 2009 08:00:00 EST

By Mike Carter

Seattle Times staff reporter

State law does not ban teachers from having sex with 18-year-old students, according to a unanimous ruling by a panel of appellate judges.

The state Court of Appeals ruling came in a case involving Matthew Hirschfelder, a former choir teacher at Hoquiam High School who was charged with first-degree sexual misconduct with a minor in 2006 after an 18-year-old member of the choir told police she had been involved in a months-long sexual relationship with him.

Hirschfelder, who was 33 at the time, denies any relationship occurred.

Hirschfelder asked a judge in Grays Harbor County Superior Court to dismiss the case, arguing that the girl was not a minor because she was 18. The judge refused to dismiss the charge but urged the state Court of Appeals to address the issue because the state's sexual-misconduct statute seemed contradictory.

In an opinion issued Tuesday, a three-member panel of the appeals court agreed that the statute was unconstitutionally vague, and sent the case back to the Superior Court to be dismissed.

Hirschfelder argued that, even if the facts as alleged in his case were all true, no crime was committed. He argued that the statute on sexual abuse of a minor does not define the term "minor," and that both common law and other Washington statutes define that term as a person under the age of 18.

The appeals judges agreed, pointing out that the law was grouped with other statutes prohibiting the sexual exploitation of children, where the term "minor" is defined as someone under 18.

At issue was one section of the sexual-misconduct law that prohibits school employees from having sex with a student who is "at least 16 years of age," not married to the teacher and at least five years younger. The other two sections of the law, which deal with foster parents and others, apply only to sex with people "under the age of 18."

The confusion sent the appeals judges to the legislative history of the current statute, which has undergone numerous amendments and changes — and one gubernatorial veto — since it was first proposed in 2001.

They concluded that the Legislature's intent was to protect children under the age of 18 from predatory teachers, coaches or mentors.

"Thus, we conclude that the legislative history of [the statute] clarifies that the legislature intended ... to criminalize only sexual misconduct between school employees and 16- and 17-year-old students," wrote Judge Marywave Van Deren in an opinion signed by colleagues Christine Quinn-Brintnall and J. Robin Hunt.

The panel said Hirschfelder can seek to have the costs of the lawsuit paid by the county.

Hirschfeld's attorney, Robert Martin Morgan Hill of Olympia, said Hirschfeld still faces possible discipline by the state Superintendent of Public Instruction. State policies prohibit any sexual contact between students and teachers.

Hirschfelder was placed on administrative leave in 2006 pending an investigation by the Hoquiam School Board. Hill said Hirschfeld would like to retain his teaching certificate but had no plans to return to Hoquiam High.

A telephone call to the Grays Harbor Prosecutor's Office was not returned Tuesday. Prosecutor Stew Menefee told The Daily World in Aberdeen that he is considering an appeal.

Hirschfeld was joined in his legal fight by the Washington Education Association (WEA), the state's largest teachers union, and by the Washington Association of Criminal Defense Lawyers.

Rich Wood, a spokesman for the WEA, said the union involved itself "because we were seeking clarity for an ambiguous law. This ruling gives us that."

"Presumed Innocent" -- Not a Unique American Concept

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7161 — Tue, 09 Dec 2008 08:00:00 EST

Ecce Homo!

The New Testament of the Bible tells us these are words Pilate spoke to those wanting Jesus crucified while He stood beaten and bloody in Pilate's presence, and before those seeking his death. It translates, "behold the man," and was perhaps a not so subtle message ("Isn't this punishment enough?") to those demanding more than just a severe beating, but seeking capital punishment. But was this magninimity on Pilate's part, or a request impelled by a guilty conscience? As ruthless as the Roman Legions were in battle, and diabolical and cruel in political fights between themselves, there was an undercurrent of justice in the Roman esse.

In an 1895 United States Supreme Court opinion, Coffin v. United States, our highest court chronicled the origins of the concepts of "presumption of innnocence" and "proof of guilt beyond a reasonable doubt." In part the Court said, "The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law." The Coffin decision did not leave the matter there, but expounded upon the roots of the principle.

In an historical context, it was said there that the concept of the presumption of innocence could be traced to its earliest mention in the Old Testament, predating by several hundred years the life of Pilate. Even before the Romans, writings of the Spartans and Athenians evidence its adoption by the Hellenic peoples. But it is the Romans who have left us the greater evidence of its application in their society. As Mr. Justice White noted in Coffin:

"Ammianus Marcellinus relates an anecdote of the Emperor Julian which illustrates the enforcement of this principle in the Roman law. Numerius, the governor of Narbonensis [a Roman province on the border between Italy and France], was on trial before the emperor, and, contrary to the usage in criminal cases, the trial was public. Numerius contented himself with denying his guilt, and there was not sufficient proof against him.

His adversary, Delphidius, ‘a passionate man,’ seeing that the failure of the accusation was inevitable, could not restrain himself, and exclaimed, ‘Oh, illustrious Caesar! if it is sufficient to deny, what hereafter will become of the guilty?’ to which Julian replied, ‘If it suffices to accuse, what will become of the innocent?’ Rerum Gestarum, lib. 18, c. 1."

Thereafter, the Romans spread the concept among the territories it occupied, including England. There are many references in the Common Law treatises going back to the early 19th century, but the most well-known appears in Blackstone's Commentaries on the common law: "Tthe law holds that it is better that ten guilty persons escape than that one innocent suffer." 2 Bl. Comm. c. 27, marg. p. 358, ad finem.

Our English forebears did not abandon the principle, but clung to it in the administration of the law in Virginia and in other colonies, and in our state and federal systems thereafter. But how does it work?

The example cited above, relating to Numerius and Delphidius, is a good one because it encompasses all the elements. The accused, Numerius, had only to deny the charge against him, and the burden fell to his accuser, Delphidius, to produce evidence (i.e., facts) to prove Numerius guilty of the charge.

Illegal Immigrant Gets 10 Years for Killing Two With Truck While Drunk

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7155 — Tue, 09 Dec 2008 08:00:00 EST

Believe you have enough Uninsured/Underinsured Motorist insurance on your auto policy to take care of your family if the worst happens to you, and the other driver has minimal or no liability coverage. Consider this unfortunate situation before you think, "Yes."

An illegal immigrant was sentenced December 9th to 10 years in prison for killing two people when he wrecked a truck while driving drunk in South Richmond.

After Richmond City prosecutors agreed to drop felony leaving the scene of an accident and DUI charges against the Mexican national, Carmen Alejandro Garcia-Hernandez, 30, pleaded guilty on October 9 to two counts of aggravated involuntary manslaughter in the deaths of Kathryn L. Jones, 44, and Joseph Owens, 40. The victims were standing between two parked cars outside a residence following a housewarming party last May when a truck operated by Garcia-Hernandez left the roadway and struck one parked car, crushing Jones and Owens between it and another parked car. His BAC two hours after the crash was more than twice the legal limit.

Richmond Circuit Court Judge Bradley B. Cavedo sentenced Garcia-Hernandez to 10 years on each of the manslaughter counts, with five years suspended on each. Garcia-Hernandez's attorney reported federal immigration authorities have notified Virginia officials of their intent to take Garcia-Hernandez into custody and likely deport him to Mexico once his state prison term is finished.

Appeals Court Reverses Child Suport Reduction

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7154 — Tue, 09 Dec 2008 08:00:00 EST

A Stafford County father lost his petition to reduce the amount of his child support obligation due to a material change in circumstances when the Court of Appeals reversed the circuit court decision reducing the amount of support he had to pay under a 2004 order. The Court of Appeals rejected the father's assertions that the improved health of the children, coupled with his former wife's ability to obtain employment and his starting a new family justified a reduction in his support obligation because these constituted material changes in circumstance justifying amendment of the prior order.

The Court of Appeals held that absent proof that the child's mother was able to work, the mere allegation of the father was by itself insufficient to establish a material changeon that basis. So too, the father presented no evidence as to the amount of the increased living costs he claimed as a result of fathering a fourth child with his girlfriend. The court reasonaed that simply fathering a child is not sufficient proof of a material change in circumstances.

Officer's Threat to Have Drug-Sniffing Dog Called to Scene of Traffic Stop Voids Drug Possession Conviction

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7149 — Tue, 09 Dec 2008 08:00:00 EST

On August 5th, the Virginia Court of Appeals rejected the claims of the Commonwealth that police officers had not “seized” the defendant when they told him they were going to get a drug-sniffing dog to “go over his car” unless he gave permission for them to search it. In Middlebrook v. Commonwealth, the issue before the court was whether that statement to Middlebrook, which prompted his admission he had marijuana in the car, arose from a consensual encounter or not. The trial court found that the encounter was consensual, and that the admission was voluntary.

The Court of Appeals disagreed and threw out Middlebrook’s conviction because the officers lacked any legal basis to detain him, other than their unformulated suspicion’s that he might be selling drugs. And, the court held, after the officer told him that he was going to call the dog to the scene, “no reasonable person would have felt free to leave.”

Was Your Breathalyzer Test Properly Administered?

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7148 — Tue, 09 Dec 2008 08:00:00 EST

Eleven Ohio policemen were fired for lying, and as a result of their actions, authorities expect to have to reverse convictions obtained in many of the cases the officers handled. An internal investigation by an Ohio city's police department disclosed that the policemen had not met the qualifications to administer breathalyzer tests in DUI/DWI cases because they had cheated on the examinations. The lack of proper certification taints the test results as reliable evidence. Although all the DUI cases they handled will have to be reviewed (and likely, dismissed), no exact number of affected cases was available.

Supreme Court Declines to Decide Civil Union Child Custody Case

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7146 — Tue, 09 Dec 2008 08:00:00 EST

On December 8th, the United States Supreme Court declined to hear the case of Miller-Jenkins v. Miller-Jenkins, a child custody battle between Lisa Miller, formerly of Winchester, and Janet Jenkins, of Fairhaven, Vermont, which has been in the Virginia court system for several years.

Lisa Miller and Janet Jenkins were partners in a civil union legally recognized in Vermont, and have been battling in the courts of both states for several years for custody of and visitation with Miller's biological daughter, Isabella. Miller became pregnant by artificial insemination and the child was born after the two moved back to Virginia from Vermont, which had declared both women to be the child's parents.

Thereafter, a Vermont court awarded Janet Jenkins visitation with the child. She successfully registered the Vermont visitation order in the appropriate Virginia Juvenile & Domestic Relations District Court, and Lisa Miller appealed that registration to the circuit court. The circuit court reversed the registration order. Jenkins appealed.

The Virginia Court of Appeals reversed, holding that the Virginia circuit court did not have jurisdiction over the visitation issue because of the Vermont visitation order already in place, and legally registered in Virginia. The Virginia Supreme Court affirmed that decision. By declining to accept the appeal, the Vermont Supreme Court order on visitation remains in effect, though Miller retains custody of the child.

Termination of Father's Parental Rights Justified by Prior Violent Conduct

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7129 — Mon, 08 Dec 2008 08:00:00 EST

Termination of one's parental rights is an exteme measure, but Virginia judges are empowered to take such extreme measures in completely severing a parent's relationship with his or her child in certain instances. In November 2008, the Virginia Court of Appeals upheld the ruling of the Bristol Circuit Court terminating the father's parental rights based upon his history of domestic violence against the children's mother. The trial court's decision was based -- as it should be -- on what is in the best interests of the children. In this case, the father was in prison for assaulting the child's mother, the children were in foster care, and the court believed it in the children's best interests to remain in foster care rather than be exposed to the violent tendencies the father had already exhibited upon his release.

Lost Will Means Trouble

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7116 — Mon, 08 Dec 2008 08:00:00 EST

Don't make this mistake: hide your Last Will and Testament.

Many times I have had people call me to say their parent, spouse or relative died, and ".. we can't find the Will!" Why go to the bother of planning how you desire your estate to pass, and then go through the process of designating gifts to various family members, institutions, or friends in you WIll, only to have your estate pass through the intestacy laws because no one can find the original of your Will?

Under Virginia law, even a copy of a will may not pass probate muster. The law presumes a lost Will has been destroyed by the testator, and proof to the contrary has to be established by "clear and convincing evidence."

Therefore, once you have exectued your Last Will and Testament, place the original someplace secure, but accessible by a spouse, child, or trusted friend. A safety deposit box at your bank is always a good place to secure your valuables.

Adultery and Alimony

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)7054 — Fri, 05 Dec 2008 08:00:00 EST

When the admission of an affair by both the husband and his paramour were substantiated by a private investigator, the wife is entitled to a divorce on grounds of adultery even though the suit was filed on "no fault" grounds. Here, the trial court ruled that the law does not discriminate in time of occurrence so long as the parties are legally married when it occurs. Bushkar v. Bushkar, No. CH02-344, June 24, 2005

Healthy Richmond Dining During the Holidays

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)6977 — Wed, 03 Dec 2008 08:00:00 EST

Everyone overeats in November (Thanksgiving) and December (Christmas party season). It just CAN'T be avoided by 'most everybody. I watch my waistline by eating at the Mekong Restaurant. Lots of vegetables in their dishes, little (or none) fatty oils used in the preparation, and most dishes consist of healthier (and lower calorie) "meats" such chicken, pork, and seafood. This place has long been a favortie for lovers of authentic Vietnamese cooking. The food is satisfying to the palate, filling to stomach, and easy on the pocketbook. Check it out at www.Mekong-Restaurant.com.

Internet Financial Scams on the Rise

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)6591 — Wed, 26 Nov 2008 08:00:00 EST

Recently, the following information was posted on WalletPop.com, courtesy of financial planners Ken and Daria Dolan. The scam-sharks are in the water in greater numbers now, thanks to the Internet. You should be aware of this timely information.

Financial Crisis Phishing Scams

According to the Federal Trade Commission, there is a new round of e-mail scams out there that are tied to the financial crisis. Many of these e-mails "phish" for personal information -- your Social Security number, account numbers, passwords, etc. The scammer then uses that info to steal your identity. Proceed with extreme caution if you get an e-mail that purports to be from your mortgage company, a government agency, or other official institution. If the e-mail is requesting ANY personal information, you know it's a scam. No government or reputable financial institution will ask you to share confidential information in an e-mail.

Banking Crisis Scams

The banking crisis is presenting scammers with another golden opportunity. We're hearing numerous complaints about official-looking e-mails that claim to be from a bank or from the FDIC (Federal Deposit Insurance Corporation). These e-mails prey on your fears, claiming your bank is in trouble or that money has been stolen from your account. Most ask for your personal information, which they then use to steal your identity or illegally access your account. If you receive an e-mail from your bank requesting any personal information, contact your bank immediately and do not respond to the e-mail.

Virginia Auto Accident Victims: Protecting Yourself From Financial Hardship

tjsbmt@aol.com; tony@stellyvirginialaw.com (Blog Author)6550 — Tue, 25 Nov 2008 08:00:00 EST

Travel on Virginia highways and interstates is usually safe, but occasionally there are accidents. Serious accidents occur regularly on I-95, I-295 and I-64 resulting in fatalities and serious injuries. Many times drivers causing these accidents do not have insurance, or do not have enough insurance coverage to satisfy a judgment the injured parties may later bring. Virginia personal injury attorney Tony Stelly explains ways you can protect your family against financial hardships before you are injured in an auto accident by getting the right insurance in adequate amounts.

Former Henrico County Coach Sentenced in Sex Abuse Case

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12943 — Sun, 21 Feb 2010 08:00:00 EST

Former J.R. Tucker High School football coach William Macgregor "Mac" Leighton was sentenced by an Henrico County Circuit Judge to prison in connection with his prior guilty pleas to sexual conduct of two female students who were 15 and 17 years old at the time.

Leighton's conduct may have been "an extraordinary aberration," his past "impeccable," and like all teachers and coaches he may have been "overworked and underpaid," said Circuit Judge L.A. Harris Jr. But Leighton's role as a teacher and coach meant he "shared a special trust."

"What we have in this case is a blatant violation of that trust," Harris said.

The stern judge, gazing on the weeping former football coach, sentenced Leighton to 15 years in prison, suspending all but 21 months on three felony convictions of taking indecent liberties with the two Tucker students.

Missing Tech Student's Death Ruled Homicide

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12602 — Wed, 03 Feb 2010 08:00:00 EST

The chief medical examiner's office in Virginia has determined that Morgan Harrington's death was a homicide.

The office said yesterday that it has no further information on how the 20-year-old Virginia Tech student was killed.

Harrington disappeared Oct. 17 from a Metallica concert she was attending at the University of Virginia. Her remains were found Jan. 26 on an Albemarle County farm about 10 miles south of where she was last seen.

In the months after her disappearance, hundreds of volunteers and law enforcement officials searched the surrounding area. Investigators said they had not searched the hayfield where the remains were found by the property owner.

Stepfather Charged in Shooting Death of Chesterfield Teen

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12603 — Wed, 03 Feb 2010 08:00:00 EST

A Chesterfield County man charged early yesterday in the fatal shooting of his stepson during a family dispute had been involved in a confrontation with the teen last year, police said.

Peter Simpson, 55, was charged with second-degree murder in the slaying of Devon Mason, 19.

Police said the teen was shot when he tried to separate his mother from her husband, Simpson, during a clash inside the family's home.

Chesterfield police Capt. Terry Patterson said the gun belonged to Simpson.

The family lives in the 7800 block of Flag Tail Drive in the Triple Crown subdivision off Hull Street Road, a short distance from Clover Hill High School. Mason was a 2008 graduate of Manchester High School, a school spokesman confirmed.

Last spring, police were called to the home for an altercation between Simpson and Mason, but "apparently whatever took place was mutual" and neither was charged, Patterson said.

"There wasn't probable cause for the officers to arrest anyone," Patterson said. "So both were advised of the [legal] action they could take. Apparently neither chose to take any action against the other."

Patterson said Mason had lived in the home with his mother and Simpson for some time.

In addition to murder, Patterson was charged with felonious use of a firearm and domestic assault. He was to have been arraigned on those charges yesterday afternoon, but a mix-up caused the hearing to be postponed until this morning.

The killing was Chesterfield's first homicide of the year. The county ended 2009 with only two slayings, its lowest count since 1988.

Refusal to Perform FSTs Not "Consciousness of Guilt" in DUI Stop

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12303 — Fri, 22 Jan 2010 08:00:00 EST

The Virginia Court of Appeals ruled last year that refusal to perform Field Sobriety Tests (FSTs) was evidence of "consciousness of guilt," and therefore could be considered by the trial court in determining that the officer had probable cause to arrest for DUI. That is no longer the law in Virginia!

Last week the Virginia Supreme Court reversed that ruling of the Court of Appeals in the case. The Supreme Court said that one's refusal to perform FSTs --- which are voluntary, not mandatory --- when stopped for DUI is not "consciousness of guilt." Therefore, the Commonwealth may not use a refusal to perform FSTs in a DUI stop against the defendant to support probable cause for the arrest unless other factors (mentioned below) exist. The Supreme Court reasoned:

A refusal to submit to field sobriety tests ... can often be explained in terms of innocent human behavior. Unlike instances of flight, the use of a false name, or other acts of deception, a driver refusing to submit to a field sobriety test has not undertaken affirmative action to deceive or to evade the police. Moreover, there are numerous innocent reasons why a person may refuse to engage in tests that are not required by law, including that a person may be tired, may lack physical dexterity, may have a limited ability to speak the English language, or simply may be reluctant to submit to subjective assessments by a police officer. Therefore, we conclude that a defendant’s refusal to submit to field sobriety tests is not evidence of “consciousness of guilt,” and that the Court of Appeals erred in applying this principle in reviewing the evidence of probable cause in the present case.

However, if there are other indicia or facts that support probable cause --- odor of alcoholic beverages, slurred speech, glassy eyes, incoherence, confusion as to time and place, unsteadiness --- refusal to submit to FSTs can also be weighed into the probable cause determination.

Taco Loco -- Woman Stabs Husband to Death After Argument

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12271 — Tue, 19 Jan 2010 08:00:00 EST

Police said Emma Jaime stabbed her husband, Ramone Jaime, in the heart at their home on New Year's Day following an argument at mealtime over tacos. At her preliminary hearing on Friday, it was revealed that just before the stabbing, the couple had been arguing about tacos.

Prosecutors said Emma Jaime dumped soda on her husband's tacos and then ran upstairs. When Emma Jaime came down the stairs, she found Ramone Jaime washing dishes, and that is when she stabbed him, prosecutors said.

Both Raymond and Emma Jaime were correctional officers at Salinas Valley State Prison, and had been married for six months. They moved into their home two months ago.

Emma Jaime was ordered to stand trial on murder charges.

Four Virginia Teens Get 12 Years in Statutory Rape

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12216 — Fri, 15 Jan 2010 08:00:00 EST

Henrico Circuit Judge Gary A. Hicks sentenced four teenagers to the same prison terms yesterday -- 12 years with all but two years suspended -- in connection with an incident last February in which a 12-year-old had sex with each of them. At the time of the incident, the defendants were 17 and 18 years old.

The Assistant Henrico Commonwealth's Attorney trying the case had asked for sentences exceeding the high end of Virginia Sentencing Guidelines of about 15 years in prison, but declined comment about the victim after a 90-minute hearing yesterday that took place in a courtroom filled with families of the defendants but not the victim.

Evidence in the case showed that during a party Feb. 8, a shed was outfitted with a mattress and sheets behind one defendant's home. The sexual acts occurred there, as each of the four teens had intercourse with the girl. There was no testimony yesterday that the girl objected to her involvement with the defendants. Virginia law presumes that a child younger than 13 does not have the mental capacity to consensually engage in sexual activity.

Judge Hicks gave no explanation of his decision regarding the sentences imposed yesterday, which will require each of the teenagers to register as sexual offenders; the low end of sentencing guidelines for an active sentence was generally in the four-year range.

The sentences prompted a relative of one of the defendants to burst out cursing as he left the courtroom, prompting Hicks to recall the man and sentence him to 10 days in jail for contempt.

He was handcuffed and taken to jail.

Louisa County Investigation Continues in Death of VCU Student

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12097 — Thu, 07 Jan 2010 08:00:00 EST

Louisa County Investigators are calling Kristan Charlene Fox's death suspicious as they continue an investigation into her death but say it doesn't appear to be a homicide. They are awaiting toxicology testing and trying to establish a timeline of her movements from phone records and video surveillance in the Zion Crossroads area.

Fox, a doctoral candidate at VCU, also taught an introductory course in criminal justice at VCU, was pronounced dead about 5:40 p.m. New Year's Eve at Martha Jefferson Hospital in Charlottesville.

Two men who knew Fox took her to the hospital the previous day, arriving shortly before 1 a.m., said Louisa sheriff's Detective Jeff Sims.

The two men told hospital employees they found Fox lying behind a McDonald's restaurant at 11445 James Madison Highway off Interstate 64 near Zion Crossroads (exit 136). The men also say they picked Fox up there after she called and asked them to do so, Sims said.

"We just have to see if that's really what happened," Sims said.

Sims added that Fox was seen in the Richmond area the evening of Dec. 29, the day before she turned up at the hospital.

Sims said Fox's body had no outward signs of trauma.

DUI & Manslaughter Charges Filed in I-295 Fatal Crash

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12098 — Thu, 07 Jan 2010 08:00:00 EST

A New Kent County teenage man who authorities say triggered a fatal crash last week by driving the wrong way on Interstate 295, killing a man and injuring his daughter, was charged yesterday with involuntary manslaughter and drunken driving, state police said.

Nicholas R. Sickal, 19, of Barhamsville was arrested yesterday morning and also charged with maiming, said Sgt. Thomas Molnar, a state police spokesman. He was released on a $5,000 personal recognizance bond pending a hearing Jan. 14 in Hanover County General District Court.

Sickal is accused of driving south in the northbound lanes of I-295 when he collided head-on with a 1992 Cadillac DeVille being driven by William E. Goode Jr., 51, of Norfolk. The wreck occurred about 11:40 p.m. Dec. 30 about a quarter-mile south of the Pole Green Road interchange.

A witness told state police that Sickal had been traveling north on I-295 when he pulled over to the left shoulder, stopped his 1999 Dodge Ram pickup truck and then made a U-turn to head south in the northbound lanes, Molnar said. Police provided no explanation for his actions but noted that he was charged with driving under the influence.

Goode died at the scene; his 8-year-old daughter, Alysha, was seriously injured but survived. She has since been released from the hospital.

Goode was taking Alysha to Charlottesville to visit her adult sister, Misty Goode, when the wreck occurred, according to Goode’s sister-in-law, Carmen Ramage of Virginia Beach.

Felon in Possession of Firearm Conviction Results in 15 Year Federal Prison Sentence

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12077 — Tue, 05 Jan 2010 08:00:00 EST

Federal prosecutors are waging war against convicted felons who are found in possession of firearms. AUnder federal and Virginia law, a person convicted of a felony is barred from possessing any firearm -- whether it be a rifle, shotgun or pistol. The penalties for violation of the law are harsh. This recent case illustrates how tough they can be.

Thurman Wyatt, 30, of Madison, Wis., was sentenced this month by Wisconsin U.S. District Judge Barbara B. Crabb to 188 months in federal prison for unlawful possession of a firearm by a felon. Wyatt pleaded guilty to this charge on November 5, 2009.

On May 4, 2009, Wyatt and co-conspirator Reginald Ballard went to the Capitol Bank in Verona, Wis. Ballard went into the bank, robbed it at gunpoint and was arrested outside of the bank after a standoff with police officers.

Wyatt was found in a car near the scene. In an interview with law enforcement agents, Wyatt admitted to possessing a firearm and giving it to Ballard before the bank robbery.

During the sentencing hearing, Judge Crabb stated that Wyatt was a danger to the community and a lengthy sentence was necessary to protect the public.

United States Attorney Sinnott praised the efforts of the bank employees and law enforcement agents involved in this investigation.

Reginald Ballard was sentenced by Judge Crabb on October 28, 2009 to 11 years in prison for the bank robbery.

Man Pleads Guilty to Ponzi Scheme

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12078 — Tue, 05 Jan 2010 08:00:00 EST

A "Ponzi" or "Pyramid" scheme is one that entices people to "invest" in a financial venture with expectations or promises of higher returns than the amount invested. In reality, those returns are funded by contributions made by recent investors.

When the pool of investors is less than necessary to pay off the earlier investors, the scheme usually crumbles because more money is going out than coming in and people who invested later, lose their money instead of making more of it.

This is what has happened to Social Security for instance, and that is why you read and hear on the news that Social Secutrity is -- or will soon be -- BROKE.

Although the federal government runs the world's largest Ponzi game -- Social Security -- for good reason it is illegal in every state for private citizens to operate one. It is a violation of federal fraud laws to run a Ponzi or Pyramid scheme by mail or telecommunication, or across state lines. This is what happened to a South Carolina man who undertook to make a buck like the guys in Washington do.

Oren Eugene Sullivan, age 63, of Rock Hill, South Carolina, pled guilty in federal court to mail fraud in connection with his operation of a Ponzi scheme. Senior United States District Judge Matthew J. Perry accepted the plea and will sentence Sullivan at a later date.

Sullivan admitted that from 1995 through 2008, he ran the Ponzi scheme in which he sold false investments to 35 different individuals or groups of investors. Sullivan told clients that he was managing their investment accounts, and paid small dividends to his investors. However, he was actually converting their invested money for his own use, and paying the dividends with money he received from new investors. Over the course of the scheme, Sullivan took in approximately $2.5 million dollars from unwitting investors.

Sullivan’s scheme was detected by an investor, who reported him to authorities.

The maximum penalty is a fine of $250,000 and imprisonment for 20 years.

This case was investigated by the Federal Bureau of Investigation.

Reckless Driving Among Charges Brought in Henrico Against Chesterfield Woman in Chase

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12059 — Mon, 04 Jan 2010 08:00:00 EST

A 22-year-old Chesterfield woman is facing multiple charges after a police chase and crash Saturday night in Henrico County.

Dorothy T. Richards of the 5400 block of Newby's Wood Trail is charged with driving on a suspended license, felony eluding police, reckless driving and leaving the scene of an accident, according to court records.

Richards appeared in Henrico General District Court this morning and will undergo a preliminary hearing January 26.

Richards was arrested Saturday night after she allegedly fled a police stop and crashed her car at the intersection of Staples Mill Road and West Broad Street, just inside the Richmond city limits. Police pursued her for about 1 ½ miles, beginning at Bremner Boulevard.

Texans Plead Not Guilty to Federal Drug Charge in Richmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12037 — Fri, 01 Jan 2010 08:00:00 EST

Two Texas residents accused of smuggling 3½ pounds of methamphetamine to the Richmond area in November pleaded not guilty in federal court today.

Wearing shackles and dark-blue jail jumpsuits and assisted by a Spanish-speaking interpreter, Hector Ceron-Garcia, 21, and Luz Diaz, 36, asked for a jury trial, which was set for Feb. 16 by U.S. Magistrate Judge M. Hannah Lauck.

The two were indicted Dec. 15 by a grand jury on charges of possession with the intent to distribute more than 500 grams of methamphetamine. If found guilty, the punishment would range from 10 years to life in prison.

Richmond Homicide Total for Year Hits 39 With Shooting Death in Gilpin Court

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12038 — Fri, 01 Jan 2010 08:00:00 EST

Richmond police today identified the victim in a shooting last night at the Gilpin Court public housing complex.

Police said Reginale N. Lee, 19, whose last known address is the 2300 block of Ambrose Street, was found dead in the 1000 block of St. James Street. His was the 39th homicide in Richmond in 2009.

At 10:19 p.m., officers patrolling the area heard a gunshot and found Lee within one minute, police said. He was pronounced dead at the scene.

Detectives are in the early stages of their investigation. Anyone with information is asked to call Crime Stoppers at 780-1000.

Wrong-Way Driver Involved in Fatal Crash on I-295 Near Richmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12043 — Fri, 01 Jan 2010 08:00:00 EST

Possible reckless driving charges may be filed against the survivor of a fatal crash on I-295 near Richmond.

Virginia State Police (VSP) say a wrong-way driver triggered a fatal crash on Interstate 295 in Hanover County late Wednesday night. A VSP spokesman said the crash occurred in I-295's northbound lanes just south of the Pole Green Road interchange at 11:40 p.m.

The police said William E. Goode Jr., 51, of Norfolk was driving northbound when his Cadillac sedan was struck by a southbound Dodge pickup truck driven by Nickolas R. Sickal, 19, of Barhamsville.

Mr. Goode was declared dead at the scene, and his 8 year old daughter was taken to VCU Medical Center in Richmond with serious injuries.

Mr. Sickal was taken to VCU Medical Center with injuries described as serious, but not life-threatening.

Man Gets 10 Years on Federal Drug Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12022 — Thu, 31 Dec 2009 08:00:00 EST

TERRENCE WILLIAMS, 40, of Thompson Street, Stratford, was sentenced in late December by United States District Judge Janet C. Hall in Bridgeport, Connecticut to 120 months of imprisonment, followed by five years of supervised release, for his participation in a Bridgeport-based narcotics trafficking ring.On November 5, 2009, WILLIAMS pleaded guilty to one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine.

According to court documents and statement made in court, from approximately January 2002 to February 2009, George Sanchez headed a large-scale cocaine and crack cocaine distribution ring operating in Bridgeport. Using the U.S. Mail and other shipping services, Sanchez had, on average, two kilograms of cocaine shipped from Puerto Rico to various residences in Bridgeport each week. The cocaine was wrapped and secreted inside electronic devices such as VCRs, clothing, and other items.Once the packages were received in Bridgeport, Sanchez and his associates would process some of the cocaine into crack cocaine, and package the cocaine and crack cocaine for distribution to other narcotics traffickers in the Bridgeport area.

Pro Footballer Charged With DUI in New Orleans

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12007 — Wed, 30 Dec 2009 08:00:00 EST

New Orleans Saints defensive end Bobby McCray will not be able to drive by himself for some time after being arrested early Tuesday for allegedly driving under the influence.

Under Louisiana law, any person suspected of driving drunk will automatically lose their license for 12 months if he refuses a breath test.

According to the New Orleans Police Department, the former Florida Gator and Jacksonville Jaguar was booked after being stopped near the westbound Interstate 10's Carrolton Avenue overpass about 4:30 a.m. for speeding.

McCray, listed 6-foot-6, 262 pounds reportedly refused to take a breath alcohol test.

The 28-year-old veteran, however, did not resist arrest.

McCray was later released Tuesday morning on his own recognizance and did not have to pay bail money, NOLA.com reported.

McCray inked a 5-year, $20 million contract with the Saints in 2008.

Prior to his arrest, McCray registered 10 tackles and 1.5 sacks this season.

Since breaking into the pros after being selected by the Jaguars in the 2004 draft, McCray has amassed 29.5 sacks.

Expect DUI Checkpoints and Stepped Up DUI Efforts This Weekend In Richmond Metropolitan Area

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12008 — Wed, 30 Dec 2009 08:00:00 EST

Richmonders, and those passing through central Virginia over the New Year's weekend, should not be surprised if they encounter a sobriety checkpoint or see more State Police Cars on the highways as state law enforcement agencies will step up efforts to nab suspected drunk drivers.

Consider the results of what California police did last week, making over 1400 DUI arrrests in Los Angeles County during a weeklong crackdown that ran through the holiday weekend, authorities said.

Between Dec. 18 and 26, there were 1,424 reported DUI arrests, according to the California Avoid program, a statewide law enforcement coalition of more than 40 counties. There were 1,416 arrests made during the same period last year.

“With all the Christmas parties and holiday office parties going on, a lot of people are out drinking and driving” said Wendy Soos, the local coordinator for Avoid. “It’s amazing how the stats go up around Christmas."

The crackdown will continue through the New Year’s holiday weekend, Soos said. In 2008, more than 400 arrests were made on New Year’s Eve and New Year's Day.

The California Highway Patrol(CHP), one of the coalition's partners, made more than 200 arrests for driving under the influence on Los Angeles County freeways this holiday weekend. Overall, the CHP made 236 DUI arrests in L.A. County this year.

In Orange County, the CHP made 22 DUI arrests. In San Diego County, the Highway Patrol made 38 DUI arrests.

Statewide, 16 people died in traffic accidents, the same as last year, according to the CHP.

Now, law enforcement is gearing up for another crackdown with New Year’s weekend ahead. Said Soos: “We just step up the DUI enforcement in order to save lives.”

4 Shot, 3 Killed in Detroit Residence

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12009 — Wed, 30 Dec 2009 08:00:00 EST

Detroit police say two gunmen opened fire at a house on the city's east side, killing three people and critically wounding a fourth.

Police spokesman John Roach said that no one was in custody. He says a 33-year-old man, a 35-year-old woman and another man were found dead Monday night, each of them shot in the head. Roach says a 37-year-old man who was shot several times called 911 about 9 p.m. and was able to give police some information.

He was in critical condition at a hospital.

No motive was announced, but many times police suspect drug transactions may be behind such shootings.

Postal Worker On Leave After Fatal Accident

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12017 — Wed, 30 Dec 2009 08:00:00 EST

Henrico County police are investigating a wreck in which a Glen Allen woman was killed after her car was struck by a U.S. Postal Service delivery truck on Christmas Eve.

The victim, Gurjit Rathore, 33, of the 4500 block of Moraticco Court, was pronounced dead at Henrico Doctors' Hospital after the 1:56 p.m. crash at Farmington Drive and Condover Road. She suffered neck and chest injuries, police said.

Police are investigating whether the postal service truck, driven by an on-duty worker, ran a stop sign before colliding with Rathore's 2001 Honda Accord. Rathore's three children were inside the family's car but apparently weren't injured.

The postal worker, who wasn't identified, has taken a personal leave from work, said Cathy Boule, a spokeswoman for the U.S. Postal Service in Richmond. Postal authorities will determine whether he will resume his mail route pending an internal investigation, she said.

"He was making deliveries at the time" of the crash, Boule said.

Henrico police Lt. Dirk Engels said the postal truck was traveling south on Condover Road and attempted to cross Farmington Drive from a stop sign when he struck Rathore's vehicle, which was heading west on Farmington.

The intersection "is controlled by a stop sign but that part of it is still under investigation," Engels said.

Engels said neither speed nor alcohol were factors in the crash. The state Medical Examiner's Office said Rathore died from a lacerated wound to her left lower neck.

No Bomb Found, But Anonymous Tip Leads to Trespassing Charge Against 22 Year Old in Richmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)12018 — Wed, 30 Dec 2009 08:00:00 EST

Richmond police filed a trespassing charge against a man apprehended last night at Bryan Park after police got a tip that he might be headed there with an explosive device.

Anthony Stanley, 22, of the 2200 block of Oakwood Lane in Henrico County, was charged with trespassing because he is accused of being in the park in North Richmond after it closed at sunset, said police spokeswoman Karla E. Peters.

No explosive device was found on Stanley or in the park, Peters said.

Authorities found Stanley shortly before 9 p.m. after a search involving about two dozen officers from three police agencies, police dogs and an airplane.

The incident stemmed from a tip Henrico County police received about 6:15 p.m. stating that a man had said he was planning to blow up something and that he might have a homemade bomb in his pocket, Henrico police said.

County authorities notified city police that the man might be at Bryan Park.

City and Henrico police and state police stationed themselves around Bryan Park and troopers patrolled nearby Interstates 95 and 64.

Stanley was taken into custody after he was found on the park's perimeter

Richmond Police Crack Down on Prostitution & Solicitation

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11975 — Tue, 29 Dec 2009 08:00:00 EST

Richmond police arrested 29 men and women on prostitution-related charges during four citywide sting operations this month, authorities said.

The charges included prostitution and solicitation of a prostitute.

"We're responding to complaints from city residents who live or work in the areas where prostitution occurs," Richmond police Maj. John Keohane said in a statement.

During the first operation Dec. 3, police arrested seven men in the 6500 block of Midlothian Turnpike. They ranged in age from 21 to 62.

Then, on Dec. 4, police arrested six women at several city locations, including Jefferson Davis Highway and on Fairfax and Fairmont avenues. They ranged in age from 27 to 45.

Five days later, police arrested 10 women at various locations, including Jefferson Davis Highway and on Chicago, Lamb, Castlewood and Fairfax avenues and Walmsley Boulevard. They were 20 to 47 years old.

On Dec. 19, police arrested six women at several city locations, including Chamberlayne Avenue, Old Brook Road, Nine Mile Road and Hull Street. They ranged in age from 26 to 55.

Drug Dealers Get Hefty Federal Prison Time

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11951 — Mon, 28 Dec 2009 08:00:00 EST

the FBI and Nora R. Dannehy, United States Attorney for the District of Connecticut, announced last week that three men involved in a Bridgeport-based narcotics trafficking ring have been sentenced to federal prison.

The charges stem from “Operation G-Force,” a joint law enforcement investigation into Bridgeport-area narcotics trafficking headed by the Federal Bureau of Investigation’s Safe Streets Task Force. The year-long investigation, which led to the indictment of more than 40 individuals, included the use of court-authorized wiretaps; controlled purchases of cocaine, crack, and heroin; and physical surveillance.

The investigation revealed that Malcolm White, also known as “Malc” and “X,” distributed heroin and crack cocaine out of the Marina Village housing complex in Bridgeport.

On December 22, WILBURT JORDAN, 41, of Bridgeport, was sentenced by Chief United States District Judge Alvin W. Thompson in Hartford to 110 months of imprisonment, followed by four years of supervised release. The investigation revealed that JORDAN supplied White with heroin, which he distributed to others.

On December 21, SAMMUEL BOLTON, 33, of Norwalk, was sentenced by Judge Thompson to 84 months of imprisonment, followed by four years of supervised release. BOLTON was a street-level dealer who received heroin from White.

On December 14, JUAN HERNANDEZ, also known as “Keyes,” 22, of Carleton Avenue, Bridgeport, was sentenced by Judge Thompson to 92 months of imprisonment, followed by four years of supervised release. HERNANDEZ also was a street-level dealer who received heroin from White.

JORDAN, BOLTON, and HERNANDEZ each previously pleaded guilty to one count of conspiracy to possess with intent to distribute 100 grams or more of heroin.

White has pleaded guilty to one count of conspiracy to possess with intent to distribute 50 grams of more of cocaine base (“crack cocaine”). He awaits sentencing.

This matter was investigated by members of the FBI Safe Streets Task Force, which is composed of federal agents and state and local officers from the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation Division, the Connecticut State Police Statewide Narcotics Task Force, and the Bridgeport, Stamford, Stratford, Fairfield, Trumbull and Norwalk Police Departments.

Home Invasions on Rise in Richmond?

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11934 — Sun, 27 Dec 2009 08:00:00 EST

Another home-invasion was reported in the Richmond area over the weekend. This time, with injuries to the occupants of the residence.

One man was shot and another was struck in the head with a gun after three robbers stormed a Chesterfield County home in the 2100 block of Bowlin Court, northeast of Pocoshock Boulevard and Hull Street Road early Saturday morning, the police said.

The intruders first knocked on the door about 1 a.m.and each wore dark clothes and obscured his face with a blue bandanna, said Chesterfield police Capt. Kevin Smith. When no one answered the door, they forced their way inside, Smith said. Two men inside the home barricaded themselves in a back room, but one of the robbers fired through the door, striking one victim in the shoulder, Smith said.

The robbers went into the room, and one of them struck the other victim with a gun, leaving a cut on his forehead, Smith said. They stole an undisclosed amount of money and left.

The gunshot victim was treated at VCU Medical Center and released. The assault victim also was treated for injuries described as not life-threatening, Smith said.

Man Charged With DUI While Operating Forklift

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11935 — Sun, 27 Dec 2009 08:00:00 EST

Fairbanks, Alaska police say 20-year-old David Stepp got the forklift from his work late Thursday in an attempt to free two pickups that were stuck in a ditch. Police arrived to find Stepp behind the wheel of the forklift, and both trucks still in the ditch.

According to police, Stepp and a friend both had blood-alcohol levels exceeding the legal limit.

Lt. Matt Soden says operating any motorized vehicle while drunk can lead to a DUI.

Besides the jail time, Stepp must pay a $1,500 fine.

Cops Caught in FBI Sting

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11937 — Sun, 27 Dec 2009 08:00:00 EST

Think all police officers are honet? Think again -- there are bad apples in every barrel.

The FBI St. Louis division announced Christian Brezill pleaded guilty to the theft of government property by stealing stolen merchandise after an arrest. According to court documents, Ronald Jackson and Christian Brezill were uniformed patrol officers assigned to work in the St. Louis Metropolitan Police Department’s Sixth District out of the North Patrol Division. They were responsible for collecting, preserving and inventorying evidence; interviewing witnesses; making lawful arrests; conducting lawful searches; and making truthful and accurate reports of their official activities.

Court documents and statements made in court during the plea hearing by Assistant U.S. Attorney Hal Goldsmith state that on July 27, 2009, Jackson was on duty when he received information from an individual that a woman identified in the court documents only as Jane Doe was in possession of electronics equipment stolen from the retailer Best Buy, and was in a vehicle on the parking lot of the Phillips 66 station at 5728 West Florissant Avenue.

Jackson agreed with the individual that he would find Jane Doe, seize the stolen electronics equipment from her vehicle, and split some of the stolen electronics equipment with that individual. Jackson then shared that information with Christian Brezill, who was also on duty and they both drove their police vehicles to the Phillips 66 station to meet Jane Doe. Jackson and Brezill did a computer check on Doe, discovered that she had outstanding minor traffic warrants, arrested her on those traffic warrants, and placed her handcuffed into Brezill’s police vehicle.

They searched the trunk of Doe’s vehicle and discovered brand new electronics equipment, in original boxes and in Best Buy store bags, including a Sony speaker system, a Phillips I-Pod docking system, speaker cable, a Wii gaming system, an X-Box gaming system, a Logitech computer speaker system, a Dell Inspiron laptop computer, and a Dynex LCD flat screen television. Jackson and Brezill removed all of the electronics equipment from Doe’s vehicle, and placed the items into the trunk of Brezell’s police vehicle.

They then conveyed Jane Doe to the North Patrol Division where she was booked on the outstanding minor traffic warrants. Doe was neither arrested nor charged relative to her possession of the electronics equipment. Jackson and Brezill failed to report to the St. Louis Metropolitan Police Department, either verbally or in writing, their seizure of the electronics equipment from Jane Doe’s vehicle.

After their work shift ended during the early morning hours of July 27, 2009, Jackson and Brezill met at a residential location and split up the seized electronics equipment between themselves. Jackson kept the Sony speaker system, the speaker cable, the X-Box gaming system, and the Dynex LCD flat screen television; he later gave the Sony speaker system and the speaker cable to the individual who had originally provided him the information regarding Jane Doe, and sold the Dynex LCD flat screen television to another individual for cash.

Brezill kept the Phillips I-Pod docking system, the Wii gaming system, the Logitech computer speaker system, and the Dell Inspiron laptop computer; he later sold the Phillips I-Pod docking system and the Logitech computer speaker system to an individual for cash.

Unbeknownst to Jackson and Brezill, Jane Doe was cooperating with federal law enforcement, and the electronics equipment seized from her and stolen by the defendants was the property of the United States of America.

Brezill, 25, St. Louis City, plead guilty to one felony count of theft of United States Property before United States District Judge Donald J. Stohr, who set sentencing for March 19, 2010.

Co-defendant Ronald Jackson, 58, St. Louis City, pleaded guilty last week to one felony count of theft of United States Property, and is scheduled for sentencing March 12, 2010.

Theft of United States Property carries a maximum penalty of 10 years and/or fines up to $250,000. Reap commended the work on the case by the Federal Bureau of Investigation and Assistant United States Attorney Hal Goldsmith, who is handling the case for the U.S. Attorney’s Office.

Virginia Agents Aid in Arrest and Conviction of California Man on Child Porn Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11938 — Sun, 27 Dec 2009 08:00:00 EST

The FBI Sacremento Division announced this week that NATHAN ALLEN, 27, of Citrus Heights, California, was sentenced today by Senior U.S. District Court Judge Lawrence K. Karlton, to 160 months in federal prison for possessing and transporting visual depictions of minors engaged in sexually explicit conduct.

This case was the product of an extensive investigation by the Calverton. Maryland; Cleveland, Ohio; Richmond, Virginia; and Sacramento offices of the FBI, and was undertaken as part of Project Safe Childhood (PSC). PSC is a United States Department of Justice initiative established to increase federal prosecutions of violent sexual predators of children and to reduce the number of Internet crimes against children including child pornography trafficking. As a part of PSC, the United States Attorney’s Office has teamed with state and local agencies and organizations to increase law enforcement presence on the Internet, and to educate the public about safe Internet use, thereby reducing the risk that children might fall prey to online sexual predators. For additional information on the PSC initiative, please go to www.projectsafechildhood.gov or call the United States Attorney’s Office for the Eastern District of California and ask to speak with the PSC coordinator.

According to court documents and Assistant United States Attorney Laurel D. White, who prosecuted the case, ALLEN pleaded guilty in September of this year to charges that he possessed and transported, on three separate occasions, child pornography. Evidence revealed that on those three occasions, undercover FBI agents from Maryland, Virginia and Ohio were allowed access to ALLEN’s computer and his shared collection of more than 54,000 images and videos of sexually explicit images of minors. Agents were then able to download sexually explicit images of children through the use of a file-sharing program ALLEN had installed on his computer.

A search warrant was ultimately obtained for ALLEN’s residence, and on February 10, 2009, agents searched his apartment. An on-site preview of his computer revealed a large collection of videos and images depicting minors engaged in sexually explicit conduct, including those downloaded by the three FBI agents on August 6th, November 25th and December 5th, 2008. A subsequent forensic analysis revealed more than 200,000 videos and images of child pornography, many of them depicting known and previously identified victims of child sexual abuse whose images were produced outside the state of California. When interviewed, ALLEN acknowledged distributing images of child pornography via the file sharing program he used and said he knew what he was doing was wrong.

In addition to his prison sentence, ALLEN was ordered to serve a 10-year term of supervised release upon his release from custody. He was also ordered to pay $7,500 in restitution to one of the victims depicted in the videos he possessed and made available to others. The defendant was also ordered to pay a $400 special assessment.

Five Cops Guilty of Federal Civil Rights Violation in Beating Death of Handcuffed Prisoner

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11940 — Sun, 27 Dec 2009 08:00:00 EST

The only people who break the law are criminals, and policemen. The former usually break any number of laws, while the latter do so while either forgetting or refusing to uphold the oaths they took to uphold the law. Occasionally -- but too often -- the results are tragic, as this report illustrates.

Two former San Juan, Puerto Rico, Municipal Police Officers, Elias Perocier Morales and Eliezer Rivera Gonzalez, were sentenced December last week in federal court for using excessive force that resulted in the death of Jose Antonio Rivera Robles, the Justice Department announced.

Perocier Morales received a sentence of 10 years in prison. Rivera Gonzalez received a sentence of six and a half years in prison.

Both Perocier Morales and Rivera Gonzalez pleaded guilty in June 2009. In the plea proceedings and court documents, Perocier Morales admitted that on July 20, 2003, in the course of arresting Rivera Robles, he punched his prisoner repeatedly in the face while Rivera Robles was handcuffed and incapable of defending himself. He also admitted to later kicking Rivera Robles hard when he appeared unconscious.

Rivera Gonzalez admitted to kicking Rivera Robles extremely hard when he was lying face down toward the ground, in no way posing a threat to anyone. Both men admitted that their actions, together with the actions of their fellow officers, resulted in Rivera Robles’s death.

On Aug. 13, 2009, three other officers were convicted, following trial, of civil rights violations arising out of the fatal assault, and one other officer was convicted of obstruction of justice related offenses in concealing facts. Vidal Maldonado, Juan Morales Rosado, Carlos Pagan Ferrer, and Jose Pacheco Cruz will be sentenced on their convictions at a later date.

“Every person has the right to expect that they will be safe when in the custody of law enforcement officers. Today’s sentence reflects the damage done to the public trust when law enforcement officers engage in such egregious misconduct,” Assistant Attorney General Thomas E. Perez said. “The Civil Rights Division will continue to aggressively prosecute officers who abuse their power in this manner.”

Special Agent Louis Rivera of the FBI’s San Juan Office investigated this matter. The case was prosecuted by Assistant U.S. Attorney Antonio Bazan, Special Litigation Counsel Gerard Hogan, and Trial Attorney Avner Shapiro of the Justice Department’s Civil Rights Division.

Richmond Bus Driver Found Guilty of Reckless Driving in Pedestrian Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11891 — Fri, 25 Dec 2009 08:00:00 EST

A former GRTC Transit System driver who fatally struck a pedestrian in downtown Richmond on Sept. 30 was convicted of reckless driving.

While driving a bus, Teresa L. Jones, 46, struck Loucendia Reed Lambert, 55, of Disputanta about 8 a.m. while Lambert was crossing North 14th Street. Jones was turning right onto 14th from East Franklin Street after being stopped at a red light.

"This was one of the most horrible days of my life. . . . I'd never experienced that type of pain before," Jones said yesterday in court.

Testimony during the 90-minute trial showed that the bus may have had a malfunctioning driver's seat, that Jones' vision may have been impaired in part because of the seat and that a passenger was talking to Jones as she drove.

"I looked both ways. . . . I did not see Ms. Lambert cross in front of me. I did not," Jones insisted. When the light turned green and Jones turned right on 14th Street, she heard a bump, and passengers told her it was a woman.

Mark Allen, a police detective who arrived at the scene, said Jones was "very upset, shaking, kind of panicky." Another detective said Lambert had walked 20 feet into the street on the crosswalk before she was hit.

Her body came to rest 18 feet away. A shoe, some food and her purse were on the pavement where she was struck.

GRTC bus driver Darwin Henry testified for the defense that two days before the fatality, he was driving the same bus and the seat collapsed to the floor. The incident did not cause an accident, but he had to be assisted getting out of the seat.

Henry, who suffered unspecified injuries, said he reported the seat problem and other problems with the same bus. He said that when he learned the bus involved in Lambert's death was the same bus, "I was shocked to see it was still out there."

A spokeswoman for GRTC said after the trial yesterday that she could not comment on Henry's testimony, except to say that drivers are required to inspect buses before using them each day and to report any problems.

Jones said she began driving the bus at 5:30 a.m. after inspecting it. She said she did not experience any problems with the seat until she was stopped at the red light on Franklin waiting to turn onto 14th, and it slowly began sinking as far down as it would go.

She said she was trying to adjust the seat and never saw Lambert cross in front of the bus, which could be seen in a video taken from a camera inside the bus. A bus camera also showed a passenger speaking to Jones.

Under cross-examination by Deputy Commonwealth's Attorney Collette McEachin, Jones conceded that she proceeded with the turn when the light turned green, instead of stopping and putting on her flashing lights, even though there was a problem with the seat and it was more difficult to see because she was sitting lower.

Lambert must have been in a blind spot and moved along in it as the bus moved, Jones told McEachin.

Richmond General District Judge Thomas O. Jones expressed sympathy for the victim and for Jones before finding Jones guilty and fining her $100. "It's one of the more tragic cases that I have tried in my 25 years on the bench," he said.

Teresa Jones had been facing a maximum fine of $2,500 and/or up to 12 months in jail. Her lawyer, John W. Luxton, said he did not know whether his client would appeal.

Lambert's family, which has filed a $10 million suit against GRTC, refused to comment after the trial. GRTC announced Jones' firing the day Lambert's family filed the suit in November.

Prisoner Exonerated Sues Lawyer for Excessive Fee

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11905 — Fri, 25 Dec 2009 08:00:00 EST

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DALLAS (AP) - A second wrongly convicted man freed by DNA evidence has sued his civil lawyer and an Innocence Project of Texas official in a dispute over attorney fees in DNA exoneration cases.

Patrick Waller, wrongly imprisoned from 1992-2008, says the attorneys want too large a chunk of the nearly $1.3 million he received for spending 16 years in prison. His lawsuit filed this week in Dallas is the second in a month as a formerly feel-good story about freedom and delayed justice devolves into a battle over turf and money.

Waller recently received a seven-figure lump sum under a new state compensation law that attorney Kevin Glasheen lobbied for on behalf of his 13 wrongly convicted clients.

Waller said he paid Glasheen $650,000 in fees, and Glasheen in turn will pay a $130,000 referral fee to Jeff Blackburn, the chief counsel for the Innocence Project of Texas.

Glasheen dismissed Waller's lawsuit as "a weak claim" Wednesday. Blackburn declined to comment, saying he hadn't yet seen the lawsuit.

Waller agrees Glasheen should be paid for his lobbying work, but contends he hired a lawyer, not a lobbyist. He also said he was shocked to learn of Blackburn's fee, even though Blackburn's group paid for a second round of DNA tests after an initial test pointed to Waller's innocence.

Waller had been convicted of aggravated robbery and aggravated kidnapping stemming from the 1992 abduction of a Dallas couple.

"Jeff Blackburn didn't refer me" to Glasheen, said Waller, 40. "I am not a free man because of Jeff Blackburn."

Waller credits his criminal attorney, Gary Udashen, as being chiefly responsible for freeing him. Udashen is receiving about $100,000 from Glasheen in the case, a fee which Waller said he does not oppose.

Glasheen's original plan was to file federal civil rights lawsuits for his wrongly convicted clients - a risky proposition because such suits can take years and have uncertain outcomes. He did so for several clients, but not Waller.

Glasheen then persuaded his 13 exoneree clients to withdraw their suits while he pursued a different strategy: lobbying the Texas Legislature to increase compensation.

It paid off for everyone. Texas went from paying the wrongly convicted $50,000 for each year of incarceration to $80,000 per year, plus a lifetime $80,000 annuity that varies based on life expectancy and other factors. The compensation package is the most generous in the nation.

Exonerees get paid more, and so does Glasheen. According to Waller's lawsuit, Glasheen would receive at least $8 million in fees from his clients - more than any individual exoneree.

"I mean, come on, man," Waller said. "He ended up with more money than any of us."

Glasheen said all his clients agreed to his fee in writing, including Waller and Steven Phillips, the other wrongly convicted exoneree suing the attorneys. He added that he shouldn't be punished for finding a quicker solution to getting his clients paid.

"We were committed to take these all the way through to trial and appeal if need be," Glasheen said. "That we found a better solution than litigation isn't something we ought to be criticized for doing."

Other exonerees, such as Johnnie Lindsey, who was freed in September 2008 after nearly 26 years in prison, elected not to sign with Glasheen, preferring to collect his compensation without having to pay attorney fees.

Blackburn and Glasheen say the lawsuits are part of a turf battle among Texas innocence groups. They point out that the wife of Randy Turner, the lawyer representing Waller and Phillips, resigned from the Innocence Project of Texas board. She is dean of students at Texas Wesleyan's law school, which has its own innocence group.

Turner said in an e-mail that his wife resigned over a separate issue unrelated to "disapproval of the millions of dollars the lawyers were making."

Vince Nowak, Blackburn's attorney, framed the lawsuits as a "PR gimmick designed to undermine the work of the Innocence Project of Texas."

"Jeff and Kevin spent a lot of money changing a law to help these people and anyone who is going to be exonerated," Nowak said. "To file a lawsuit after an incredible result, it just floors me."

Plea Deal Made in Virginia Malicious Wounding Case

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11852 — Wed, 23 Dec 2009 08:00:00 EST

A Culpeper man pleaded guilty yesterday in Culpeper Circuit Court to using a flammable substance to set a woman on fire.

James E. Anderson, 45, accepted felony charges of maliciously causing bodily injury using a caustic substance, two counts of violating a protective order and one misdemeanor contributing to the delinquency of a minor.

Anderson, who is being held without bond in Culpeper County Jail, is scheduled for sentencing March 1.

The commonwealth's attorney's office will seek at least 2 1/2 years of jail time, in accordance with sentencing guidelines. Anderson must also have no contact with the victim for whatever period the court orders and must pay restitution and court costs.

Police say the incident began during the night of Aug. 10 when Anderson, the unidentified victim and her teenage daughter were riding in the victim's car on U.S. 29 near Brandy Station.

After being sprayed with some sort of flammable substance, the woman stopped and got out of the car. Police say Anderson then struck a match, causing the woman to catch fire. She was treated and released from the hospital.

Anderson then left the scene in the victim's car. He was arrested days later in Washington.

Authorities have not disclosed why Anderson and the victim were riding together, exactly what led to the confrontation or what type of flammable substance was used.

Commonwealth's Attorney Gary Close said his office consulted with the victim before entering the plea agreement, sparing the woman's daughter from having to testify in court.

Ohio Seeks Highway Shooter(s): Incidents Similar Virginia Sniper Shootings

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11853 — Wed, 23 Dec 2009 08:00:00 EST

BEREA, Ohio (AP) - A gunman appears to be targeting moving vehicles in a small patch of suburban Cleveland, hitting at least four cars in three shootings since mid-August, police said Tuesday. No one has been hurt.

All the shootings have happened on or near Prospect Street within a half-mile area in a residential neighborhood bordered by a park in the city of Berea. Investigators think the same person is responsible because the caliber of weapon is similar, police Lt. Gary Black said.

The latest shooting happened early Saturday just after midnight when the driver of an SUV found a bullet hole in a rear window near the roof.

Another driver, whose car was shot in August, said he found a bullet in his trunk after hearing what he thought was a firecracker.

"Had it been 20 inches higher, it would have been in the back of me," Randy Thatcher, of Strongsville, told The Associated Press. "I thought it was just a random thing until the second one happened."

Police have increased patrols in the area and talked with residents.

"Even if this person isn't trying to hit somebody, he could do so by accident," Black said.

The shootings have been centered around a street that cuts through the middle of Berea, a suburb home to Baldwin-Wallace College and the Cleveland Browns' practice facility.

Thatcher said he tries to avoid going down the street where his car was shot, but he can't always avoid it. "Everybody's pretty upset about it," he said.

Two of the shootings happened just after midnight, but the third one in October took place right around noon when two cars were hit along a park access road, police said.

It doesn't appear that the shooter is targeting any particular type of vehicle, Black said.

In 2006, Charles McCoy Jr. of Columbus was sentenced to 27 years in prison for shooting at cars and buildings on and around central Ohio highways in late 2003 and early 2004. One person hit in the shootings died.

An October 2002 shooting spree left 10 people dead and terrorized Maryland, Virginia and Washington, D.C., over a three-week period. John Allen Muhammad was executed in Virginia last month for killing a man at a gas station. His teenage accomplice, Lee Boyd Malvo, was sentenced to life in prison for one of the killings.

Delaware Pediatrician Faces Charges of Child Molestation

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11854 — Wed, 23 Dec 2009 08:00:00 EST

A Delaware pediatrician is accused of molesting at least 16 patients and police say he used video cameras to record some of the attacks.

Police said Tuesday they were searching for more victims. Dr. Earl B. Bradley was charged last week with sexually abusing nine girls. The 56-year-old pediatrician faces 29 charges, including rape, and is being held on $2.9 million bond.

Delaware police spokesman Sgt. Walter Newton says he doesn't not know if Bradley has an attorney.

An 18-page court document details the alleged acts in exam rooms with Disney themes such as Pinocchio. Documents also claim the doctor gave a treat to one of his alleged victims after the abuse.

The alleged crimes happened between August and this month.

Chicken a la Coke Not on Christmas Menu for Gautemalan Arrested for Cocaine Smuggling in Virginia

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11859 — Wed, 23 Dec 2009 08:00:00 EST

This is a recipe you likely will not see on the Foodtv network! The "chef" is in the Loudon County Jail awaiting trial on charges of cocaine smuggling which, at last report, does not have television studio equipment.

Customs inspectors at Dulles International Airport say a man from Guatemala was detained after he tried to carry a cooked chicken stuffed with more than $4,000 worth of cocaine.

Customs and Border Protection spokesman Steve Sapp says agents decided the fully cooked chicken that 32-year-old Wagner Mauricio Linares Aragon brought with him on a flight Saturday from El Salvador warranted closer inspection.

Inside the chicken's cavity they say they found two small, clear bags that contained about 60 grams – about 2.3 ounces – of powder cocaine.

Linares Aragon is being held awaiting trial on felony drug charges in Loudoun County.

Federal and State Law Enforcement Efforts Target Virginia Drug Dealers

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11860 — Wed, 23 Dec 2009 08:00:00 EST

Nine individuals were arrested in October on cocaine trafficking charges as part of an ongoing investigation of cocaine dealers working in and around Springfield, Va. Two subjects were already in custody for unrelated state charges.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Joseph Persichini Jr., Assistant Director in Charge of the FBI Washington Field Office; and Colonel David Rohrer, Fairfax County Chief of Police, made the announcement after the criminal complaint was unsealed and the defendants were arrested.

"Combating illegal drugs has been—and will remain—a high priority for the U.S. Attorney´s office," said U.S. Attorney MacBride. "The arrests today could not have been possible without the seamless coordination of our local and federal partners. Everyone involved in this operation had one goal—gather the evidence necessary to get as many drug traffickers off our streets as possible."

"Today´s arrests demonstrate the need to collaborate regionally in a multijurisdictional effort to stop the illegal importation of drugs to the national capital region," said Mr. Persichini. "I would like to particularly commend the Fairfax County Police Department and their dedicated investigators and analysts for bringing this to the forefront and garnering these arrests."

"My investigators began this case over a year ago, and I´m very proud of the diligence and tireless efforts my men and women and all of our federal partners put into this international operation," said Chief Rohrer. "This case demonstrates how the partnership we have with the FBI Washington Field Office and the United States Attorney for the Eastern District of Virginia enables us to investigate criminal enterprises that stretch far beyond the boundaries of Fairfax County. Taking suspected drug traffickers off the streets is extremely satisfying."

According to the affidavit, an undercover detective with the Fairfax County Police Department began purchasing cocaine in the summer of 2008, from individuals in the Springfield, Va., area. The conspirators allegedly met on numerous occasions with the undercover officer and with each other at various locations, including area restaurants, businesses and convenience stores.

Through audio and video surveillance, the conspirators were recorded allegedly setting up drug sales, negotiating prices and complaining about cocaine amount and quality. According to the affidavit, at an earlier time in the investigation authorities conducted search warrants at residences allegedly tied to the conspirators and found cocaine, firearms, several mobile telephones and thousands of dollars in cash.

Reggae Superstar Buju Banton Facing Federal Cocaine Charges in Florida

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11861 — Wed, 23 Dec 2009 08:00:00 EST

International reggae superstar Buju Banton is facing the fight of his life with the revelation that United States drug enforcement agents have recordings of his participation in a cocaine deal. Buju has been arrested on charges of dealing in illegal drugs and could spend more than 20 years in a federal prison in the US if he is found guilty.

"I think that if he is intelligent and he approaches the case properly, he could get a result that would not end his career, and that would put him in a position where he might be able, in a relatively short period of time, to come out," his attorney, Miami University Law Professor and Criminal Defense lawyer David Rowe told The (Jamaica) Gleaner newspaper on December 13th.

The veteran attorney was responding to the affidavit made public yesterday by the United States Drug Enforcement Agency (DEA).

In the affidavit, the DEA alleges that Banton, whose real name is Mark Myrie, and two others "knowingly and wilfully conspire and agree with each other and with others unknown to possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine".

Rowe, who was among the first persons to view the affidavit, argued that the allegations, which are reportedly supported by audio and video recordings, show that Buju and his co-accused will have a hard fight.

"This is a very tight affidavit. However, that does not mean that there may not be information that may arise at a later stage which might factually challenge some of the claims that have been made," Rowe said.

"I expect them to tender the affidavit before a federal grand jury and obtain a grand jury indictment eventually, but this is not good news for Buju Banton and his fans, because it appears he will have to explain a number of factual issues."

According to DEA Special Agent Daniel McCaffery, on December 8, law-enforcement agents received information from a confidential source that Buju and his associates were in the Sarasota area of Tampa, Florida, and wanted to purchase several kilograms of cocaine.

It is further alleged that Buju agreed to meet with the unnamed confidential source who was outfitted with audio and video-recording equipment.

McCaffery said Buju and one of his co-defendants, Ian Thomas, met the source at a restaurant before travelling to a second restaurant where they were shown a quantity of cocaine.

"After viewing the cocaine, Myrie (who allegedly used his tongue to test the cocaine) and Thomas continued to negotiate with the confidential source for them to obtain multiple kilograms of cocaine," McCaffery said in his affidavit.

According to the DEA agent, the next day, Thomas contacted the confidential source and continued negotiations to obtain 15 kilograms of cocaine.

On December 10, Thomas and another accused, James Mack, travelled to a facility where they allegedly presented a large quantity of money and were given a bag containing seven kilograms of cocaine.

At that time, they were arrested by law-enforcement agents and a handgun was reportedly found in a secret compartment of the vehicle they were driving.

DEA agents subsequently arrested Buju, who was not at the scene at the time the drug deal was being completed.

However, Rowe told The Gleaner that absence was not enough to save Buju.

"He could enter a plea and attempt to strike a deal while assuming that the DEA has the evidence that it says it has," said Rowe.

Long Prison Term, Probation for Supplier in Drug Overdose Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11823 — Tue, 22 Dec 2009 08:00:00 EST

Matthew Glenn Minster, 30, of Louisa County, was sentenced to prison for selling opiate pain-reliever patches to a young mother who later overdosed on them and died. According to court records, Minster was sentenced Friday to 10 years in prison, but most of that was suspended. He could have faced up to 50 years in prison. Minter received an active sentence of two years and six months Friday in Louisa Circuit Court, according to the court's records.

Minster previously pleaded guilty to distributing fentanyl patches. He was acquitted of felony murder of his housemate, 24-year-old Nicole Brockett, during a trial in October.

Brockett was found dead Dec. 26, 2007, in her Louisa home. Authorities have said she died of acute fentanyl poisoning.

Minster gave Brockett five fentanyl patches and told her she could pay him later, authorities have said. Instead of sticking them on her skin, Brockett cut some of them into pieces and ate them. Ingesting the patches, which are meant to release medication slowly through the skin, puts a lot of fentanyl into a person's system at once.

According to the U.S. Drug Enforcement Administration, fentanyl has similar biological effects to heroin but can be hundreds of times more potent.

He also will have to serve five years of supervised probation upon his release.

19 Year Old Sentenced to 126 Years for Drive-By Shooting Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11840 — Tue, 22 Dec 2009 08:00:00 EST

Danville resident Tremon Antonio Wimbush was sentenced to 126 years in prison by Danville Circuit Court Judge David Melesco for the fatal July 11 drive-by shooting of Latoya Hubbard and the injuring of another person. Melesco suspended 60 years, leaving Wimbush, who turns 20 next week, to serve 66 years in the penitentiary. A jury found Wimbush guilty last month of first-degree murder, malicious wounding and two felony weapons charges.

During an emotional sentencing hearing Monday morning, Frederick Ferguson, who was shot in the leg during the incident at 251 Ross St., said he has nerve damage, a rod in his leg, limited mobility and “a mild case of paranoia,” as a result.

Bullet fragments remain in his leg after several surgeries and he had two chunks of lead removed in September, Ferguson said. The shooting, which shattered a bone in his leg, left him hospitalized for five days and unable to run or jump, he said.

Relatives gave emotional testimony, fondly recalling Hubbard.

Tyquan Hubbard, 9, said: “She was the most important person in my life.”

She taught Tyquan, who is diabetic, how to give himself insulin shots and they watched movies and played together, he said. Tyquan implored everyone to “stop the killing and shooting.”

Older son Clifton Hubbard, 10, said: “She was like more than a friend to me. She was like someone I could talk to and hang with.”

“I think about her all the time,” he said.

Latoya Hubbard’s mother Kimberly Henry recalled getting the phone call about her daughter.

“That was the most traumatizing moment of my life,” Henry said.

Henry had strong words for Wimbush.

“No punishment will be extensive enough for the way and reason he took my daughter’s life,” she said, adding that Latoya was her only daughter, whose brothers looked up to her for advice.

During closing statements, Wimbush’s defense attorney, Andrea C. Long, said Wimbush didn’t realize he was the one who shot Hubbard until later because others were also firing shots. Wimbush has a brand new baby and will have to grow up without a father, Long said.

She asked Melesco to give a sentence on the lower end of the spectrum so “there will be light at the end of the tunnel.” Even the minimum sentence will put Wimbush in prison longer than he has been alive so far, she said. A smaller sentence will give him something to look forward to in prison so he can make something of himself, she said. He has completed a job-training program, she said.

“He’s goal-oriented,” Long said. “He’s dedicated to family and friends.”

Fuller said Wimbush remorselessly shot at a group of people who were sitting on the porch minding their own business on a hot summer night.

“It was a dastardly act in every respect,” Fuller said. “His greatest remorse is being locked up.’

“This type of case was not made for rehabilitation,” Fuller added. “He’s had all the chances for rehabilitation.”

Just before handing down the sentence, Judge Melesco cited the Book of Isaiah, saying a child will lead us and that maybe Tyquan was right when he said to stop the killing and shooting.

FBI Not Giving Up on 20 Year Old Murder Investigations

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11818 — Mon, 21 Dec 2009 08:00:00 EST

"The FBI does not quit!"

That is the essence of the message that went out from Norfolk's (Virginia) Special Agent in Charge this week. The SAC announced that the Bureau was doubling its reward for information in the murder cases that have gone unsolved since the late 1980s.

The Norfolk division is sending fingerprints and trace evidence from the murders for advanced scientific testing at its laboratory in Quantico, Bureau officials said at a news conference December 18th.

Alex J. Turner, special agent in charge of the Norfolk FBI office, said he could not promise when that blood and fiber evidence would be tested for DNA but said, "the FBI laboratory has committed to expediting the examinations."

SAC Turner said that on Thursday night he briefed the families who lost relatives on the Colonial Parkway in the late 1980s. Turner said he told the families:

- An analysis found fingerprints and trace evidence that could be useful to the case.

- Reports and statements have been digitized and agents will use "intelligence analysts" to help review the files.

- Despite the absence of concrete evidence linking the cases, agents still believe all eight murders are the work of a serial killer or killers

"That's the working theory," Turner said.

Bill Thomas, brother of Cathleen Thomas, said the conference call with Turner was wide-ranging and, in many ways, reassuring to families who had felt ignored by the agency for decades.

"After 20 years of neglect by the FBI, the Thomas family is pleased to see the investigation moving forward," Thomas said from Los Angeles. "We were pleased with the phone call. We feel like Special Agent Turner and his team are making this case a priority."

The FBI is asking anyone with information on these killings to call the Norfolk office at (757) 455-0100 or to email Colonial_Parkway_Murders@ic.fbi.gov

Richmond Man Gets 25 Years on Federal Cocaine, Firearms Conviction

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11775 — Sat, 19 Dec 2009 08:00:00 EST

Apparently not under suspicion until an acquaintance who was being followed by ATF agents was observed leaving his apartment -- and soon thereafter arrested with a large amount of cociane in possession -- a 31 Richmond man who was convicted of federal cocaine distribution and gun possession charges in September, was sentenced to 25 years in federal prison by a federal judge in RIchmond.

U.S. District Judge Henry E. Hudson sentenced Ronell Jones, who resided in Henrico County, to 300 months for conspiracy to distribute crack cocaine, possession with the intent to distribute crack cocaine, possession of a firearm in furtherance of a drug trafficking, and possession of a firearm by a felon.

According to the evidence presented, on June 8, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosive were following a suspect from the Charlottesville area who was believed to have committed a violent crime there.

The agents followed him to Henrico, where they saw him visit Jones' apartment. Shortly after leaving the apartment, the suspect was arrested while in possession of approximately 200 grams of crack cocaine.

As a result, Henrico police kept Jones' apartment under surveillance, and later stopped by police that night after leaving the apratrment in a car. A duffel bag he was carrying was searched, and police found more than 4 kilos of cocaine and $30,000 in cash inside, along with a gun.

A search of his apartment turned up items showing that Jones was involved in drug trafficking. The items included scales with drug residue on them, wrappers for kilograms of cocaine, an additional firearm, and utensils used in "cooking" cocaine into crack cocaine.

Oops! Don't Ship Marijuana by Mail

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11776 — Sat, 19 Dec 2009 08:00:00 EST

Police spokesmen in Northern Virginia announced the owner of a Woodbridge hair salon was arrested on drug possession and distribution charges after receiving a 10-pound package of marijuana in the mail.

Prince William police were notified by U.S. Postal officers that drug-sniffing dogs found the package during processing at a postal facility.

Quinette Quarles was arrested when the parcel was delivered to her Wednesday at Impressive Creations Salon. Police said a subsequent search of Quarles' home turned up three handguns, bands to wrap cash, a currency counter and agents used to dilute drugs. Also, cocaine was found in Quarles' car.

Quarles faces drug and firearms charges and is being held on $25,000 bond. She is scheduled to appear in court Feb. 1.

Man Exonerated for 1981 DC Rape Conviction - Released from Prison After DNA Tests

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11709 — Wed, 16 Dec 2009 08:00:00 EST

A man who spent 28 years behind bars for a rape and murder he said he didn't commit walked out of a federal prison in Arizona on Tuesday with $75 and a bus ticket to Ohio after DNA testing showed he was innocent.

The conviction of Donald Eugene Gates, 58, was based largely on the testimony of an FBI forensic analyst whose work later came under fire and a hair analysis technique that has been discredited.=

Assistant U.S. Attorney Joan Draper said she was unaware of the problems with Malone's testimony until the defense filed its motion this month seeking to have Gates' conviction thrown out.

Based on Malone's report, prosecutors had claimed hairs taken from Gates and hairs found on the victim were "microscopically indistinguishable."

Even leaving aside the allegations against Malone, the technique he relied on — microscopic hair analysis — has been discredited, Levick said. She cited a 2009 report by the National Research Council of the National Academy of Sciences that said there was "no scientific support" for using hair comparisons for identification.

Barry Scheck, co-director of the Innocence Project, said judges, as well as prosecutors, need to be informed when crime lab analyses are called into question.

"The important part of all these exoneration cases is to learn lessons from them," he said.

Gates asked for and got DNA testing in 1988. However, the DNA sample available at the time was insufficient to draw any conclusions with the technology then available.

Police Officers, Teens, Face Federal Indictments in Hate Crime Murder Cover-Up

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11711 — Wed, 16 Dec 2009 08:00:00 EST

Federal prosecutors charged three police officers in a racially tense Pennsylvania coal town with orchestrating a cover-up in the fatal beating of a Mexican immigrant by altering evidence or lying to the FBI in a case against two white high school football players.

A federal indictment announced Tuesday in Washington revealed close ties between the officers and defendants: One dated the mother of an accused player, and another had a son on the team.

The former athletes themselves, ages 18 and 19, are now charged with a federal hate crime in the beating death of Luis Ramirez in a park on a night in July 2008 as they headed home from a party.

State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that the attackers yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.

The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the suspects won acquittals on the most serious charges.

"This is what our family, friends, and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."

The indictments accuse 19-year-old Derrick Donchak and 18-year-old Brandon Piekarsky of a hate crime. Donchak is also accused of conspiring with police to cover up the crime and giving false statements to police.

They also accuse Police Chief Matthew Nestor, Lt. William Moyer and Officer Jason Hayes of conspiracy and falsifying documents "with the intent to impede, obstruct, and influence the investigation." Moyer is further accused of witness tampering, destroying evidence and lying to the FBI.

The police chief and his second-in-command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.

The officers all pleaded not guilty before a federal magistrate and will be held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22.

Hayes dated Piekarsky's mother, and Moyer's son played on the football team, according to the indictment, which alleges that the officers took actions on behalf of the teens, especially Piekarsky.

Nestor, Hayes and Moyer failed to record incriminating statements made by Piekarsky and wrote "false and misleading official reports ... that intentionally omitted information about the true nature of the assault and the investigation," the indictment said.

The teens gathered at Donchak's home shortly after the fight, the indictment said, and Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes — and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating.

Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.

Moyer allegedly advised another teen to get rid of the sneakers he wore during the fight. Hayes and Moyer also tried, in their reports, to "falsely exaggerate" the culpability of a teen identified in court papers as "Participant 2" and minimize Piekarsky's role, according to court papers.

A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.

Almost from the beginning, Nestor, one of the now-indicted officers, had tried to play down the notion that race was involved, telling The Associated Press the attack "wasn't racially motivated" and "looks like a street fight that went wrong."

If convicted on the hate crime charge, Piekarsky and Donchak face a maximum of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.

FBI Makes Medical Fraud Arrests in Three States

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11712 — Wed, 16 Dec 2009 08:00:00 EST

Federal agents arrested 26 suspects in three states Tuesday, including a doctor and nurses, in a major crackdown on Medicare fraud totaling $61 million in separate scams.

Arrests in Miami, Brooklyn and Detroit included a Florida doctor accused of running a $40 million home health care scheme that falsely listed patients as blind diabetics so that he could bill for twice-daily nurse visits.

The U.S. Department of Justice and U.S. Department of Health and Human Services said the total of 32 indicted suspects lined up bogus patients and otherwise billed Medicare for unnecessary medical equipment, physical therapy and HIV infusions.

Miami Dr. Fred Dweck, along with 14 people with whom he worked, was accused in an indictment of running a scam to tap a Medicare program that pays very high rates to care for the sickest patients.

Dweck referred about 1,279 Medicare beneficiaries for expensive and unnecessary home health and therapy services, bribing the owners of two Miami clinics to join the scam. He also faked medical certifications, according to the indictment.

A telephone listing for Dweck could not be found and it was unclear if he had a lawyer.

"No matter what type of fraud is committed, there is one common denominator and that denominator is greed," Assistant Attorney General Lanny Breuer said. "Medicare fraud is not a victimless crime. It hurts every American taxpayer by raising the cost of health care."

The raids come a week after a report that Miami-Dade County received more than half a billion dollars from Medicare in home health care payments intended for the sickest patients in 2008, which is more than the rest of the country combined.

"Get Money Green Brothers" Rappers "Got" in Richmond Federal Court on Cocaine Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11732 — Wed, 16 Dec 2009 08:00:00 EST

Three members of a Richmond, Virginia rap group "Get Money Green Brothers" have been sentenced in federal court for their roles in a large cocaine-distribution operation.

Christopher "Big Get It" Woolridge, 36, Natasha "P Get It" Payne, 28, and Terry "Little Get It" Battle, 31, all of Richmond, pleaded guilty to cocaine-distribution charges in connection with a four-year drug-trafficking conspiracy.

Government sources said the trio were responsible for the distribution of more than more than 110 pounds of cocaine during that time.

United States District Judge James R. Spencer sentenced Woolridge to 24+ years in prison, and Payne to 4+ years. Judge Spencer sentenced Battle to 9 years in prison.

The identity of the defense attorneys for these people was not disclosed in the media reports.

Handerchief Color Sparked Attack by Gang Members - Two Convicted of Malicious Wounding

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11668 — Thu, 10 Dec 2009 08:00:00 EST

Edward "Boonie" Johnson, a 17-year old Hampton resident, was found guilty Dec. 2 of maiming by mob and malicious wounding in the beating of two airmen at a McDonald's restaurant in February.

Although a juvenile at the time, Johnson was tried as an adult. He was the second person convicted in the McDonald's beating, which involved several people beating up the two airmen from Langley Air Force Base. Another person arrested in the beating was a 16-year-old juvenile who was sentenced as a serious offender and will remain in custody until he's 21.

Both victims were in their early 20s, with one suffering a broken nose and a broken cheekbone after getting stomped and kicked in the head, Holt said.

The incident, witnesses said, began over the color of the handkerchief one of the airmen had in his pocket. Colors of bandannas and handkerchiefs often are affiliated with certain street gangs.

Circuit Court Judge Christopher W. Hutton will sentence Johnson on Feb. 9.

Maiming and malicious wounding both carry a range of five years to 20 years. Aside from the two charges he was convicted of, Johnson was acquitted of gang participation and assault and battery by mob. Johnson has four other charges pending against him in a mob assault outside Club Atmosphere in Hampton. He faces a trial next month on charges of maiming, conspiracy, robbery and gang participation.

22 Arrests in Virginia Heroin Distribution Ring Made

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11671 — Thu, 10 Dec 2009 08:00:00 EST

Associated Press, December 10, 2009

Michael Vick’s uncle is among 22 people charged with participating in a drug ring that distributed hundreds of grams of heroin in eastern Virginia.

Authorities said today that 57-year-old Joseph Vick Jr. of Newport News is accused of being a midlevel distributor.

A spokeswoman for the U.S. attorney’s office confirmed that Joseph Vick is the uncle of Philadelphia Eagles quarterback Michael Vick, who was released from federal custody in July after serving 20 months for a dogfighting conspiracy.

U.S. Attorney Neil H. MacBride and FBI special agent Alex J. Turner announced today’s arrests after court documents were unsealed. It’s unclear whether Joseph Vick has retained a lawyer.

All 22 defendants are charged with conspiracy to distribute 100 grams or more of heroin. The maximum penalty if convicted is 40 years in prison.

According to court records, several fatal overdoses over the past two years were attributed to heroin distributed by the drug ring.

Rear End Collision Near Richmond Closes I95 South for Four Hours - One Dead

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11628 — Mon, 07 Dec 2009 08:00:00 EST

One person was killed and two were injured in a crash at Interstate 95's Southpark Boulevard interchange in Colonial Heights just south of Richmond this morning that prompted authorities to close a stretch of the southbound interstate for several hours.

Virginia State Police identified the victim as Mohammad H. Agha, 21, of Colonial Heights.

The three-vehicle wreck occurred just before 6 a.m. near mile marker 53, and southbound traffic quickly backed up several miles, well past the Temple Avenue interchange, exit 54.

At about 8 a.m., state police closed southbound I-95 at exit 58, the Walthall interchange, and began rerouting traffic onto U.S. 301. The area near the crash scene was reopened to traffic shortly after 10:30 a.m.

Molnar said Agha was driving a Lexus that rear-ended a Toyota Camry in the center lane, sending both vehicles into the concrete Jersey barrier separating the interstate's northbound and southbound lanes. After the Lexus hit the Jersey barrier, it went back into the center lane, where it was struck on its passenger door by a Lincoln, Molnar said.

Molnar said Agha was not wearing a seat belt.

Molnar said that in addition to Agha's death, one person was taken to VCU Medical Center and another to Southside Regional Medical Center, both with injuries that were not life-threatening.

Northbound I-95 traffic was not affected.

Richmond Councilman Pleads No Contest to DUI Charge

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11629 — Mon, 07 Dec 2009 08:00:00 EST

Even elcted officials are within the reach of the "long arm of the law."

On December 7, 2009, Richmond City Councilman E. Martin Jewell pleaded "no contest" to driving under the influence in October and apologized to his constituents. A "no contest" plea -- "nolo contendere" in Latin legalese -- is made when the defendant concedes that there is sufficient evidence to convict him, but does not admit guilt. In effect, the person has elected not to contest the charge.

"I was wrong to drink and drive. I made a mistake, and I'm going to step up and be responsible for it," the 5th District council member said.

He was fined $500, with $250 suspended, and imposed a suspended 90-day jail sentence. Jewell's driver license was suspended for 12 months, but he will be allowed to drive to and from work, including City Council functions.

He also was referred to an alcohol-treatment program that will last at least 10 weeks. His attorney said the sentence was standard for the first-time offender.

Richmond police pulled over and arrested Jewell about 1:30 a.m. Oct. 24 near Byrd Park. His attorney said Jewell's blood-alcohol reading was 0.11 percent. In Virginia, as in other states who have bowed to federal government pressure to impose such a low limit or risk losing federal highway funds, a motorist is presumed to be legally intoxicated with a blood-alcohol concentration of 0.08 percent or higher.

Jewell would not discuss details of the night of his arrest but said he and his son had attended a party at a friend's house that coincided with homecoming weekend at Virginia Union University.

Long Prison Term Imposed on Virginia Man Convicted in Child Porn Case

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11607 — Sat, 05 Dec 2009 08:00:00 EST

A Chesterfield County man convicted twice this decade of distribution of child pornography was sentenced to 17 years in prison on December 4th.

James Turner Yager, 31, had been facing a federal guideline sentence of roughly 20 to 24 years and -- because it was a second offense -- a minimum term of 15 years when he appeared before by U.S. District Judge Robert E. Payne.

Payne sentenced Yager to four years in prison in 2001 for the same crime. But not long after completing his prison sentence and three years of probation, he began receiving and sending child pornography, trading hundreds of images on the Internet.

Henrico Jury Recommends 78 Year Sentence in Drive-by Shooting

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11575 — Thu, 03 Dec 2009 08:00:00 EST

A 19-year-old Henrico gunman, convicted last night of first-degree murder and multiple weapons charges, should serve 78 years in prison, a Henrico jury recommended after a two-day trial.

The jury found Marcus A. Yancey guilty of seven charges linked to a drive-by shooting in an eastern Henrico neighborhood plagued in recent years by violence.

The shooting apparently was sparked by long-standing rivalries between the Central Gardens community off Mechanicsville Turnpike and the New Bridge community off Nine Mile Road, but the specifics were never presented in court.

Quintin L. Chambers, who'd grown up in the New Bridge area and was known as Skittles, died from a single bullet wound to the back, one of six shots unloaded by Yancey from his sport utility vehicle, evidence showed.

Chambers was shot as he worked on a car stereo and chatted with friends.

Williamsburg Lawyer Indicted by Feds

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11576 — Thu, 03 Dec 2009 08:00:00 EST

A federal grand jury has indicted a Williamsburg attorney accused of loaning himself $3.9 million from the estate of one of his clients and then lying about it.

Federal officials say 79-year-old James Edward Moyler was indicted yesterday on two counts of false declarations in a bankruptcy case and one count of making a false oath in a bankruptcy proceeding.

The indictment says Moyler made false statements in October 2008 and in January 2009 when he failed to list more than $3.9 million in liabilities he owed the estate of Lucille K. Steinhardt and then later lied about it. He was the executor of her estate and loaned himself the money from 2001 through 2005.

16 Year Old to Face Trial as Adult in Ax Attack on Student

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11577 — Thu, 03 Dec 2009 08:00:00 EST

Under Virginia law, a juvenile over the age of 14 can be tried as an adult --- in an adult court --- for certain crimes. The law is usually applied for the most serious of criminal acts involving a juvenile offender. Sadly, that was the outcome in the Hanover County Juvenile & Domestic Relations District Court December 2, 2009.

A Lee-Davis High School student, Omar K. Abdelaal, 16, will be tried as an adult, a Hanover County judge ruled yesterday. After hearing evidence presented, Hanover Juvenile and Domestic Relations Judge Larry Gilman certified a charge of aggravated malicious wounding to a grand jury. He also set a tentative trial date for January 26, 2010, in the Hanover Circuit Court.

Judge Gilman viewed surveillance video that authorities say shows Abdelaal striking the victim, 15, with an ax at the Tractor Supply Co. in Mechanicsville after the school day ended Oct. 23. The video shown in court shows two groups of students milling about the store and talking, and then Abdelaal leaving the frame of the video. He returned moments later with a long-handled ax, peeled off a protective cover from the blade, and lunged toward the victim, striking him across the left side of his face.

The video ends with the two groups quickly leaving the store, and the victim left by himself with the ax on the floor and staggering toward the doorway.

The victim needed more than 120 stitches to repair damage to his face from a single blow, authorities said. The victim testified yesterday in court, and his face is still severely swollen and shows a long, crescent-shaped scar below his eye.

Abdelaal sat with his head bowed. He has been held in a juvenile-detention facility without bond since his arrest the day of the incident.

He faces up to life in prison.

Richmond, Virginia Sheriff Under Investigation

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11356 — Fri, 20 Nov 2009 08:00:00 EST

A special prosecutor has been assigned to investigate an allegation of sexual battery made against Richmond Sheriff C.T. Woody, a law-enforcement official confirmed last night.

An adult woman made the allegation against Woody to Richmond authorities, and the matter later was referred to a special prosecutor, the official said.

It could not be confirmed when the incident is alleged to have taken place or the status of the investigation.

"There's no merit to it," Woody said by phone last night, adding, "I haven't been charged with anything that I know of."

He declined further comment. No further information was available.

Source: Staff Reports, Richmond Times Dispatch, November 20, 2009

Evidence Withheld? Teen Convicted of Chesterfield Murder May Get New Trial

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11357 — Fri, 20 Nov 2009 08:00:00 EST

Next week's scheduled sentencing of former gang member Detavis J. King for the 2007 slaying of Chesterfield County teenager Ryan Matko, teenage son of a Richmond homicide detective, will be delayed for several months as his defense attorney seeks to have King's guilty verdicts set aside.

King's lawyer filed a motion November 18th to continue Monday's sentencing hearing so he can obtain and review a transcript of the trial testimony given by Dominique Johnson, a key prosecution witness, whom the defense suggested at King's trial was the real killer.

In his motion, the defense alleges Chesterfield prosecutors failed to provide it certain information about Johnson before trial that could have been favorable to King or impeach Johnson as a witness. King's lawyer said he discovered such evidence on his own after the trial.

The motion suggests that Johnson was pressured by police to provide incriminating information about King after Johnson was arrested on an unrelated drug charge, and that Johnson cooperated believing he would get favorable treatment. The motion goes on to state that after Johnson's June 2008 arrest as a juvenile, police questioned him about the Matko case and recorded his statements on a DVD. The recorded interview was only recently made available to the defense.

During the interview, according to the motion, a detective purportedly advised Johnson that drug defendants were able to "work off" their charges by cooperating with authorities. The detective then started discussing the Matko case with Johnson. As the interview progressed, Johnson told police that Jessica Mayo, a former schoolmate of King's, told her at a party that King had had a confrontation with Matko. Mayo later was subpoenaed as a prosecution witness, and she testified that King had told her during a math class that King and "his boys had gotten into it" with Matko. Prior to that time, the motion states investigators were unaware of that alleged conversation until Johnson provided Mayo's name to police.

In criminal trials, upon written request, the Commonwealth is required to provide the defense with evidence in its possession or control before trial that could be either favorable to the defense of the charges, or that could reduce the level of punishment. Known as exculpatory evidence, or "Brady" material, the withholding of such evidence may result in a new trial if the defense can show that the outcome may have been different had it known of the evidence before trial.

A prosecutor deliberately withholding such evidence from the defense risks serious consequences, as was the case involving the Durham, N.C. district attorney who was disbarred after it was proved he withheld exculpatory evidence in the prosecution of three Duke University lacrosse players whom he charged with the rape of a stripper. The three young men were exonerated.

Henrico Prosecutors Claim Gangs Responsible for Random Attacks

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11340 — Thu, 19 Nov 2009 08:00:00 EST

Richmond Times Dispatch
Bill McElway, published 11/19/09

Henrico County authorities revealed yesterday that a series of beatings earlier this year in the western part of the county were linked to gang initiation rites.

Deputy Commonwealth's Attorney Michael Feinmel and police investigator D.C. Wood said at a preliminary hearing that two defendants and juvenile witnesses who appeared in court yesterday have ties to two well-known street gangs, the Bloods and the Crips.

"It's fair to say we are in the process of establishing what connections these people have to areas outside of Henrico County," Feinmel said after a hearing in which charges of malicious wounding, robbery and gang participation against two county residents were certified to a grand jury.

Facing a Feb. 3 trial are Mentor Bislimi, 18, of the 2100 block of Cool Brook Drive, and Kirkland Morris, 19, of the 00 block of Chase Gayton Terrace.

Witnesses yesterday, including former gang members and victims, said Morris and Bislimi led "a mission" in February this year that resulted in brutal beatings of three innocent passers-by and was designed to elevate the status of participants in the gangs. Morris is affiliated with the Bloods, and Bislimi with the Crips, according to testimony.

Though the Crips and Bloods are notoriously in conflict with each other, Morris and Bislimi apparently are childhood friends whose personal relationship predated their gang affiliations, testimony showed.

The attacks were carried out in the Nottingham Green and The Cloisters areas of western Henrico near Quioccasin Station Shopping Center, not far from the two men's homes.

Wood testified in court that investigations track the presence of the gangs in the Henrico area back four years and that the activity has gradually increased in scope and violence.

"The gang presence helps explain the senseless violence that we are seeing that on the surface seems to have no apparent cause," Feinmel said.

One victim testified yesterday that he was beaten to the ground by as many as three people and then kicked in the head. He lost temporary use of his arm and suffered a fractured cheekbone. Two other victims said they were attacked without provocation the same night, Feb. 22, in the early-morning hours.

Former gang members, who are facing charges in juvenile court, testified the attacks were designed to elevate the status of participants and to show loyalty. Search warrants discussed in court turned up various gang paraphernalia, from pictures of the defendants showing gang signs to telltale bandannas, or flags, and notebooks filled with gang lore and doctrines.

Feinmel and Wood declined to say how widespread the gangs are or what their membership numbers might be.

Richmond Bus Company Suffers Huge Jury Verdict for Driver's Recklessness

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11349 — Thu, 19 Nov 2009 08:00:00 EST

A Richmond jury awarded a research librarian at the Library of Virginia $8 million in damages yesterday, the full amount sought by her lawyers after the woman was struck by a GRTC Transit System bus and severely injured.

Meikiu Lo, now 34, suffered spinal and shoulder damage and multiple hip and pelvis fractures that resulted in chronic pain after a GRTC bus making a right turn struck her as she crossed North Eighth Street beside the library two years ago.

She had waited on the sidewalk and was two-thirds of the way across the street when the bus, making a right turn off East Marshall Street, struck her, her attorney said.

Trucker Charged With Reckless Driving on I-95 Wreck North of Richmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11350 — Thu, 19 Nov 2009 08:00:00 EST

Virginia State Police this afternoon reopened northbound Interstate 95 at Exit 84, which had been closed since 9 a.m. while workers cleared wreckage from an earlier truck wreck.

A tractor-trailer northbound on I-95 went off the right side of the road just north of the Interstate 295 interchange shortly after 5 a.m.

The driver John Carr, 50, of Connecticut apparently caused the wreck when he fell asleep, said Virginia State Police Sgt. Thomas J. Molnar. Carr, who was uninjured, has been charged with reckless driving.

Former Virginia High School Football Coach Pleads Guilty to Child Molestation Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11351 — Thu, 19 Nov 2009 08:00:00 EST

The former head football coach at J.R. Tucker High School in Henrico County pleaded guilty Tuesday morning to three counts of taking indecent liberties with teenaged students.

William Macgregor "Mac" Leighton, 31, entered guilty pleas in a short court hearing. He was released on bond pending sentencing Feb. 19.

He faces a maximum of five years in prison for each of the three convictions.

Leighton's victims were 15 and 17-year-old students with whom he had a custodial relationship.

Former Virginia Delgate Under federal Probe

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11352 — Thu, 19 Nov 2009 08:00:00 EST

A federal grand jury has subpoenaed from the Virginia House of Delegates documents related to former Del. Phillip A. Hamilton's job at Old Dominion University.

Bruce Jamerson, the House clerk, confirmed to news reporters that he turned over Hamilton's economic interest forms, travel vouchers and documents relating to the Old Dominion University teaching center.

Hamilton, under a federal grand jury investigation and an investigation by the House Ethics Advisory Panel, resigned from the House of Delegates Sunday.

While it is unknown what charges, if any, might be forthcoming, earlier news reports have indicated Hamilton may have used his position in the Virginia House of Delegates improperly to obtain a quid pro quo from ODU. It has been reported Hamilton was seeking a position at the University while assisting ODU in obtaining state funds.

Investigators may be examining such a connection. Under federal law, even a state public officer is subject to bribery charges under the provisions of the Hobbs Act (18 U.S.C. 1951). A person convicted of a violation of the Hobbs Act faces a prison sentence of up to 20 years.

Failure to Use Turn Signal Justifies Police Stop, Discovery of Crack Cocaine

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11337 — Wed, 18 Nov 2009 08:00:00 EST

A federal judge in Norfolk, Virginia rebuffed a defendant's claim that the police illegally stopped his car because he failed to signal his intent to turn left leaving the parking lot of a convenience store, then failed to signal a lane change, and another left hand turn at an intersection.

After making the second left turn, the officer stopped the defendant for not signaling his turns. Other officers arrived, and one of them learned through a computer check of the defendant's name there was an outstanding warrant for his arrest. The defendant was then placed under arrest on that charge, and searched. During the search, police found crack cocaine in his pocket.

The defendant claimed that he could only be guilty of not signaling turns under the Virginia statute if it were shown that other traffic was affected by his actions, and the police used his failure to signal as an illegal pretext to stop and question him. His attorney claimed therefore, his subsequent arrest on an outstanding warrant, and the police search of his person incident to that arrest were illegal, and that the crack coaine found in his trousers pocket should be suppressed as "fruit of the poisonous tree."

The federal judge dismissed that argument, finding that the police cars trailing him, and other cars in the vicinity, could have been affected by his failure to signal and therefore the officer could "probably" believe the law was violated before he pulled over the defendant's car.

Although the defendant was apparently first charged with drug distribution under Virginia law, the United States Attorney filed charges against him and the case was heard in federal -- rather than -- state court.

Punishment for federal drug convictions are in general more severe than those under Virginia law for the same offense. The decision was unclear why the federal charge was brought.

Police Investigation Pending in Suspect's Shooting Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11277 — Sun, 15 Nov 2009 08:00:00 EST

Virginia police responding to a report of a theft in progress shot and killed a suspect.

Fairfax County police identified the man Saturday as 52-year-old David Alan Masters of Fredericksburg. The shooting happened Friday, November 13th, 2009, at about 1 p.m. Masters was shot after failing to stop his car for police.

Three officers involved in the shooting have been placed on administrative leave pending the results of an investigation. Putting the officers on leave is a routine measure.

Internal police department guidelines for use of deadly force generally dictate that prior to shooting at a suspect, police have an objectively reasonable belief that their lives -- or those of innocent bystanders --are in immediate danger.

Hanover Police Make Several DUII and Marijuana Arrests at Sobrietyy Checkpoint

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11134 — Sat, 31 Oct 2009 08:00:00 EST

The Richmond Times Dispatch reported October 31st that Hanover County authorities had to end a DUI checkpoint early today because four of the five deputies made arrests, leaving too few resources to continue.

The checkpoint lasted from 11:30 p.m. Friday until 2:50 a.m. on Atlee Station Road near Atlee High School.

Authorities placed DUI charges, issued 13 summonses and placed charges of drunk in public, underage possession of alcohol, contributing to the delinquency of a minor, having an open container of alcohol and possession of marijuana. About 160 vehicles passed through the checkpoint.

Customs Agents Seize Hashish Concealed in Chessboard

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11059 — Wed, 28 Oct 2009 08:00:00 EST

ASSOCIATED PRESS
Published: October 28, 2009

PHILADELPHIA -- A calculated move to inspect a heavy chessboard paid off for customs officers at Philadelphia International Airport.

Federal officials seized more than two pounds of hashish and more than half an ounce of marijuana hidden inside the wooden game board.

The chessboard was heavier than expected, arousing the suspicion of Customs and Border Protection agents.

Agency spokesman Steve Sapp says the hash was shipped from Tanzania but he declined to say where it was headed. Officials estimated the drugs' street value at about $30,000.

Sapp says the drugs, which arrived on Saturday, will be destroyed. No arrests have been made.

Marines Sentenced in RIchmond Armed Robberies

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11060 — Wed, 28 Oct 2009 08:00:00 EST

Published: October 28, 2009

A U.S. Marine corporal will spend eight years in prison for his role in two robberies that netted $10.

Richmond Circuit Judge Richard D. Taylor Jr. yesterday sentenced Steven Lee Reyes of California to an active sentence of eight years for two counts each of robbery and use of a firearm in a robbery.

Reyes and fellow Marine Cpl. Kraig Andrew Kiepprien of New York came to Richmond from Norfolk on Jan. 18 for a night on the town, authorities said.

About 5 the next morning, they got into Reyes' car and robbed two men in South Richmond, making off with $10 and a wallet with an ID card, authorities said.

Reyes robbed a man who was warming up his car outside his home in the 1100 block of East 16th Street, authorities said. After that, Kiepprien pulled a gun and took another man's wallet.

The Marines were found asleep in the car at a rest stop in New Kent County at 7 a.m. with the wallet and a gun in their possession, authorities said.

Kiepprien was ordered to serve six years for one count each of robbery and use of a firearm in a robbery.

Two Sentenced in March Beating Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11061 — Wed, 28 Oct 2009 08:00:00 EST

Published: October 28, 2009

Two men were sentenced to lengthy prison terms for the fatal beating of one man and for beating another man nearly to death the same day in South Richmond.

Jose C. Bello-Garcia was ordered to serve 40 years in prison, and Jose Raul Gaitan to serve 25 years, on Monday in Richmond Circuit Court.

The two defendants beat to death Baudilio Lopez-Andres, 52, in an abandoned house along Jefferson Davis Highway on March 29, using their fists, feet and construction debris, authorities said. He died two days later.

The defendants attacked the victim while they were drinking in the abandoned house, authorities said.

After the first beating, the two defendants went with another man, who had witnessed the attack on Lopez-Andres, to get beer at the nearby Golden Food Market, authorities said.

The defendants took this man behind the store and beat him severely, leaving him disfigured and with damaged vision, authorities said.

Two Plead Guilty to Shooting Death of High School Senior

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11062 — Wed, 28 Oct 2009 08:00:00 EST

Published: October 28, 2009

Two Highland Springs men face sentencing in January after pleading guilty yesterday to voluntary manslaughter in the shooting death of Wazira Harris.

Harris, an 18-year-old senior at Highland Springs High School, died of a bullet to the back April 27 after a large group of youths started fighting and shooting in the 300 block of East Beal Street a few blocks from the high school.

Harris' death followed an exchange of words and as many as eight gunshots from two weapons, according to witnesses at the scene and court testimony.

Brandon T. Garlick, now 20, and James A. Jones, now 24, pleaded guilty to voluntary manslaughter in a case complicated by a lack of proof of what weapon caused Harris' death. The bullet that killed her was not located.

Both defendants acknowledged firing a gun but said they fired blindly and were threatened themselves, according to testimony in the case.

They will be sentenced Jan. 12 and face up to 10 years in prison.

Virginia High School Student Arrested in Axe Attack

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)11014 — Tue, 27 Oct 2009 08:00:00 EST

By Bill Mckelway

Published: October 27, 2009, Richmond Times Dispatch

A Lee-Davis High School student faces possible life in prison if convicted of an ax attack on a fellow student.

Hanover Commonwealth's Attorney Ramon E. "Trip" Chalkley declined yesterday to identify the 15-year-old, who is charged with aggravated malicious wounding in the incident. But he said he intends to try the youth as an adult and will seek to have the case transferred to Circuit Court.

Aggravated malicious wounding carries from 20 years to life in prison, but there is wide discretion for judges to handle a juvenile charged as an adult.

The attack Friday evening at Tractor Supply Co. in the Hanover Village Shopping Center across Mechanicsville Turnpike from the high school was captured on a video camera, Chalkley said. The only camera visible in the store is directly above a display of axes, hatchets and splitting mauls.

In the video, Chalkley said the attacker appears to make one stroke with a single-bladed ax toward the victim, also 15, who was facing his assailant.

A rubberized strip used to prevent cuts from the sharp edge of the ax was removed before the attack and recovered nearby, according to authorities.

The victim has been released from the hospital and is staying with his family, authorities said. The wound to his face extends from the victim's temple to his jawbone, according to officials.

Hanover Sheriff's Capt. Mike Trice yesterday described the incident as a flare-up between two people who had exchanged words.

"We hope people will let the law take its course," he said.

Hanover County sheriff's deputies today will continue a second day of increased visibility at Lee-Davis. "It's a precaution in reaction to calls we were getting from parents," Trice said.

A court hearing for the alleged attacker was postponed yesterday because he was not represented by a lawyer, Chalkley said. Another hearing is scheduled today in Hanover Juvenile and Domestic Relations District Court.

Drunk Driver Pleads Guilty to Manslaughter In RIchmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10957 — Sat, 24 Oct 2009 08:00:00 EST

By Mark Bowes

Published: October 24, 2009, Richmond Times Dispatch

A Colonial Heights woman has pleaded guilty to killing one man and severely injuring another after colliding head-on with their mo-ped while intoxicated and traveling in the wrong lanes of Jefferson Davis Highway.

Megan Lean Brown, 25, pleaded guilty Monday in Chesterfield County Circuit Court to involuntary manslaughter while driving intoxicated, maiming while driving intoxicated and driving under the influence of alcohol. She faces a combined maximum prison term of 16 years when she is sentenced Jan. 20.

Brown was convicted of fatally injuring Frederick Scott Wall, 46, the mo-ped driver, and critically injuring Ricky Lynn Hill, 40, the passenger. The June 13 wreck took place in the 11200 block of Jefferson Davis Highway, just south of the state Route 288 interchange.

"She was going the wrong direction," said Assistant Commonwealth's Attorney Robert J. Fierro Jr.

According to evidence, Brown was traveling south in the northbound lanes of Jefferson Davis Highway about 3 a.m. when she collided head-on with Wall's mo-ped. Wall, who lived close by, was pronounced dead at the scene.

Hill suffered significant injuries from which he is struggling to recover, Fierro said. They included fractured pelvis, head trauma, partial paralysis, and nerve and muscle damage. Rods and screws were attached to bones in both his legs, and pins were inserted into his foot.

Hill is using a wheelchair, cannot move his right arm and "essentially is not able to communicate verbally, " Fierro said.

Brown was returning to her Colonial Heights home from the Short Pump area when the wreck occurred.

Virginia Police Identify Shooting Fatality Victim

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10959 — Sat, 24 Oct 2009 08:00:00 EST

By Staff Reports

Published: October 23, 2009, Richmond Times Dispatch

Prince George County police this afternoon identified the man found fatally shot early this morning in the driveway of his sister’s home.

Today’s events unfolded about 4:40 a.m. when police were alerted about a possible domestic situation inside a vehicle on Prince George Drive and Middle Road, and an officer heard multiple gunshots just north of there.

“The officer immediately responded to investigate the gunshots,” said Capt. Eric Young. “And about a tenth of a mile from where he was in the 3700 block of Prince George Drive,“ police found William Joseph Miller, 39, with apparent gunshot wounds. He was declared dead at the scene.

Police are investigating whether the earlier domestic dispute is related to the man’s killing.

“We think it’s potentially related, but we’re trying to figure out how it’s related,” Young said.

Richmond City Council Member Charged With DUI

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10960 — Sat, 24 Oct 2009 08:00:00 EST

By Staff Reports

Published: October 24, 2009, Richmond Times Dispatch

Richmond Councilman E. Martin Jewell, 5th District was arrested and charged with driving under the influence of alcohol early today, Richmond police have confirmed.

An officer at the Richmond City Lock-up said that Jewell was released this morning on $500 bond.

Addendum by Stellyvirginialaw.com

Many persons arrested for crimes are innocent. If convicted of DUI in Virginia, a person is guilty of a Class ! misdemeanor. It is punishable by a fine of up to $2500.00, up to a year in jail, and suspension of driver's license for 1 year. If the person's BAC is 0.15 or higher, mandatory jail time must be imposed.

Driving School for Reckless Driving Accident - Case Dismissed

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10919 — Thu, 22 Oct 2009 08:00:00 EST

A 30 year old Richmond man facing a reckless driving charge and expecting a DUI charge to follow, escaped serious punishment with the opportunity to have the reckless driving charge dismissed. Both are Class 1 misdemeanors in Virginia, punishable by license supension, jail time and hefty fines.

The man was injured after taking a prescription medication that unexpectedly caused him to be rendered unconscious shortly afterward. He awoke in a hospital emergency room with non-life threatening injuries and charged with reckless driving. The officer told him he had struck a parked car and then a tree when they arrived. He had no recollection of it. He also was told that his blood was drawn to be tested for alcohol impairment.

Because no one else was injured and the parked car damages were promptly paid, we proposed that in exchange for a guilty plea to the charge of reckless driving, that the case be dismissed if the defendant completed an special defensive driving school. The Commonwealth's Attorney concurred, and the judge approved the plea agreement.

The DUI charge was not brought, for unknown reasons.

Richmond Virginia Client Happy DUI Reduced to Reckless Driving

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10920 — Thu, 22 Oct 2009 08:00:00 EST

A Richmond, Virginia man charged with DUI near Fort Lee accepted a plea agreement negotiated by Attorney Tony Stelly that resulted in amendment of the charge to Reckless Driving.

Before trial, Stelly interviewed the arresting officer concerning the stop and the probable cause for the arrest. He then explained to the officer and the Commonwealth's Attorney that two of the Field Sobriety Tests should not have been conducted because the driver was too overweight. NHTSA guidelines for the Walk and Turn and One-Leg stand tests admonish officers not to administer these tests to persons who are 50 pounds overweight, or more. The defendant was almost 60 pounds overweight.

Upon discussion with the officer, and a review of the defendant's driving record, the Commonwealth agree to reduce the charge to reckless driving with a nominal fine, provided the defendant attend VASAP.

105 mph Reckless Reckless Driving Charge Reduced to Speeding

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10929 — Thu, 22 Oct 2009 08:00:00 EST

Never give up on a Virginia Reckless Driving charge without a fight! Sometimes things work out better than you would imagine.

That was the case in Southside Virginia when a young man went to court facing a Reckless Driving charge he got on I-295 near Hopewell this summer. The officer clocked him at 105 MPH on his radar gun, which was shown to be accurately operating at the time. If convicted of this criminal offense, the 18 year old recent high school graduate was looking at a criminal record, jail time, loss of license, and a sustantial fine.

Richmond criminal defense lawyer Tony Stelly represented the youngster. Prior to court he met with the officer, and working together, they were able to negotiate a reduction of the charge to speeding, 79/65. What did it cost the defendant-driver? A very hefty fine.

However, the defendant was most satisfied because he avoided having a criminal record --Reckless Driving is a Class 1 misdemeanor that goes on one's "rap sheet." The defendant also was able to retain his unrestricted driving privileges, and avoided having to serve any time in jail.

I-95 Accident Hinders Rush Hour

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10816 — Tue, 13 Oct 2009 08:00:00 EST

Some Richmond workers got off to a bad start today when those traveling northbound I-95 were caught in a long delay due to yet another traffic accident this morning. No details were released as to the cause of the accident or whether there were any serious injuries. Of course, rubber-necking slowed traffic going southbound as well.

Remember folks, most traffic accidents are avoidable! Reduce your chances of beicoming another I-95 traffic accident statistic by keeping a proper lookout for the cars ahead, beside and behind you, don't follow too close to the car ahead of you, and stay alert.

Richmond Rush Hour Traffic Snarled Again by I-64 Fender Bender

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10817 — Tue, 13 Oct 2009 08:00:00 EST

Carelessness reared its ugly head again this morning on I-64 westbound near the I-95 interchange in Richmond. It appeared three cars may have been involved, but there was no information available on the cause of the crash.

Avoid getting your day off to such a bad start by exercising more attentiveness when driving to work. Keep a safe distance between you and the car ahead of you; keep a watchful eye on the cars beside you and to your rear so you can react quickly and safely if necessary; and most importantly, don't let yourself become distracted.

Judge Gives Teen a Big Break

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10335 — Thu, 10 Sep 2009 08:00:00 EST

Our client was a 17-year old high school football player who was charged with speeding 20 mph over the speed limit while returning a friend's car to his father's apartment after rescuing another friend who had had too much to drink at a teen beer bang. When the client noticed an approaching police car do a u-turn and begin to follow him, he panicked because he did not have his driver's license and sped up, hitting speeds on a deserted roadway that the officer testified nearly reached 100 mph.

The client safely stopped the car after putting some distance between himself and the police pursuit, and fled the scene on foot. However, after telling his step-father what happened the next morning he decided to turn himself into police.

Though the judge was very upset and shocked at what had transpired, he was persuaded that the incident was "out of character" for the boy, and gave him a second chance. The client will have to do over a 100 hours of community service and attend driving school within the next 12 months, and if he successfully completes that, the charge will be reduced.

Reckless Driving Reduced to Speeding

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)10140 — Thu, 27 Aug 2009 08:00:00 EST

Developing a good rapport with opposing counsel sometimes pays dividends. Recently, an 18 year old charged with reckless driving in King William County, Virginia, reaped the benefit of an understanding Commonwealth Attorney. Recognizing the seriousness of the charge and the effect it would have on the young man, the CA graciously agreed to a reduction of the charge to speeding. This allowed the young man to avoid having a class 1 misdemeanor on his record.

Virginia Breath Testing Device Under Fire in Arizona for Unreliability

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9991 — Sat, 15 Aug 2009 08:00:00 EST

From the January 12, 2009, edition of the Tucson Citizen, by A.J. Flick

Judge Deborah Bernini said in a ruling issued Monday that CMI Inc. of Owensboro, Ky., isn't authorized to do business in Arizona. Therefore, her orders in a local case don't extend beyond the state's borders.

Defense attorney James Nesci, who is arguing issues over CMI's Intoxilyzer 8000 for defendants in 23 unrelated DUI cases, said Monday he wasn't surprised by Bernini's statement. Nesci said Bernini can still order prosecutors to get the source code from CMI. That issue is before the Arizona Court of Appeals, Nesci said.

Phoenix attorney Michael Parrish argued before Bernini last week that the Uniform Act maintains that an order for CMI to give up the source code must come from a Kentucky court. Bernini agreed.

"Because an Arizona court cannot compel production of documents or things not maintained within this state, the only lawful method that may be utilized to compel CMI to produce the source code in Arizona is compliance with the Uniform Act," she said in her ruling.

So far, other attorneys who have tried this method have failed to get the Owensboro court, which is named in honor of a relative of CMI's own attorney, to order CMI to divulge its source code, Nesci said.

Bernini acknowledged CMI's "refusal to voluntarily produce the source code may jeopardize the prosecution of the consolidated cases." "CMI's claim that the attorneys' unwillingness to sign a confidentiality agreement is the sole cause for any delay is, at best, a prevarication arguably being aired for consumption by the public and the press," she wrote.

"The agreement that CMI has insisted be signed has been rejected by more than one court in Arizona, and by courts in Louisiana, Massachusetts, Florida, New Jersey and Minnesota as a violation of an accused's due process rights," Bernini wrote. "The court is further aware that the state has since attempted to obtain the source code pursuant to the Uniform Act, and CMI has successfully convinced the Kentucky court to protect it from any production," she wrote. However, those issues are not being decided this date. The sole issue before the court is whether it had the authority to compel CMI to produce the source code."

Defense attorneys had asked Bernini to find CMI in contempt of court because it failed to deliver the source code. Because the court had no jurisdiction to issue the order for the source code, Bernini wrote, the contempt sanction "is no longer appropriate."

In September, Bernini granted a defense request for the source code, citing an Arizona Supreme Court ruling: "All materials relied on by prosecution experts must be available to defense experts, and vice versa."

Defense attorneys say they've found problems traced to CMI Intoxilyzer 8000's software that can skew results of blood-alcohol content readings. * * *

In making her ruling, Bernini noted that state's witnesses agreed "there are defects in the machine and 'bugs' in the software that are attributable to the source code." While the state's experts say the defects are "benign," defense attorneys aren't willing to "accept the state's assurances," Bernini wrote.

She cited evidence that showed the Intoxilyzer 8000 sometimes showed tests "out of tolerance when they were actually within tolerance, measurements of 0.000 when alcohol was admittedly consumed (the machine is programmed so that it cannot measure alcohol concentrations less than .02 percent), a reading of .83 on a machine that is not programmed to measure past .60."

Several judges in Tucson City and Pima County Consolidated Justice courts have asked for the source code and thrown out breath-test evidence in dozens of cases, resulting in some dismissals.

Two Die, Others Injured in I-95 Accident in Richmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9545 — Wed, 22 Jul 2009 08:00:00 EST

Virginia State Police reported two deaths occurred on I-95 in Richmond on July 22 in a two-car crash. According to State Police reports, a car carrying four people pulled into the left hand lane when a tire failed, and the driver and passengers exited the car. Two people who stood to the rear of the car while awaiting aid were struck and killed by another car which then collided with the disabled car. The driver of the second car and others were seriously injured.

Virginia Traffic Death Toll Raised by Richmond Traffic Fatality

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9483 — Sun, 19 Jul 2009 08:00:00 EST

A 25-year-old man was killed in a two-vehicle crash early yesterday morning in South Richmond.

It happened shortly after 5 a.m. when a westbound car traveling fast on Hull Street Road near Belt Boulevard collided with an eastbound flatbed wrecker as it was making a left turn, said Richmond police Capt. Scott Booth.

Richmond resident Dennis Smith, a front-seat passenger in the car, was pronounced dead at the scene.

The driver of the car and its two other passengers were taken to VCU Medical Center. Their condition was unavailable. The driver of the wrecker apparently was not hurt.

No charges had been filed in the wreck.

Smith's death brings to 379 the number of highway fatalities in Virginia this year, compared with 437 at this time last year.

Tractor Trailer Rams Van on Richmond's I-95

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9484 — Sun, 19 Jul 2009 08:00:00 EST

Over the July 18 weekend, a tractor trailer ran into the rear of a van causing a serious accident which had traffic backed up on I-95 in Richmond. Police said the trucker was charged with following too close. It is not known whther other charges may be filed.

Insurance Valuation of Marital Property Results in Virginia Equitable Distribution Award Being Upheld

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9419 — Mon, 13 Jul 2009 08:00:00 EST

The Husband appealed the trial court's valuation of tools used in his business, claiming that their value was far less than the court assessed. The Virginia Court of Appeals denied his argumnet and found the trial court had properly considered all of the evidence as to their value.

Husband’s tools came from a now-defunct car care center he owned and operated during the marriage. When applying for a bank loan, he valued the tools at $80,000. He insured the tools for $40,000 and renewed the policy with that amount of coverage. For equitable distribution purposes, he argued the tools were worth between $10,000 and $12,000. Throughout the evidentiary portion of the hearing, Husband renewed his insurance coverage for the tools for $40,000. The evidence was sufficient to value the tools at $40,000 based on the insurance value Husband claimed when applying for coverage.

Richmond Criminal Defense Attorney Gets Arson Charges Dropped

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9397 — Sat, 11 Jul 2009 08:00:00 EST

Church-fire charge likely to be dropped
"He didn't do it."

BY MARK HOLMBERG

TIMES-DISPATCH STAFF WRITER

Sunday, January 18, 2004

The man charged with Tuesday's suspicious fire at Poplar Springs Baptist Church apparently didn't do it, a Henrico County fire official said yesterday.

Charles R. Garten III, 24, of the 3500 block of Darbytown Court in eastern Henrico, has been released from jail and the arson charge against him is expected to be dropped when court convenes Tuesday, according to Lt. Doug Reynolds of the Henrico Division of Fire.

Meanwhile, a woman who provided fire investigators with information about the case has been arrested and charged with making a false report to a law-enforcement officer.

It is not the first time Jennifer Nicole Leidy, 20, has faced such a charge. Court records show Leidy provided a false report to police last year on Feb. 26. She was convicted of that misdemeanor charge on June 19, was fined $100 and received a 12-month suspended sentence.

Garten's release is "great news," said his attorney, Anton Stelly. "But not unexpected."

Stelly said he had conducted his own investigation, and all of Garten's time was accounted for.

"I still don't understand why he was charged, if all they had was a third-party report of someone seeing him" in the area of the church, Stelly said. "It's a complete lack of probable cause. It didn't make any sense."

The fire at the church on Charles City Road was reported by a passing motorist about 5 a.m. Tuesday. Garten was arrested later that day and was charged Wednesday. He was being held in the Henrico County Jail pending a bond hearing.

Federal investigators have been assisting Henrico's arson experts in trying to determine if the fire that destroyed Poplar Springs is related to four other suspicious church fires in Henrico and Hanover counties since last summer.

Woman's Death on I-95 Raises Virginia Traffic Death Toll

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9390 — Fri, 10 Jul 2009 08:00:00 EST

A total of 352 people have died on Virginia roads so far this year, compared with 413 at the same time last year. On June 1, 2009, the latest multi-car fatality was recorded near Richmond on I-95 in Prince George County.

Reportedly, the 82 year old woman killed in the accident was trying to avoid being caught up in a traffic jam resulting from an earlier accident on I-95 while attempting to move into a cross-over (which is reserved for police and emergency vehilces) and was struck broadside by another car.

Concrete Truck Overturns on I-95 in Richmond

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9357 — Wed, 08 Jul 2009 08:00:00 EST

Around 3:00 a.m. on July 8, 2009, Virginia State Police received a report that a concrete truck had overturned on southbound I-95 in Richmond. When Troopers responded they found the driver injured and suspected he was impaired by alocohol, and was charged with DUI.

Traffic has been diverted but authorities expect the road to be cleared before the rush hour.

Afternoon Nap Causes I-95 Crash

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9296 — Fri, 03 Jul 2009 08:00:00 EST

As this personal injury lawyer has repeatedly preached, driver inattention is the most frequent cause of traffic accidents on Virginia highways, including those in and around Richmond. Here's another example that, thankfully, did not result in any deaths.

Virginia State Police say five vehicles, including one being towed, were involved in an accident on I-95 south of Richmond the afternoon of July 2nd that began when an auto driven by a Smithfield resident rear-ended a flatbed tow truck hauling a car. The driver told officials he fell asleep at the wheel, said State Police spokeswoman Deborah Cox.

The driver was charged with reckless driving, and three people were taken to the hospital for treatment of non life-threatening injuries, Cox said.

Virginia Custodial Parent Must Pay Unreimbursed Medical Costs for Children

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9251 — Wed, 01 Jul 2009 08:00:00 EST

The Virginia Court of Appeals ordered the custodial parent to repay her portion of non-covered medical costs for the parties' children in the total amount of $1,753.00. Husband had requested that his former wife pay him the unreimbursed costs of medical care for the children at a reduced amount, and when she refused, he successfully pursued a claim through the court for the full amount due him under the Final Decree.

Parent's Move Triggers Change in Visitation Schedule

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9252 — Tue, 30 Jun 2009 08:00:00 EST

The Virginia Court of Appeals ruled that a father whose job location had changed was entitled to greater periods of visitation with his children over the summers and during school holidays. Reasoning that the increased travel time adversely impacted on the children's visitation with him, as well as being disruptive to their school and extra-curricular activities, the Court approved the father's request to lessen his regular visitation and expand his visitation with the children during non-school term periods such as the summer vacation and holiday term breaks.

Virginia Custodial Parent Need Not Send Former Spouse School Records

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9250 — Tue, 30 Jun 2009 08:00:00 EST

The Virginia Court of Appeals denied a non-custodial parent's request to order the custodial parent to provide him copies of their children's school grades and other educational records. The Court reasoned that both the Final Decree of divorce and Virginia law afforded him the right to obtain such information upon request made by him to the children's school, and it was therefore unnecessary to require the custodial parent to do this for him.

I-95 Accident Near Richmond Claims 12 Year Old

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9231 — Tue, 30 Jun 2009 08:00:00 EST

From the Richmond Times-Dispatch

By Michael Martz

Published: June 29, 2009

A 12-year-old Maryland girl was killed this morning and her mother was critically injured in a single-vehicle wreck that closed the northbound lanes of Interstate 95 for hours south of Petersburg.

Shiane Dixon of Boyds, Md., died at the scene after she was thrown from the vehicle and was struck by a tractor-trailer, State Police said.

The girl was riding without a seat belt in the cargo area of a 2000 Lincoln Navigator that ran off the right side of the southbound interstate road about 4:39 a.m., State Police said. Shel was thrown into the northbound lane of the interstate after the driver overcorrected, struck the left guardrail, and overturned. She was struck by a truck that was traveling northbound.

The driver of the vehicle, Diane P. Nixon, of Boyds, Md., suffered life-threatening injuries and was flown by a State Police Med-Flight helicopter to VCU Medical Center. She was wearing a seat belt.

Nixon’s 16-year-old son, Hassan, was partially ejected from the vehicle and taken to VCU Medical Center by ambulance with injuries that were not considered to be life-threatening. He was wearing a seat belt.

Two other passengers, Jordan Lusane, 18, and Taylor Scott, 12, were taken by ambulance to Southside Regional Medical Center in Petersburg for treatment of non-life threatening injuries. Lusane also is a member of the Dixon family, and Scott is a family friend. Both were wearing seat belts.

The driver of the tractor-trailer was not injured.

The wreck closed the northbound lanes and one southbound lane of I-95 at Exit 45, where the highway crosses U.S. Route 301.

Virginia Highways Will Be Packed Fourth of July

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9232 — Tue, 30 Jun 2009 08:00:00 EST

The Fourth of July Weekend always results in increased traffic on Virginia highways, especially on I-95, I-295, and I-64 in and around Richmond. Virginia State Police and local law officers will be out in force to nab speeders, reckless drivers and impaired drivers. Exercise caution when traveling this weekend for your sake, your family's sake, and for the sake of others.

Virginia DUI Checkpoint Acquital Reversed

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)9249 — Tue, 30 Jun 2009 08:00:00 EST

The Virginia Court of Appeals held that a sobriety checkpoint was properly administered and reversed the trial court's order suppressing evidence necessary to convict a driver of DUI. The Commonwealth appealed the trial court's ruling that the checkpoint was faulty because the patrol supervisor had too much discretion in organizing and operating it.

Illegal Alien Sentenced by Virginia Judge in DUI Death of Grandmother

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8905 — Sat, 06 Jun 2009 08:00:00 EST

An illegal alien from Guatemala will serve a 3 and one-half year prison sentence for killing a woman outside a Chesterfield County, Virginia convenience store while driving drunk last year. The man was senteneced to 21 years in the death, but the judge suspended 17 and one-half years.

The 53 year old victim had stopped at the convenience store late in the evening to pick up some items before going to babysit her daughter's children, and was crushed between the side of the building and the defendant's minivan when the vehicle jumped the curb. A State medical expert estimated the defendant's blood alcohol level at two to three times the legal limit at the time of the accident.

Domestic Disturbance Call Leads to Arrest in Richmond Murder

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8906 — Sat, 06 Jun 2009 08:00:00 EST

On June 4, a suspect in a 2007 Northside Richmond murder was arrested by police responding to a domestic distubance call at an apartment, and evidence found in the residence linking the man to the unsolved murder led to his arrest in that crime. The murder victim, a 74 year old man, was shot to death on his front porch in August 2007. Authorities said the accused had long been a suspect in the shooting, but there was insufficient evidence to arrest him until the search of the apartment following his arrest on the disturbance call; however, they would not reveal to the public what that new evidence was.

Henrico Police Involved in I-95 Crash During Richmond Rush Hour

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8893 — Fri, 05 Jun 2009 08:00:00 EST

An early morning crash on I-95 had northbound traffic backed up between the exits 75 and 78. It is not known whether there were injuries or fatalities, but one vehicle, an Henrico County police cruiser, appeared to have sustained significant damage, and came to rest facing the Jersey wall. The left lane was closed for about 1.5 miles.

Petersburg Man Charged in Sexual Assaualt on 13 Year Old

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8777 — Thu, 28 May 2009 08:00:00 EST

From the Richmond Times Dispatch, Published: May 28, 2009

A Petersburg man is accused of sexually assaulting a 13-year-old girl. Authorities identified the suspect as Jonathana Moody, 25. He was arrested Sunday and charged with aggravated sexual battery, according to Petersburg police spokeswoman Esther Hyatt.

Authorities received a 911 call about 11 p.m. Saturday reporting a 13-year-old girl who was unconscious and intoxicated at a home, Hyatt said.

The girl had been at a basketball court at Robert E. Lee Elementary School and at some point was given alcohol and was sexually assaulted, Hyatt said. Authorities were still trying to determine exactly where the alleged assault took place.

Virginia Memorial Day Fatalities Down This Year

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8753 — Wed, 27 May 2009 08:00:00 EST

Good News! Virginia State Police reported that traffic fatalities this Memorial Day Weekend were less than last year's. And, state-wide, traffic fatalities are less this year than at this time last year, overall.

The report offered no explanation -- or speculation -- on the decline, but those in and around Richmond should have noted that there was less traffic on I-95, I-295 and I-64 over the weekend than in years past. Perhaps the downturn in the economy and higher gas prices kept people at home instead of on the road going to visit family and friends. Less people on the road usually means fewer accidents.

Accomplice In Powhatan Shooting Found Guilty

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8754 — Wed, 27 May 2009 08:00:00 EST

Published: May 26, 2009, Richmond Times Dispatch

Stephanie Reynolds is free today after pleading guilty to three misdemeanor charges in the fatal shooting of Powhatan High School student Tahliek Taliaferro last June.

Powhatan Circuit Judge Thomas V. Warren accepted Reynolds' guilty pleas, reducing a felony charge of involuntary manslaughter to a misdemeanor conviction as an accessory after the fact in Taliaferro's death, as well as assault and battery in the wounding of Courtney Jones, a passenger in the car when Taliaferro was shot on June 24. She also pleaded guilty as an accessory after the fact on a charge stemming from the illegal possession of a weapon by Joey Parrish, who has been convicted of involuntary manslaughter in Taliaferro's death.

Reynolds told the court she did not want to comment, except to say she was very sorry for what happened and for her involvement, and that she hopes to continue her education.

Warren sentenced Reynolds to 36 months in jail and counted the 10 months she had spent incarcerated as time served in the sentence. He warned her that she remains on probation for five years and could have to serve the remaining 26 months if she violates the law.

However, the judge and prosecutor, Commonwealth's Attorney Robert B. Beasley Jr., praised Reynolds for her cooperation in the investigation that led to the convictions of cousins Ethan and Joey Parrish in the death of Taliaferro. Both men face up to 10 years in prison for involuntary manslaughter and 12 months in jail for assault and battery.

Beasley said today that without her involvement in the investigation "we wouldn't have had a case." However, Taliaferro's mother, Kaa Caputo, was among about 20 people protesting the plea agreement and sentence outside the Powhatan courthouse today. Caputo called the sentence an injustice. She cited the case of Tyler Binsted, a Virginia Commonwealth University student who was shot to death in Richmond last year. The driver of the getaway car in that case, LaPrecious Austin, was sentenced to 18 years in prison for her role in the robbery that led to Binsted's death.

Caputo said Reynolds had fled the scene of the shooting and did not surrender to police for three days. Reynolds could have walked away at any time in the incident but did not, Taliaferro's mother said. Originally, Reynolds had been charged with first-degree murder, but the charge was reduced in March after she testified for the prosecution in the Parrishes' trial. She was released then on bond pending today's appearance. The Parrishes had been charged with murder but were convicted of involuntary manslaughter and assault and battery. They are scheduled for sentencing June 4.

Three High School Girls Facing Alcohol Possession Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8732 — Mon, 25 May 2009 08:00:00 EST

From the Richmond Times Dispatch

Published: May 25, 2009

Three members of the Deep Run High School girls soccer team arrived for practice a week ago showing evidence of alcohol use and were arrested, according to court records. Police said alcohol-related charges are pending against Katherine C. Mack, 18, of the 3100 block of Old Brookwood Way; Elizabeth C. Olberding, 18, of the 3400 block of Gayton Meadows Terrace; and an unnamed juvenile. All three were arrested May 18 shortly after noon.

Mack faces a June 15 court date in Henrico County General District Court on a charge of driving an automobile after illegal consumption of alcohol.The other two students, who were passengers in Mack's car, face hearings in juvenile court on underage possession. All three are seniors. School system spokesman Mychael Dickerson declined to comment on the specific status of the students, citing privacy reasons, but said alcohol possession or consumption on school property is forbidden, according to school policy.

A first offense can result in a minimum mandatory 10-day suspension and a 30-day exclusion from extracurricular activities, according to Henrico school policy.

Deep Run's girls soccer team lost the Colonial District championship to Mills Godwin High School on Thursday night in a game settled by penalty kicks. None of the three arrested girls played.

Richmond Shooting Victim Dies

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8722 — Sun, 24 May 2009 08:00:00 EST

A man found shot in a South Richmond rooming house Friday morning died May 23 at VCU Medical Center, Richmond police said.

Authorities said they are investigating the death of Daniel Adams Burns, 32, of the 2000 block of Dinwiddie Avenue as a homicide. He was shot near the base of the skull.

Police Capt. Will Smith said Friday that it was uncertain whether the victim, who was found by his roommates, had been shot at the house.

Virginia State Police Stepping Up DUI Efforts for Memorial Day Weekend

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8724 — Sun, 24 May 2009 08:00:00 EST

Virginia State Police won't be enjoying much of the Memorial Day weekend with their families. The long weekend will be no long holiday for them, or for many of their law-enforcement brethren in Richmond, Hanover County, Henrico County, Chesterfield County and Goochland County.

They'll be participating in Operation CARE, short for Combined Accident Reduction Effort. State troopers will be mainly targeting the I-95, I-295 and I-64 corridors. The program is intended to reduce the number of crashes, road fatals and injuries. The troopers will be out in greater numbers, many on motorcycles.

They will be joined in the effort by local police departments, who will set up sobriety checkspoints on or near highways that have previously yeilded high rates for DUI arrests. The CARE operation will continue through midnight Monday.

The CARE program on last year's Memorial Day weekend resulted in ticketing 11,724 speeders, 2,579 reckless drivers, and arrests of 169 suspected drunken drivers, statewide.

Virginia High School Coach Released on Bail

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8692 — Thu, 21 May 2009 08:00:00 EST

Mac Leighton, J.R. Tucker High School's former head football coach, facing charges involving "sexting" with two high school students, was freed from jail on a $50,000 bail. A preliminary hearing was set for August 7th.

After a brief hearing in Henrico Juvenile and Domestic Relations District Court, Judge S.L. Williams Jr. set a $10,000 bail yesterday on each of five felonies stemming from charges that Leighton solicited sexually explicit pictures from two students and took indecent liberties while in a custodial relationship with them. The assistant commonwealth's attorney said the students were 15 and 17 at the time of the alleged incidents, which authorities said yesterday occurred between August and January.

Authorities said that both juveniles sent Leighton sexually explicit pictures of themselves while he was coach and that he had an unspecified physical relationship with the older girl. The prosecutor described the charges involving the 15-year-old: soliciting child pornography and taking indecent liberties with the juvenile by asking her to engage in unspecified sexual acts.

The remaining three charges involve allegations that Leighton solicited the 17-year-old to engage in certain acts and successfully sought a sexually explicit image of her.

Former Richmond Tennis Coach to Serve 5 years on Child Porn Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8694 — Thu, 21 May 2009 08:00:00 EST

Steven Gerstenfeld, a former University of Richmond men's tennis coach, was sentenced to 60 months in prison yesterday for attempted receipt of child pornography. Gerstenfeld, 48, had been facing five to 20 years when sentenced by U.S. District Judge Henry E. Hudson. In papers filed with the court, the government recommended the minimum sentence of five years, noting a plea agreement in the case.

According to a statement of facts filed in the case, Gerstenfeld admitted using his credit card in 2006 to buy access to Web sites featuring girls between the ages of 12 and 17. He also said that while surfing the Internet, he saw images of children having sex with adults.

The statement of facts said an examination of his University of Richmond computer found hundreds of images of child pornography. "Many of these images depicted actual children whose identities have been cataloged by" the National Center for Missing and Exploited Children, authorities said.

Gerstenfeld resigned his job at UR because of the charge. In papers, his lawyer, Debra D. Corcoran, argued that testing showed Gerstenfeld does not have a sexual interest in children but that he does have an addiction to pornography.

"A long prison sentence cannot make him feel more shameful or guilty than a shorter term; more prison time is not necessary to deter him from committing the act he is charged with again," wrote Corcoran, arguing for a more lenient sentence than otherwise called for.

Two Arrested in Drug Shooting of Teen: Third Sought by Chesterfield Virginia Police

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8695 — Thu, 21 May 2009 08:00:00 EST

Chesterfield County police arrested two men, but are seeking a third in a drug-related shooting the night of May 18th that seriously injured a county teen.

Andre C. Russell, 28, of the 1700 block of Theresa Lane in Powhatan County and Erik A. Farmer Jr., 18, of the 100 block of Southwick Boulevard in Chesterfield were arrested. Russell has been charged with conspiracy to commit robbery, conspiracy to commit aggravated malicious wounding and accessory before the fact. Farmer is charged with attempted robbery and conspiracy to commit robbery. Police are still searching for Kevin Bernard Ragsdale, 21, of the 1400 block of Creekglen Way in Chesterfield.

Police said the unidentified 18 year old shooting victim answered a knock on the door and allowed three men inside. At that time, one of the men told the victim to give him "everything he had" as another fired a gun, striking the victim, police said. The three men then fled.

Richmond Police Drop Charge Against Driver Charged in Police Cruiser Crash

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8672 — Wed, 20 May 2009 08:00:00 EST

Richmond police have reversed course and cleared a woman they originally charged in a predawn wreck last week on Hull Street Road that left an officer injured with neck damage. The officer, Mark Levy remains hospitalized and has been placed in a halo. He was listed in stable condition yesterday at VCU Medical Center, and his boss said he expects Levy to return to work after several months of recovery.

Richmond Police Chief Bryan T. Norwood said that his department was continuing its investigation of the crash and had withdrawn a charge of failure to yield the right of way that had been filed against Latoya D. Carter, 27, of Richmond. Shortly after citing Carter after Friday's 4:24 a.m. collision, police found information on the computer of officer Levy's Ford Crown Victoria that indicated he was traveling 98 mph at the time in his marked cruiser while responding to a Code 2 -- or non-emergency -- call, sources said.

Levy, who according to sources was not wearing a seat belt, was hospitalized with broken bones in his neck after the collision, which occurred near Hull Street Road's intersection with Swanson Road.

Police said Levy was eastbound on Hull Street Road when Carter's Chevrolet Malibu turned onto Hull from Swanson into the officer's path. The officer's Ford hit the Chevrolet, went off the road and slammed into a brick fence in the 5500 block of Hull.

It could not be determined whether the police car's emergency lights or siren were activated.

Henrico County Football Coach Arrested on "Sexting", Other Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8669 — Wed, 20 May 2009 08:00:00 EST

Details are unclear at this point, but an Henrico County (Virginia) high school football coach surrendered to police ton May 19th (2009) to face five felony charges alleging inappropriate conduct with a female student at the school. William Macgregor "Mac" Leighton, 31, faces decades in prison if convicted of five felony charges stemming from a relationship with an underage female student at Tucker that authorities say began that same October. "We believe the relationship began in October; it came to our attention earlier this year," Henrico police Lt. Doug Perry said.

Police said two of the charges allege that Leighton sent text messages from a cell phone soliciting pornographic material from the student. Three additional felony counts allege Leighton took indecent liberties with the same minor while in a custodial role.Leighton taught social studies and history at Tucker, according to the school's Web site.

The charges come as Henrico has drawn attention over an outbreak of so-called "sexting" episodes in which students, some in middle school, have sent sexually explicit images of themselves to friends by cell phone. Prosecutors in many jurisdictions across the country have been reluctant to prosecute the cases because they do not clearly violate pornography statutes and because most of the images are taken and sent voluntarily to other minors. In Virginia, some legislators are considering possible language that would address sexting in criminal laws.

Chesapeake Man Convicted of Involuntary Manslaughter of Police Officer

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8620 — Tue, 19 May 2009 08:00:00 EST

A Virginia jury on Wednesday convicted Ryan Frederick of voluntary manslaughter in the shooting death of a police officer during a no-knock drug raid. Prosecutors asked for and the jury recommended a 10-year prison sentence for the 28-year-old resident of Chesapeake. The trial judge will make a final determination in a May hearing.

The jury did not convict Frederick of capital murder as prosecutors had sought. Nor was he found guilty of marijuana production -- the police raid was in search of an alleged grow -- but only of possession of a small amount of pot.

On January 17, 2008, local police executing a search warrant based on the word of questionable snitch -- who admitted burglarizing Frederick's home days earlier -- began breaking down Frederick's door. Saying he thought he was under assault from violent unknown intruders, he picked up his rifle and fired a shot through the door, killing Officer Jarrod Shivers, whose job it was to break down doors during raids.

In an interview following his arrest Frederick said he was sleeping in a back bedroom because his job as a soft drink merchandiser required him to get up early. His dogs, Dora and Bud, were in the house. He woke up because his dogs "were barking like crazy. They're going like really crazy, so I grab my gun. As I'm walking through the hall, someone comes busting through my door." Intruders were pushing through the bottom panels of the four-panel door, he said. The lighting in the house was dim. Frederick said he didn't hear anyone say "police" or see identification. "I was like, 'Oh, God, if I don't shoot, then he's going to kill me'... I think I shot twice. I can't remember. It happened so fast. All I know is the gun jammed." Frederick said he then went back to the bedroom to get a telephone. When he realized police were outside, he walked out of the house and surrendered.

In tears at times, Frederick said he doesn't grow or sell marijuana. He had a smoking bong and a small bag of marijuana, he said.

The raid and its unfortunate outcome for all involved added to rising concerns among civil libertarians and drug reform advocates about the apparently routine resort to SWAT-style tactics employed against small-scale drug offenders and, all too often, completely innocent parties.

Intoxicated Staunton Man Convicted of Manslaughter in Crash

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8624 — Tue, 19 May 2009 08:00:00 EST

February 28, 2009

A Staunton man was found guilty by an Augusta County Circuit Court jury Friday of involuntary manslaughter in the May 2008 accident on Route 340 that killed 40-year-old Cheryl Lynn Sheaves of Grottoes. The 11-woman, one-man jury recommended a four-month sentence for Jeremy Rasnake, 21. He will be formally sentenced on March 26. The jury could have recommended a sentence of up to 10 years in prison and a $2,500 fine. Sheaves died the next day at the University of Virginia Medical Center as a result of her injuries.

Rasnake was driving a blue 1988 Ford Bronco north on Route 340 between Old White Hill Road and Kill Deer Lane on May 23 when, according to testimony, he fell asleep at the wheel, drifting across the center line before colliding head-on with a silver 1994 Ford Thunderbird driven by Sheaves.

Reckless Driving Results in 4 Deaths in Virginia

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8653 — Mon, 18 May 2009 08:00:00 EST

Traffic accidents happen frequently, and unexpectedly. Over 145,000 traffic accidents occurred in Virginia in 2007. The ones in which people are seriously injured or killed, such as this one on March 22, 2009, are tragic. Especially if they could be avoided with a little care.

Four people died after a head-on collision early yesterday between a sport utility vehicle and a sedan on state Route 3 near Stevensburg in Culpeper County.Virginia State Police spokesman Sgt. Les Tyler said the accident was reported around 2:50 a.m. The victims were identified as Tyler Scott Harlow, 20, and Joseph Lee Sahnow, 20, both of Ruckersville; Tianna V. Jones, 19, of Stanardsville, and James B. Cook, 21, of Marshfield, Vt.

Tyler said all four died at the scene about a tenth of a mile east of state Route 739. Harlow, the sedan driver, and Jones were wearing seat belts; the two other victims were not, state police said. A fifth passenger in the Toyota, 27-year-old Howard John Steiniger of Fredericksburg, was taken to Mary Washington Hospital in Fredericksburg before being transferred to a Richmond-area hospital. His condition was not available yesterday evening.

According to Tyler, 29-year-old Eugene T. Green of Culpeper was driving his SUV the wrong way, headed westbound in the eastbound lane of the two-lane stretch of highway, when the vehicles collided. Green, who Tyler said was not wearing a seat belt, also was taken to Mary Washington Hospital. Green's condition was also not available yesterday evening.

The accident prompted authorities to close the highway and detour traffic for about six hours while they cleared the scene and investigated the incident.

Virginia Highway Accidents Result in Fatalities

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8631 — Mon, 18 May 2009 08:00:00 EST

Virginia highway deaths are lower than at this time last year, but rose by three to 244 over the past weekend.

Virginia State Police said Miranda L. Holder, 29, of Bluemont was killed Saturday when the pickup she was driving left state Route 7 and struck a tree at 4 a.m. She was not wearing a seat belt, police said.

Noemi Orellana Nogales, 20, of Sterling died Friday after the car she was riding in slid sideways and was struck by an oncoming vehicle on Lincoln Avenue at 10:38 p.m. Nogales, who died at the scene at 11:15 p.m., was wearing a seat belt, police said.

The State Police also reported three other recent fatalities:

In King and Queen County on Thursday, 65-year-old John B. Oliver of Saluda died when his car crossed the centerline and struck a dump truck, police said. The collision on state Route 14, a mile east of state Route 605, occurred at 12:08 p.m. Oliver was wearing a seat belt, police said.

Brandon C. Dotson, 21, of Honaker died in Russell County on Friday when his motorcycle left state Route 80, near state Route 67, while passing another vehicle and struck a rock. He was wearing a helmet, police said.

Joey Lamar Williams, 31, of Danville died Thursday after a crash Wednesday. The car he was driving left the road and struck a tree in Prince Edward County on U.S. 360, just west of state Route 750, at 8:20 p.m. Williams was not wearing a seat belt, police said.

Man Indicted for Manslaughter in Traffic Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8619 — Mon, 18 May 2009 08:00:00 EST

A Carroll County Grand Jury indicted Stephen Edwin Towe for aggravated involuntary manslaughter and four other charges Monday relating to the Oct. 17, 2008 wreck that killed a North Carolina woman in Woodlawn.

Stephen Edwin Towe, 41, was found guilty of a misdemeanor offense of DUI, possession of marijuana and driving on a suspended license on Feb. 17 in Carroll County General District Court relating to the accident. According to the Virginia State Police reports, the accident occurred as the 2001 Oldsmobile Aurora that Towe was driving struck a 2007 Chevrolet Cobalt driven by Ashley Nicole Whitaker on Woodlawn Road. Passenger Jessica Ruth Bowyer, 26, of Middlesex, N.C., was killed at the scene of the accident.

Towe also waived his preliminary hearing on several other charges during the Feb. court hearing. On Monday, he was indicted for reckless driving, involuntary manslaughter, two counts of maiming of another resulting from driving while intoxicated, and aggravated involuntary manslaughter.

Teen Convicted of Manslaughter in Passenger's Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8618 — Sun, 17 May 2009 08:00:00 EST

A judge finds a driver involved in a deadly crash in Albemarle County in September 2008 guilty of involuntary manslaughter. The verdict was handed down around 4:30 pm in the Albemarle County Circuit Court.

18-year-old Nathan Jon Peters of Palmyra went off the road last September and crashed into a tree in the 1500 block of the Thomas Jefferson Parkway. Witnesses testified that Peters's Dodge was traveling at speeds of at least 80 mph on the windy, two-lane parkway.

The impact killed the passenger inside the vehicle.

Richmond Police Arrest Two in Shockoe Bottom Armed Robbery: Seeking Third

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8617 — Sun, 17 May 2009 08:00:00 EST

Charlene T. Scott, 20, and Michael A. Charity, 22, have been arrested in Wednesday's (May 13) armed robbery of the Buffalo Wild Wings restaurant in Richmond's Shockoe Bottom entertainment area. An arrest warrant is outstanding for Arshad Suluki, 19, in connection with the case.

Police said the three, dressed in all black clothes and hoods, went to the restaurant at 1501 E. Cary St. before it opened for the day, entered through an unlocked rear door and demanded money from three employees. One employee was assaulted and suffered minor injuries during the robbery. The robbers forced the employees into the freezer and fled on foot toward Church Hill.

Fatal Accident Leads to Manslaughter and DUI Third Offense Indictments

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8621 — Sun, 17 May 2009 08:00:00 EST

May 8, 2009

JAMES CITY - Christopher Mellis, fresh off a Friday night shift at Paul's Deli in Williamsburg, was driving alone in his Chrysler Cirrus about 11:30 p.m. April 10 when he was struck head-on by a Jeep Liberty. The Jeep didn't have its headlights on, a witness said. Another car narrowly missed being hit. Mellis didn't have time to swerve.

The first person to get to the 19-year-old found him pinned inside the vehicle – in the back seat.

Dana Clay testified that on April 10, stopped at the intersection of Richmond and Barnes roads, she saw Mellis' car spin three or four times before coming to a stop. She told a Williamsburg-James City County courtroom Thursday she froze for an instant. Then she called 911.

"I went over to the car that got hit," Clay said. "The person was in the back seat. The dispatcher asked if I knew first aid. I told her 'No,' so she said to do nothing."

Waiting for police and medics to arrive, Clay said she rushed to the Jeep. She found the door open and no one inside. She never saw the driver and he never came back to his vehicle, Clay said.

About 10 minutes later, Jason Watkins, a firefighter and medic with the James City County Fire Department, arrived on scene. Watkins told the court Mellis was still pinned in the back seat of his car when he was pronounced dead.

James City Police Officer Chris Gibson arrived about the same time as Watkins. Gibson said several vehicles and witnesses had gathered at the scene. Among the crowd was Matthew Burch, Gibson said.

"He had a strong smell of alcohol about his person," Gibson testified, during a preliminary hearing Thursday into whether Burch would face felony involuntary manslaughter and DWI charges as a result of Mellis' death. Burch has two previous DWI convictions on his record, making the third a felony, if convicted.

Dressed in an orange jumpsuit and shackled, Burch said nothing during the hearing. He sat motionless, as Watkins and Gibson both pointed him out to the court as the man arrested after the crash.

Watkins testified Burch was "confused about his time and place" and had an "altered mental state" during the ambulance ride to a local hospital. He suffered a "couple small, non-bleeding cuts" to his head, Watkins said.

The night of the accident, Burch refused a Breathalyzer, but a vial of his blood tested at a local hospital showed a blood alcohol concentration of between .19 and .23, testified Dr. Les Edinboro, a forensic toxicologist. The legal limit in Virginia is .08.

"On the conservative side of that, you'd see a loss of inhibitions ... poor glare recovery, double vision ... a significant impairment of motor abilities," Edinboro told the court. "Taking all that into context, you're going to have a very dangerous situation for driving," especially at night, he said.

After hearing testimony from five witnesses, Williamsburg-James City County District Court Judge Colleen Killilea certified Burch's charges to a grand jury. If indicted, Burch is scheduled to appear in circuit court in July.

Burch had faced a number of other misdemeanor charges, including possession of marijuana, but prosecutors have dropped those charges, although they could be filed again. Burch is being held at the Virginia Peninsula Regional Jail without bond.

Parents Need to Be Alert for Kids' "Pharm" Parties

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8595 — Fri, 15 May 2009 08:00:00 EST

By Lisa Crutchfield, Richmond Times Dispatch
Published: May 15, 2009

Rather than bringing snacks and sodas to some parties, teens are bringing whatever prescription pills they can glean from around the house.

They'll mix them in a bowl and then grab a handful of this "trail mix" without knowing what they're ingesting.

Pharming parties, as they are known, are gaining popularity, said Denise Miller of the Henrico Too Smart 2 Start Coalition.The trend was brought home earlier this week, when news reports focused on students at two Henrico middle schools sharing the prescription drug Adderall with friends.

Henrico's Too Smart Coalition held a Town Hall meeting last night at Hermitage High School to draw attention to what appears to be a growing national problem. The group's mission is to heighten youth and parental awareness of substance-abuse prevention and to reduce at-risk behaviors among Henrico County residents. Guest speaker Aleta Meyer of the Prevention Research Branch of the National Institute on Drug Abuse told the group:

Drug-induced deaths in the United States outnumber homicides or suicides.

Chances of injury or risky sexual behavior increase greatly with drug use.

More than 30 percent of pain prescriptions written after molar extraction -- typical for teens having wisdom teeth removed -- are refilled, necessary or not.

"People may think drugs are fun and easy, but they impact the ability to act on free will," she said.

Prescription and over-the-counter drug abuse is prevalent among young people, said James Carter, a student at Varina High School who works as a student ambassador for the coalition. "People think it's a joke," she said. "Or maybe they see everybody else doing it so they think they should do it."

Another student, Brendell Carter, who attends Virginia Randolph High School, said popping pills was something students could usually do without getting caught."You can't smoke weed at school, so they do that instead," she said. "I saw somebody do it before. They took like 17 Extra Strength Tylenol trying to feel good."

Most of the parents in the audience of about 70 seemed aware of the problem. They were looking for solutions. Meyer said certain measures can ensure children's safety. Some, such as eating dinner four times a week as a family, are simple and have been proven to reduce risky teen behavior.

She also offered other suggestions to parents, including talking and listening to children, being awake when they come in at night and disposing of or locking up medications.

Henrico Charges Middle Schoolers in Drug Distribution Probe

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8580 — Thu, 14 May 2009 08:00:00 EST

Sixteen students from Byrd and Tuckahoe middle schools in Henrico County have been charged with distributing and/or possessing the prescription drug Adderall, a psychostimulant used to treat attention deficit hyperactivity disorder (ADHD). Adderall can be abused and may be habit-forming. Improper use can cause serious side effects to the heart and death.

A total of 32 charges against the 16 students have been lodged stemming from the distribution of the drug on April 24 and April 30 according to a police spokesman. The police did not release the names or ages of those arrested because they are juveniles, but middle schools hold classses for students in grades 6 through 8, and the typical student age ranges from 11 to 14.

Of the 16 kids involved, 13 were Byrd Middle School students and the other 3 attended Tuckahoe Middle School.

Accident on I-95 Slows Rush Hour Traffic

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8577 — Thu, 14 May 2009 08:00:00 EST

A two-vehicle wreck on April 14th slowed rush-hour traffic on Interstate 95 southbound near the junction of Interstate 64 westbound at Bryan Park. The wreck occurred about 7 a.m. near I-95's exit 79 and involved a pickup truck and a passenger car. No injuries were reported, but southbound I-95 traffic quickly backed up as Virginia State Police worked to clear the wreckage.

One Killed, Two Seriously Injured In Early Morning Richmond Collision

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8578 — Thu, 14 May 2009 08:00:00 EST

One man was killed in a two-car wreck early in the morning on April 11th in South Richmond.

About 2:15 a.m., a pickup truck headed north on Jefferson Davis Highway hit a car turning south from Atwell Lane onto Jefferson Davis, police said. The car's driver, Santo Ruben Almas-Herrera, 48, of Chesterfield County, died at the scene. A passenger in his car was taken to the hospital and was listed in critical condition, police said.

The driver of the pickup was hospitalized in stable condition.

Halifax Couple Die in Jeep Collision

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8573 — Thu, 14 May 2009 08:00:00 EST

We offer our condolences to the family of Gary and Rachel Anderson of Halifax County. Although both were wearing seat belts, they died in a single-vehicle crash May 9th when their Jeep left the road and struck a tree.

Passenger Dies When Minivan Hits Tree

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8574 — Thu, 14 May 2009 08:00:00 EST

We offer our condolenses to the family of James M. Barnes of Colonial Beach. Mr. Barnes was killed Saturday night, May 2nd, when the minivan in which he was riding ran off the road, causing the rear of the vehicle to strike a tree on state Route 202 in Westmoreland County. He died at the scene. Police said he wasn't wearing a safety belt.

Accident at Exit 79 on I-95 Results in Injuries

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8576 — Thu, 14 May 2009 08:00:00 EST

A single-vehicle accident with injuries prompted Virginia State Police to close an Interstate 95 exit ramp at the Bryan Park interchange in Richmond for a short period before dawn on April 30th.

The accident was reported shortly after 5 a.m. at the Exit 79 interchange and involved two injuries, police said. Both victims were taken from the scene by ambulance.

State police closed the left lane of southbound I-95's ramp to westbound Interstate 64 after the accident. The lane, which feeds traffic onto Interstate 195, was reopened about 6:30.

Virginia Crime Lab Will Re-Test DNA Samples from Old Cases

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8581 — Thu, 14 May 2009 08:00:00 EST

Additional DNA testing for possibly 400 Virginia cases may be required to validate the results of a groundbreaking project aimed at clearing people wrongly convicted of crimes decades ago. The Virginia Forensic Science Board recently learned that retesting is necessary because the outside laboratory that performed the initial work did not "consume" all of each sample to get the best results possible.

The Department of Forensic Science has already spent $1.4 million since 2005 for wages and for testing in more than 300 cases. The testing was ordered by former Governor Mark Warner after DNA testing of biological material found in a sample selection of 31 old forensic case files cleared two men of rapes for which they were wrongly convicted. DNA testing was not available at the time they were convicted.

A spokesperson for the Department of Forensic Science said that of the 406 cases for which there are preliminary DNA test results, the department's staff has thus far produced certificates of analysis in 91 cases. Of the results studied, in 10 cases, the convicted person was excluded -- but not necessarily cleared. In 25 cases, the convicted person's DNA was identified, and in 33 cases, there was insufficient data to reach a conclusion.

So far, one person has been pardoned, and another is seeking a writ of actual innocence from the Virginia Supreme Court.

Virginia's 21-Day Rule Ignored by Hampton Judge: Frees Jailed Innocent Man

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8583 — Thu, 14 May 2009 08:00:00 EST

In many states, newly discovered evidence of innocence can be taken years later to the same court in which an inmate was convicted so his name can be cleared.

However, that is not the case here. The Rules of the Supreme Court of Virginia provide that in all cases -- civil and criminal -- a trial court has only 21 days after verdict or final order to amend or vacate its ruling. After that time, the court has no jurisdiction over the case. The purpose of the rule is to "finalize" cases rather than have the issues being re-opened after a time, and this rule has been strictly maintained.

While that may work well for civil cases in which only money is at risk, when a person's life or freedom is at stake, the 21-day rule can prove harsh. For instance, a person convicted of a crime may not be aware of evidence that could prove his innocence until after the 21-day period has expired. In such a case, most judges would be bound not to hear further evidence or re-open the case. But, there are rare exceptions.

On September 10, 2007, in Hampton Circuit Court, Judge Louis R. Lerner tossed out the 2001 robbery conviction of Teddy P. Thompson. Hampton Commonwealth's Attorney Linda D. Curtis said that once officials learned Thompson was innocent, it was important to get him out of prison. "We did what we did to get him out," she said.

Although Thompson recently received a $250,000 compensation from the General Assembly, he remains convicted of the crime. Conceivably, he could be returned to prison to serve the remainder of his sentence.

Insurance Companies Are Fooling Government

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8592 — Thu, 14 May 2009 08:00:00 EST

Examine your auto insurance company a little more closely!

The Washington Post reports that several have qualified for TARP funds to keep afloat. In other words, they are going to receive -- at our tax dollar expense -- federal funds to stay in business.

This seems very strange when insurance company claims agents are consistently "low balling" Virginia claimant's injured on I-95, I-64 and I-295! The insurance companies are saving money by delaying payouts to legitimate claims, and then telling the feds they will fail if they don't get help.

They're forcing injured people and their families to wait longer to be compensated for their injuries or wrongful deaths, and collecting daily interest on their investments to build their coffers and pay the people that operate them millions in yearly salary.

If you have been injured, or a family breadwinner killed, in an auto accident, retain an aggressive and experienced attorney to protect your rights.

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)8402 — Fri, 01 May 2009 08:00:00 EST

Google Earth Helps Swiss Police Find Pot Farm

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7187 — Thu, 29 Jan 2009 08:00:00 EST

Add Google Earth to the arsenal of crime detection weapons!

On January 29th, Swiss police revealed they stumbled upon a marijuana-growing plantation using Google Earth, the search engine company's satellite mapping software. Hidden inside a field of corn, the marijuana production area measured approximately 2 acres.

As part of a larger investigation begun last year, police were using the software to locate two farmers suspected of participation in the distribution ring, and the growing field was discovered. Sixteen people have been arrested in connection with the police investigation, and more than a ton of marijuana valued at three-quarters of a million dollars was seized.

Man Accused of Making Drug Deal at Police Station

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7186 — Thu, 29 Jan 2009 08:00:00 EST

An unidentified 24 year old man who was on probation for an attempted robbery conviction apparently is not too swift. The Associated Press reports that the man was speaking on his cell phone in an Everett, Washington police station toilet stall trying to make a drug sale. A plain clothes officer using the facilities overheard him. Upon further questioning, the man admitted trying to sell drugs and turned over his "inventory" to the police. He was jailed on charges relating to drug posssession with intent to distribute.

VCU Police Chief Arrested in Chesterfield Internet "Sting"

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7184 — Thu, 29 Jan 2009 08:00:00 EST

Mark Bowes and Karin Kapsidelis
Richmond Times-Dispatch
Janaury 29, 2009

Virginia Commonwealth University Police Chief Willie B. Fuller has been arrested in an online sting operation in Chesterfield County and charged with soliciting sex from a 14-year-old girl, police said today.

Police said Fuller, 50, was arrested last night at his home in the 9000 block of Meadowfield Court in Henrico County. He was charged with two counts of using a computer to solicit sex from a minor and two counts of attempted indecent liberties with a minor.

His arrest resulted from a sting operation that involved undercover detectives going to online chatrooms or other Internet sites popular with juveniles. The detectives then create fictitious posts and pose as minors.

Although police declined to provide more specific information in this case, meetings are usually arranged between the detectives and the people with whom they communicate, most of whom are seeking sex.

Chesterfield Police Maj. Dan Kelly said Fuller clearly believed he was communicating with a 14-year-old girl.

"I’m not sure which [Internet] medium the detective was using at the time it occurred," Kelly said. "But it was part of our ongoing online efforts in these areas. When time permits, our detectives trained in this area will utilize their time and go online."

Kelly declined to say when Fuller made contact and over what period of time.

"We’re going to wait to talk more about the investigation at a later time," he said.

Fuller is being held without bond in the Chesterfield Jail pending a pre-trial hearing this afternoon in Chesterfield Juvenile and Domestic Relations District Court.

VCU suspended Fuller without pay and appointed Carlton Edwards, a VCU police captain, as interim chief.

"We've taken action," said VCU Rector Thomas Rosenthal. He said he received a call from university President Eugene Trani this morning about the arrest.

"We regard this situation as extremely serious," Trani said in an alert sent to member of the campus community. "We have taken aggressive action to address it, and we will cooperate in all appropriate ways with the Chesterfield County Police investigation."

Fuller came to VCU as police chief in 2000 from Virginia State University, where he was also police chief, said John M. Bennett, VCU senior vice president for finance and administration. Fuller also previously worked for VCU police.

Bennett said VCU instituted criminal background checks on all employees at some point after Fuller was hired, but he said he knew of no complaints against him.

He also said he did not know if any VCU computer equipment had been taken by Chesterfield police from Fuller’s home. Bennett said VCU did not plan its own investigaton.

Chesterfield Police Chief Thierry Dupuis notified VCU officials this morning of Fuller’s arrest, Bennett said. The board of visitors was notified and about 30 minutes later VCU President Eugene Trani alerted the university community by e-mail.

Bennett said Edwards, the acting chief, had been with VCU for 24 years and was the most senior captain on the force, which has 82 officers. Bennett said he met with the officers this morning and "they are stunned and shocked, as we all are."

But he said there will be an orderly transfer of power. Edwards had filled in as chief previously when Fuller was on medical leave.

Fuller was an art student at VCU in the 1970s and worked as a student security officer. In a 2003 interview with The Times-Dispatch, he said it was from that experience that he found that he liked police work.

Mother Charged With Child Endangerment and DUI

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7153 — Wed, 28 Jan 2009 08:00:00 EST

By Mark Bowes, Richmond Times-Dispatch

Published: January 28, 2009

A Chesterfield County mother accused of driving drunk with her 9-month-old son unbelted in his child-safety seat has been indicted on a felony child-endangerment charge.

A Chesterfield Circuit Court grand jury returned the indictment Jan. 20 against Daphne N. Holt, 25, who also is charged with driving while intoxicated for a third time since December 2003.

Authorities say Holt was stopped Oct. 10 about 9:30 p.m. at Hull Street and Winterpock roads after a police officer observed her driving erratically on Woodlake Village Parkway. She failed a sobriety test and was charged with felony drunken driving, because it was her third such offense.

The officer found Holt's infant son unbuckled in his child seat, which wasn't secured to the seat of her car, Chesterfield police Lt. Randy Horowitz said.

The officer also determined that Holt was driving on a suspended driver's license, which had been revoked for three years after her second drunken-driving conviction two years ago.

Holt was fined $250 and sentenced to six months in jail, all suspended, for her first DUI conviction in February 2004, and fined $500 and sentenced to six months in jail with five months and 10 days suspended for her second DUI conviction in December 2006, according to court records.

Holt also has numerous convictions for speeding, reckless driving, driving on a suspended license, failing to follow court instructions and being in contempt of court, records show.

She is scheduled to appear March 5 in Chesterfield General District Court on the felony DUI charge. A Circuit Court trial date has not been set in the child-endangerment case.

More Details Surface in Death of Henrico Infant

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7154 — Wed, 28 Jan 2009 08:00:00 EST

By Bill Mckelway, Richmond times-Dispatch

Published: January 28, 2009

Henrico County authorities revealed yesterday that the only gun taken from a Watts Lane home where a 2-year-old boy supposedly shot himself Sunday was a .22-caliber rifle.

Henrico police and Commonwealth's Attorney Wade Kizer declined to add further details about items recovered from 1904 Watts Lane on Sunday night or about how Kristofer Jefferson suffered a fatal bullet wound there.

Kristofer was one of eight children age 14 or younger living at the small home with their mother and grandmother. At least two other adult males were in the home at the time of the shooting, sometime before 5 p.m.

The grandmother, Denise M. Jefferson, 57, is being held without bond on a felony child-neglect charge and a misdemeanor charge of keeping a loaded weapon within reach of a child.

Adults in the home on Sunday, including Denise Jefferson, told police the children found a gun in the backyard and that sometime later one of the children reported that Kristofer had shot himself.

Denise Jefferson declined to call police, she told investigators, because "the police would not help." Some members of the family have a history of encounters with law-enforcement officers.

Kristofer died about six hours after the shooting at VCU Medical Center, where he had been taken by a male occupant of the home, according to a search-warrant affidavit.

Kizer declined yesterday to comment directly about the likelihood of a 2-year-old child being able to shoot himself with a rifle, saying only that the rifle was the only weapon found inside the home.

Contents of a search warrant made public yesterday also show that police confiscated a pit bull, three boxes of .22-caliber cartridges, a single .22-caliber casing, a bullet, a jacket with a red stain, and a plastic bag of 7.62-caliber cartridges.

State Police Captain Has Hearing Date Set

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7156 — Wed, 28 Jan 2009 08:00:00 EST

By Staff Reports, Richmond Times-Dispatch

Published: January 28, 2009

A March 24 preliminary hearing was set yesterday for a Virginia State Police captain charged with forcibly sodomizing a juvenile girl more than five years ago.

Capt. Edward L. Hope Jr., 52, made a brief video appearance yesterday in Chesterfield County Juvenile and Domestic Relations District Court via closed-circuit television from the county jail. Defense Attorney Michael HuYoung told the court he had been retained by Hope's family to represent him.

HuYoung did not seek to have Hope released on bond, so he remained incarcerated last night. Hope, a 30-year state police veteran, was arrested at department headquarters Monday. He is accused of sodomizing a girl younger than 13 between September 2002 and September 2003.

Hope has been placed on administrative leave without pay pending the outcome of the case. Until his arrest, he was commander of the department's Information Technology Division.

Doctor Loses Medical License

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7164 — Wed, 28 Jan 2009 08:00:00 EST

By Elizabeth Simpson
The Virginian-Pilot
© January 28, 2009

Dr. Stephen Plotnick, a Virginia Beach physician accused of contributing to a series of patients' deaths by improperly prescribing and monitoring powerful painkillers, has agreed to surrender his medical license for at least two years.

In a consent order filed with the Virginia Board of Medicine on Tuesday, Plotnick also agreed that if he wants his license reinstated, he will be required to go before the board to prove his competence and he will not be allowed to treat chronic-pain patients.

Plotnick had been scheduled to appear before the board today for a formal hearing about the status of his license, which was suspended Aug. 6. He agreed to the consent order in lieu of the hearing.

"Given the adverse publicity surrounding the anticipated hearing, and not wishing to subject his family to any further public scrutiny, he decided that the Consent Order would represent a compromise between what he wanted and what the Board might seek," his attorney, Michael Goodman, said in an e-mail Tuesday.

The board can take a variety of actions against a doctor, including revoking a license, suspending it, requiring corrective action, issuing a reprimand or monetary penalty, or placing limits on a practice.

Plotnick, who has practiced in Virginia since 1993, treated thousands of local patients for chronic pain. He specialized in fibromyalgia, a little-understood disorder characterized by widespread pain and heightened sensitivity to touch. He was known for his aggressive treatment and often prescribed powerful narcotics.

In addition to the Board of Medicine's complaints against him, Plotnick has been named as a defendant in six malpractice lawsuits, one of which has been settled.

The board alleged that Plotnick failed to document treatment plans and repeatedly renewed prescriptions without examinations.

He also was accused of neglecting to require written contracts with his patients who were taking narcotics and not dismissing patients for noncompliance. He continued to prescribe medications even though patients had exhibited suicidal thoughts and after family members told him that their relatives were overmedicated.

The board's records detail the deaths of five patients between 2004 and 2008 from overdoses or toxic mixtures of drugs prescribed by Plotnick. In one case, a patient came to his office, "confused, falling down, exhibiting slurred speech, was 'zombie-like' and complained that all she did was sleep."

That patient died later the same month from a combination of drugs Plotnick had prescribed.

"I neither admit nor deny the truth of the above Findings of Fact, but agree not to contest the above findings in any future proceeding before the Board," Plotnick's consent order reads.

He is required to notify all his patients of his suspension, as well as any hospitals or health insurance companies he does medical business with.

The order notes that Plotnick already has taken action to get more education on pain management and record keeping. He completed a three-day seminar in August on "boundary violations and accountability" in New Jersey.

He also attended a two-day seminar in October on interpersonal skills and improving communication with patients.

Goodman said there were numerous patients, friends and colleagues who were supportive and willing to testify on Plotnick's behalf at the formal hearing.

"He is a very compassionate man who, despite the pejorative allegations, truly cares about his patients," Goodman wrote in his e-mail. "While a Board hearing would have given him the opportunity to articulate his position on pain management and treatment in general, and specific to each case, he recognizes that the use of controlled substances to treat chronic and oftentimes intractable pain is both controversial and often misunderstood."

A message left on Plotnick's home telephone Tuesday was not returned.

Some former patients have said he saved them from years of debilitating pain and his prescriptions helped them live normal lives. One comment on an online chat group read, "He truly cares, he listens, he works with you."

Former Inmate Sues Portmouth

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7165 — Wed, 28 Jan 2009 08:00:00 EST

By Janie Bryant
The Virginian-Pilot
© January 27, 2009

PORTSMOUTH

A former City Jail inmate who lost his foot after an accident that occurred while he was on a work crew is suing the city and the employee who was driving one of its trucks.

William A. Smith alleges that he was stepping off of one of the city’s waste management trucks in August of 2007 when the driver unexpectedly drove off, causing him to fall.

The lawsuit states that the truck ran over Smith’s lower right leg. He is seeking $750,000 in damages. The incident happened at Long Point Boulevard and Sailfish Street, according to the legal complaint. The lawsuit names the City of Portsmouth and the driver, Maurice Riddick.

Smith was hospitalized at Bon Secours Maryview Medical Center for nine days, according to an incident report, said Lt. Karin Johnson, a spokeswoman for the Portsmouth Sheriff’s Office.

Smith’s attorney, Neal C. Schulwolf, said none of his medical bills have been paid.

Johnson said Smith was transferred to the Hampton Roads Regional Jail because it is better equipped to handle medical issues.

He is currently in the regional jail time serving time on trespassing charges and probation violation.

Sheriff Bill Watson said recently that work crews no longer help with garbage collection and other city jobs. Watson objected to deputies being left out of the city’s effort to raise the pay of public safety officers.

Adopted Daughter Allowed to Inherit from Biological Father's Estate

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7167 — Wed, 28 Jan 2009 08:00:00 EST

A decedent’s biological daughter, adopted in Pennsylvania at age two by her stepfather, can inherit from decedent, who died intestate, a share of his personal property and of real property he owned in Virginia at the time of his death, a Prince William Circuit Court says.

Although the biological daughter would not have been allowed to inherit under Pennsylvania law, under Virginia's laws of intestate distribution, she did qualify as her natural father's heir, and therefore was entitled to share in his intestate estate along with her biological half-siblings.

Service of Legal Notices In Cyberspace a Coming Trend?

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7172 — Wed, 28 Jan 2009 08:00:00 EST

In an apparent first in Australia and, possibly, the world, a judge has OK'd a plan to serve a default judgment on a non-appearing defendant via a social networking website.

Although service previously has been allowed by e-mail and text message, a master of the Supreme Court of the Australian Capital Territory has gone a step further into the Internet world by allowing a default judgment to be served on Facebook, reports the Sydney Morning Herald.

The court okayed the Facebook approach, a Herald Sun article explains, after all other efforts failed, according to attorney Mark McCormack, who represented the creditor side in the mortgage foreclosure case.

"The Facebook profiles showed the defendants' dates of birth, email addresses and friend lists--and the co-defendants were friends with one another," he tells the Herald Sun. "This information was enough to satisfy the court that Facebook was a sufficient method of communicating with the defendant."

To convince the court to try Facebook, the plaintiffs had to show that no other method of service would work, and that the Facebook effort was reasonably likely to succeed, he says.

"Australian courts are regarded as being amongst the most technologically advanced in the world, and this innovation goes to further that claim," the Sydney Morning Herald writes.

Supreme Court Clarifies When Police Pat-Down of Car Passengers is Permissible

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7132 — Tue, 27 Jan 2009 08:00:00 EST

Posted Jan 26, 2009
By Debra Cassens Weiss, ABA Journal

A police officer who has a reasonable suspicion that a car passenger is armed and dangerous may conduct a pat-down search without violating the Fourth Amendment, the U.S. Supreme Court has ruled.

Writing for a unanimous court, Justice Ruth Bader Ginsburg said police officers involved in lawful traffic stops need not have a belief that the passenger is involved in criminal activity before conducting a search, the Associated Press reports. The frisk is permissible if the police "harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public," according to the opinion (PDF).

At oral arguments, Justice David H. Souter had questioned whether the reasonable suspicion standard would support just about any pat-down. He asked whether officers could frisk anyone who “looks like trouble.” He did not file a dissent, however.

The case is Arizona v. Johnson. It may be viewed by clicking on the link below.

Nigerian E-Mail Scam Costs Houston Lawyer Almost $200K

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7133 — Tue, 27 Jan 2009 08:00:00 EST

Posted Jan 26, 2009, ABA Journal
By Debra Cassens Weiss

A Houston lawyer has taken a home equity loan to repay his law firm for $182,500 lost in a variation of what has become known as the Nigerian e-mail scam.

In the case of lawyer Richard Howell Jr., the scammer claimed to be a Japanese businessman who needed help collecting $3.6 million from four customers in the United States, Texas Lawyer reports. Howell checked and found websites of the collecting company and the four U.S. debtors. His firm Buckley, White, Castaneda & Howell, would get a contingency fee of one-third for any money collected. "To me, it sounded like it could be a potentially lucrative client from Japan," Howell told the legal publication.

The firm received a collections check of $367,500 and, believing the check had cleared, sent $182,500 to the supposed Japanese client in Hong Kong, according to a suit Howell’s firm has filed against Citibank in Houston court. The suit contends the check was labeled "Citibank Official Check" and a Citibank employee verified that the money had been paid, a representation that turned out to be wrong when the check bounced.

Howell told Texas Lawyer that he hopes his story will help other lawyers avoid the same mistake. "I'm a capital D Dumbass," he told the publication.

But he’s not the only lawyer to have fallen prey to the scam. Howell says he knows of another Texas lawyer who lost $300,000 in a similar check fraud. And an Atlanta lawyer, Gregory Bartko, lost $200,000 to a scammer who claimed to be from Tah Tong Textile Co., a real company that trades on the Taiwanese stock exchange, according to a report this summer. Bartko later concluded there is no connection between the company and the person who contacted him.

O'Malley Seeks Changes In DUI Laws, Driving Age

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7127 — Tue, 27 Jan 2009 08:00:00 EST

By John Wagner, The Washington Post, January 27, 2009

Maryland Gov. Martin O'Malley proposed legislation yesterday that would delay a teenager's ability to get a driver's license by three months, impose tougher sanctions on drunk drivers and expand unemployment insurance to part-time workers laid off amid the economic downturn.

The legislation was among more than 20 "administration bills," most involving little or no cost to the state, that O'Malley (D) pledged to push in the current cash-strapped General Assembly session. Bills similar to several of the initiatives have died in previous sessions.

At an afternoon news conference, the governor also reiterated support for other measures he has said will be part of his agenda this session, including repeal of Maryland's death penalty; additional measures to protect domestic violence victims from guns; and new safeguards against surveillance activity by the Maryland State Police.

"These are common-sense initiatives that protect the progress we have made, continue to improve public safety in every community and every home in our state, and provide vital resources and assistance to Maryland families struggling to make ends meet during this national recession," O'Malley said.

The package introduced by O'Malley include several measures that will probably sail through and others whose outcome is far from certain. Repeal of the death penalty is likely to generate some of the most spirited debate of the session, and several bills favored by labor unions are expected to draw opposition. One would allow unions to collect fees from workers they represent in collective bargaining, even if the worker is not a member of the union. Similar measures have failed in the past.

The proposed restrictions on young drivers include pushing back the timetable for obtaining driver's licenses. A person would have to be 16 years old to obtain a learner's permit, instead of the current 15 years and 9 months. A full "graduated" license would not be available until the age of 18, instead of 17 years and 9 months.

The bill would also place an 11 p.m. restriction on nighttime driving by those younger than 18, instead of the current midnight curfew. Several tougher penalties are included for under-18 drivers cited for moving violations. A number of bills to further restrict teen drivers died last year after opposition from lawmakers who said such decisions should be left to parents, not the government.

The legislation targeting drunk drivers would implement some recommendations of a state task force, including a mandatory one-year suspension of a driver's license for anyone convicted more than once during a five-year period for alcohol- or drug-related violations.

State Police Captain Arrested on Morals Charge

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7128 — Tue, 27 Jan 2009 08:00:00 EST

By Reed Williams

Published: January 27, 2009

Capt. Edward L. Hope Jr. is accused of forcibly sodomizing a girl in 2002 or 2003.

A Virginia State Police captain was arrested yesterday at department headquarters and charged with forcibly sodomizing a young girl more than five years ago, authorities said.

Capt. Edward L. Hope Jr. was arrested at work in Chesterfield County about 2 p.m. after an investigation by state police and Chesterfield prosecutors, said state police spokeswoman Corinne Geller.

Hope, 52, joined the state police in 1979. Until his arrest, he was division commander of the Information Technology Division and was assigned to the agency's headquarters in Chesterfield.

He was promoted to captain in March 2007.

Hope was placed on administrative leave without pay. As is standard procedure, an investigation will be conducted by state police internal affairs after the criminal probe is finished.

The arrest warrant describes the female as younger than 13 at the time of the alleged offense, which a Chesterfield sheriff's official said occurred between September 2002 and September 2003. Additional details about the case were not available.

Chesterfield Commonwealth's Attorney William W. Davenport said he was not familiar with specific details of the case and referred questions to prosecutor Duncan Minton. He couldn't be reached for comment.

"An investigation into this matter was initiated as soon as the allegation was brought to the attention of the department," state police Superintendent Col. W. Steven Flaherty said in a news release.

"To have a state police employee, especially an individual of rank, charged with a crime of this nature is most disturbing and disappointing."

Hope has a court appearance set for today at 2 p.m.

Investigation Continues in Shooting Death of Henrico 2 Year Old

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7129 — Tue, 27 Jan 2009 08:00:00 EST

By Bill Mckelway,
Richmond times-Dispatch

Published: January 27, 2009

Henrico County police say they are carefully assessing witness statements in Sunday's shooting death of 2-year-old Kristofer L. Jefferson, whose grandmother was ordered held without bond yesterday.

"We are trying to determine exactly what happened and are not certain at this point that we know for a fact what did happen," said Henrico police Lt. Doug Perry, who stressed that forensic evidence in the case is critical.

Denise M. Jefferson, a widowed 57-year-old, asked for a court-appointed lawyer yesterday at a brief court appearance, saying she has no job and cares for eight grandchildren in the one-story home she owns in the 1900 block of Watts Lane.

Jefferson, who was arrested Sunday night, is charged with felony child neglect and with a misdemeanor count alleging that she permitted a loaded, unsecured weapon to endanger a child. She faces a preliminary hearing April 13.

Kristofer Jefferson died Sunday about 11 p.m., about six hours after he was transported by a family friend from the Watts Lane home to VCU Medical Center, police said.

He had been shot in the head, according to police, who declined yesterday to provide further details about the nature of the wound or about the weapon involved.

About a half-dozen family members attended Jefferson's video appearance in court yesterday and angrily refused to talk to reporters afterwards, at one point cursing television crews.

A search warrant made public yesterday that is based on statements from three adults who were in the Watts Lane house, including Denise Jefferson, alleges that the 2-year-old found a gun in the backyard with "the kids" and then brought the gun inside.

While adults were watching a movie, another juvenile "exited another room and told those there that the victim had shot himself," the warrant says.

Denise Jefferson, according to the search warrant, "stated she did not know what happened" and did not call the police, stating "that the police would not help."

It was unclear yesterday who the parents of the deceased child are or whether they were present at the time he was shot.

Recorded Jailhouse Phone Calls Challenged

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7130 — Tue, 27 Jan 2009 08:00:00 EST

Posted Jan 26, 2009, 06:47 pm CST
By Martha Neil

A California public defender reportedly is using a novel constitutional argument to support his contention in a state-court lawsuit that the local district attorney's office is unfairly listening into conversations on public jailhouse telephones to gain information about criminal cases.

Although such eavesdropping has withstood Fourth Amendment challenge, Contra Costa County Public Defender David Coleman is arguing that it violates the Sixth Amendment. The practice, he contends, does an end run around defendants' right to legal counsel by, in effect, contacting a defendant who is known to be represented by legal counsel, according to the Contra Costa Times.

Under a five-year contract between the county sheriff's office and a private Alabama-based company, the company not only digitally records and stores pay telephone calls but pays the sheriff's office $4.2 million. (In return, the company gets all the revenue from the pay phone calls.)

Meanwhile, the sheriff's office reportedly is sharing the digital technology with the district attorney's office, allowing prosecutors to search phone records quickly for information about a specific case. Because the pay phones are located in county jails, many of those making calls discuss criminal cases.

Coleman calls the practice not only unconstitutional but a violation of state wiretapping laws and attorney ethics rules, the newspaper says. The DA's office says his lawsuit is groundless.

"I like the Sixth Amendment argument here—it's a very new twist," Jack King of the National Association of Criminal Defense Lawyers tells the newspaper. "I've been following jailhouse recording challenges for a long time and this is the first time I've seen this argument aimed at the practice itself. It's brilliant."

An oral argument is scheduled Thursday.

Two Pennsylvania Juvenile Court Judges Enter Guilty Pleas in Federal Corruption Probe

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7131 — Tue, 27 Jan 2009 08:00:00 EST

Posted Jan 26, 2009, 05:45 pm CST
By Martha Neil

Two judges in Luzerne County, Penn., have reportedly agreed to plead guilty and resign from office in an ongoing federal investigation of $2.6 million that authorities say the judges were paid between 2003 and 2007 concerning local juvenile detention facilities.

Under the plea bargain, Judges Mark Ciavarella Jr., 58, and Michael Conahan, 56, have also agreed to 87-month prison sentences, says U.S. Attorney Martin Carlson of the Middle District of Pennsylvania reports the Times Leader. Ciavarella is the county's president judge, and Conahan is a retired senior judge who still hears cases there and elsewhere.

As detailed in another Times Leader article today, the two are accused by Carlson of "engaging in a scheme to defraud the public of their honest services and with conspiring to defraud the Internal Revenue Service."

According to the Associated Press, authorities say the two jurists took $2.6 million in kickbacks in exchange for steering juveniles into specific detention facilities. After a new juvenile detention facility was opened, "the county's annual spending on juvenile placements spiraled from $2.7 million in 2002 to $7.3 million in 2004," the news agency writes.

"Carlson further alleged Ciavarella and Conahan pressured the Luzerne County Juvenile Probation Department and juvenile probation officers to detains juveniles at the detention center, despite recommendations by juvenile probation officers that detention was not warranted," the newspaper writes.

An attorney for Ciavarella says his client will not admit to all of the allegations made in the case against the judge, another Times Leader article notes.

Possible Government Deceit in 1999 Conviction Under Review

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7111 — Mon, 26 Jan 2009 08:00:00 EST

By Peter Dujardin, The Daily Press, January 24, 2009

HAMPTON - A judge has agreed to hear a civil rights activist's motion asking for an in-depth probe into the case of a man released from prison last year over a problem with evidence.

Circuit Court Judge Louis R. Lerner will allow Rudy Langford, president of the Coalition for Justice for Civil Rights, to make his case for why a special prosecutor and special grand jury are needed to investigate how police, prosecutors and a judge handled the 1999 robbery and attempted carjacking conviction of Aquil K. Wiggins.

Lerner will hear the motion Feb. 12.

Wiggins, 31, who spent nine years in prison, was released in July — with five years cut from his sentence. The release came after the revelation that prosecutors never shared with his defense attorney evidence that the only fingerprint found at the crime scene didn't match Wiggins or the victim.

Langford has also asked the court to issue subpoenas ordering several people involved in the case to appear at the hearing.

That includes Circuit Court Judge Wilford Taylor Jr. — the original trial judge who found Wiggins guilty and sent him to prison for 16 years.

If he attends, Taylor will have a short trip: He works downstairs from Lerner's courtroom. Still, Taylor might not have to abide by the subpoena: Under Virginia law, a judge is "not competent" to testify "as to any matter which came before him in the course of his official duties."

Langford has also asked for subpoenas to be issued for: Newport News General District Court Judge Richard Kerns, a former private practice lawyer who was Wiggins' defense attorney at the trial; James Schliessmann, a former assistant prosecutor who prosecuted Wiggins' case; Thomas Killilea, a Hampton police lieutenant and former detective who investigated the robbery; Chief Deputy Commonwealth's Attorney John Haugh, who handled the matter recently; and J. Robert Harris III, Wiggins' most recent defense attorney.

Wiggins and his wife, Rene, now live in Atlanta, but plan to attend the Feb. 12 hearing.

Wiggins has long insisted he did not commit the 1997 robbery outside a Hampton Food Lion.

After being contacted by Wiggins' family, the Daily Press began asking questions about the case in early 2008.

Commonwealth's Attorney Linda D. Curtis then reviewed the case, finding that a prosecutor in her office, Schliessmann, failed to share with Wiggins' defense attorney news that the fingerprint found at the scene did not match Wiggins or the crime victim, a Hampton minister.

Instead, Killilea, the Hampton detective, testified during the trial that "no usable fingerprints" were found on the car.

Though Curtis still maintains Wiggins committed the crime, her office asked the court to appoint Wiggins an attorney because of the problem with the fingerprint. That attorney, Harris, filed the motion for Wiggins' release, saying the verdict might well have been different if the evidence had been turned over.

The deal that emerged in July allowed Wiggins out of prison early if he signed a plea agreement that kept the convictions intact. Under the Alford plea, Wiggins maintains his innocence but acknowledges enough evidence exists to convict him.

Curtis has said that although Schliessmann and Killilea made mistakes, they did not intentionally withhold the fingerprint.

But Langford — who asserts the evidence was deliberately withheld and that the detective lied under oath — wants a special prosecutor to fully examine the issue.

Langford also says Wiggins was "coerced" into signing that plea agreement because it was his only chance for release.

Langford also contends that other issues need to be investigated, including the manner of the police photo spread shown to witnesses to pick out the suspect.

For example, the photo spread included several pictures that didn't match the original witness description of the robber. A standard method to avoid faulty IDs requires all photos in a photo spread to match the description.

Juvenile Court Judge Resigns Amid Troubled Past

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7102 — Mon, 26 Jan 2009 08:00:00 EST

Published: January 26, 2009

WYTHEVILLE -- A juvenile court judge in southwest Virginia who was convicted in several driving cases last year, including a hit-and-run in Powhatan County, has resigned his position.

M. Keith Blankenship, 44, of Wytheville resigned Dec. 31.

Blankenship pleaded guilty in August to misdemeanor hit-and-run for an April incident in which police said he swerved off the right side of a Powhatan County road and plowed into a telephone-line box before crossing over to the left side of the road and uprooting a tree.

Blankenship also pleaded guilty to misdemeanor reckless driving after he was pulled over on Interstate 81 in Smyth County March. He was originally charged with driving under the influence in that case.

A former Wythe County commonwealth's attorney and Smyth County assistant prosecutor, Blankenship had been a judge in the 27th District since July 2005 in what was supposed to have been a 6-year term.

-- Media General News Service

Mayor of Oregon City Will Not Resign After Denials About Personal Relationship Prove True

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7103 — Mon, 26 Jan 2009 08:00:00 EST

By WILLIAM McCALL
Associated Press Writer

PORTLAND, Ore. (AP) -- The mayor of Portland, Ore., said Sunday he would not resign despite calls for him to do so after he admitted he lied and asked a teenager to lie about their sexual relationship.

"Tomorrow, I go back (to) work as your mayor. I know I have let you down and made mistakes. I ask your forgiveness," Mayor Sam Adams said in a statement. "I believe I have a lot to offer the city I love during this time of important challenges."

Adams, who was just sworn in on Jan. 1, publicly apologized this past week for lying early in his campaign about the relationship with an 18-year-old man in 2005.

The scandal has resulted in an investigation by the Oregon attorney general and has divided the city and its gay and lesbian community. The police union and four Portland newspapers have called for his resignation, but Adams has found strong support to remain, including a Friday rally on his behalf at City Hall that drew more than 400 people.

In his statement, Adams said he would "work harder than I ever have in my life" to help see the city through the tough economic times.

Two of the leading business associations in Portland had taken a wait-and-see stance.

Steve Holwerda, Chairman of the Portland Business Alliance, said in a statement the board had differing views on whether Adams should resign but they agreed it was a critical time for the city and some of its major development projects.

"Whether or not he stays in office should be based on whether he can lead our city effectively and with the integrity that all our citizens deserve," Holwerda said.

But the board of the Portland Area Business Association went further and said Adams should remain in office, but added, "pending the outcome of official investigation."

The teenager, Beau Breedlove, was a legislative intern when he met the mayor at age 17. He and the mayor both say their sexual relationship started after his 18th birthday, in June 2005.

Breedlove, now 21, told The Oregonian on Saturday that the relationship was consensual.

"I do not see any relationship that I ever had with Sam as me being taken advantage of," Breedlove told the newspaper. "I do not feel like I was ever a victim."

When Adams confirmed the relationship this past week, he said it was inappropriate because of the age difference; Adams is now 45.

He also said he lied early in his mayoral campaign and asked Breedlove to lie as well because rumors at the time falsely suggested the relationship involved a minor.

Massachusetts Politician to Resign Amid Allegations of Misconduct by Associate

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7104 — Mon, 26 Jan 2009 08:00:00 EST

The Associated Press reports that Democrat Salvatore DiMasi will resign as Speaker of the Massachusetts House. DiMasi's association with an indicted close friend, Richard Vitale, apparently has been the subject of bribery speculation in Massachusetts political circles. DiMasi and Vitale deny wrongdoing, but investigators say that Vitale paid off large debts for DiMasi relatives and made a third mortgage loan of $250,000 to the Speaker. That loan was recently repaid.

Former New York Senate Majority Leader Indicted on Corruption Charges

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7105 — Mon, 26 Jan 2009 08:00:00 EST

By Michael Hill
Associated Press
Saturday, January 24, 2009; Page A02

ALBANY, N.Y. -- Joseph L. Bruno, the former majority leader of the New York Senate and for a time the most powerful Republican in state politics, was indicted Friday on federal corruption charges.

Bruno, who retired from the legislature in July after more than a dozen years leading the Senate, is accused of using his position to steer contracts and grants to businesses that paid him a total of $3.2 million in consulting fees or other compensation from 1993 through 2006.

Bruno exploited "his official position for personal compensation and enrichment" in dealing with companies and 16 unions with business before the state, according to the eight-count indictment brought by the U.S. attorney for the Northern District of New York.

None of the companies or unions mentioned in the indictment are accused of wrongdoing.

Bruno also is accused of lying on financial disclosure forms and of using state employees to do administrative and other work related to his outside financial activities.

Bruno, 79, pleaded not guilty during a brief court appearance Friday. He later denounced the investigation at a news conference, calling it a politically motivated "fishing expedition."

"After being hounded for three years, I am being indicted on a prosecutorial sleight of hand because, after years of effort, they cannot find one example of criminal activity or illegal intent," Bruno said.

He promised to "fight this, and I'm going to win."

Bruno, who represented his Troy, N.Y., district for 32 years, seized power in the state Senate in 1994 with the consent of former GOP governor George E. Pataki, who had just been elected. Bruno became the most powerful Republican in state government when former governor Eliot L. Spitzer (D) succeeded Pataki.
After his retirement, Bruno became chief executive of CMA Consulting Services, an information technology consulting business based in the Albany County suburb of Latham.

Insurance Company Must Produce Witness Statements

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7050 — Thu, 22 Jan 2009 08:00:00 EST

In a wrongful death case arising from an auto accident, a Suffolk Circuit Court has rejected Progressive Insurance Company's claims of privilege and ordered Progressive to release to the plaintiff interviews of defendants and witnesses. Insurance comapnies have long been able to conceal from plaintiffs statements taken from witnesses and their insureds on the "trial preparation materials" exception to the rules of discovery. However, the courts are seemingly more reluctant to confer the privilege when the statements are taken in the "fact-gathering" stage and before the insurance company has been contacted by plaintiffs' attorneys.

As the Suffolk court pointed out in its opinion and order in this case, such statements can be useful to the plaintiff and the fact-finder in determining whether a witness testifying at trial or in depositions before trial, is consistent in what he or she may have related earlier.

To read the opinion, follow the link below.

Greene County Man Files Religious Discrimination Lawsuit

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7051 — Thu, 22 Jan 2009 08:00:00 EST

By Tasha Kates

Published: January 21, 2009

A Greene County man has sued his former employer alleging that he was discriminated against because of his religion and fired after he contacted a federal agency.
Jeffery King, a pastor at Rosehill Baptist Church in Albemarle County, filed suit against Cardinal Health Inc. on Jan. 7 in Charlottesville’s federal court. The suit claims that Cardinal Health violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 by discriminating against him because of his religion and retaliating by firing him after he contacted the U.S. Equal Employment Opportunity Commission.
In September, the EEOC filed a suit against the Ohio-based medical supply company on behalf of Howard Thompson, a Sabbatarian who claimed he was fired because he refused to work on his holy day. Both the EEOC’s and King’s suit reference a policy change at the Charlottesville branch in April 2006 that required employees to work Sundays.

Jennifer McKeever, King’s attorney, said he enjoyed working for Cardinal’s pharmacy services facility.
“I believe that my client acted reasonably and attempted to work with the company,” McKeever said. “As you can tell from the complaint, he wants his job back.”

King declined to comment, referring all questions to McKeever.
According to the lawsuit, King is an ordained Baptist minister who told his employer when he was hired in 2001 that he could not work Sundays because of his religious beliefs and obligations. King’s suit said that after the company changed its policy, he was told he could have off on Sundays if he could find other people to cover his shifts. However, King said the company wanted the employees to sign a statement saying that they would work all of his Sundays, but not all of them would sign the document.

King received a letter from human resources while he was on vacation that outlined how the company had tried to accommodate his beliefs, the complaint said, but King said the letter referenced potential accommodations that hadn’t been offered to him.
When he returned from vacation, King said, he left messages saying he would work Saturdays instead of Sundays, but King said in the suit that the human resources manager refused that option. King was fired in July 2006.

Troy Kirkpatrick, a spokesman for Cardinal Health, said the company tried to accommodate King.
“Cardinal Health offered Mr. King reasonable accommodations to address his concerns, which he refused,” Kirkpatrick said. “We’re confident that the company fully complies with the spirit and the letter of the law relating to this issue.”

According to the complaint, King is seeking to be reinstated with back pay and/or other compensation.
John W. Whitehead, founder of the Albemarle County-based Rutherford Institute, said a business is required to make reasonable accommodations for an employee with religious needs unless it can show undue hardship. Reasonable accommodations include another person filling in for the employee.
Whitehead, who also is the president of the human rights and civil liberties organization, said larger companies tend to lose suits against people who have sincerely held religious beliefs.

“Most companies don’t know the law,” Whitehead said. “By the time they have the problem, it’s the first time they’ve looked at the law.”

Whitehead also said that many companies don’t understand deeply religious people, and should have a liaison who can explain their religious beliefs and needs.

Kirkpatrick said Cardinal Health employs about 40,000 people globally.

Hamover Man sentenced to 70 Years in Child's Slaying

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7052 — Thu, 22 Jan 2009 08:00:00 EST

By Bill Mckelway

Published: January 22, 2009

In a chilling courtroom declaration of innocence, convicted child killer John Bradley Crawford said yesterday that he rejected plea agreements that would have freed him after 15 years, and he promised the mother of his victim that he will win an appeal.

Standing before Judge J. Overton Harris in Hanover County Circuit Court, Crawford denied any role in the brutal slaying of a 6-year-old Highland Springs youth in December 1980. He said his jury was biased, evidence against him was fabricated, and public opinion developed from news-media accounts had assured his eventual conviction.

"Only guilty people take plea bargains," said Crawford, who is 47.

Crawford was convicted of murder and abduction last month by a Hanover jury after two mistrials. Charges against him in the murder came just months before he was to finish serving 25 years of a 50-year sentence for abducting two Hanover girls.

Struggling with handcuffed wrists to turn the pages of a handwritten statement, Crawford empathized yesterday with the mother of victim Alexander Paul Glanz as she sat on the front row of a darkened, otherwise silent courtroom. Nearby, Crawford's father and brother watched.

"I and my family are truly sorry" for your loss, Crawford said. "But two wrongs do not make a right."

He said he will be vindicated on appeal and had accepted guilt in the matter of the two girls because he was guilty.

Diane Glanz, who has waited for justice in her son's death for 28 years, was unmoved by Crawford's statements.

"He's desperate," she said after court. "He's desperate because he's about to be crucified, and he knows it. I have no doubt about his guilt."

Glanz said after the jury verdict in December that Crawford's sentence would be of little significance.

She stuck by that assertion yesterday after Harris imposed the 70-year sentence that the jury had recommended: 35 years each for one count of first-degree murder and one count of abduction.

The sentence seemed of little consequence as well to Crawford, who said during his statement that he would not outlive any sentence within guidelines set by the Virginia Supreme Court.

"It's all a life sentence to me," he said.

Two detectives who had worked on the Glanz case for decades, Robert Hewlett Jr. from Henrico County and Sgt. R. Glenn Schneider from Hanover, shook hands in the back of the courtroom after the proceedings.

"I guess he's entitled to an opinion," Schneider said of the defendant.

Hanover Commonwealth's Attorney R.E. "Trip" Chalkley III, who asked the judge to follow the jury's recommended sentence but offered no evidence at sentencing, said he is happy for Diane Glanz but doubts the case's likely end will bring closure.

"I don't know if anyone gets closure when you lose a child," he said. "We're convinced we convicted the right man."

But defense lawyer Ed Riley said a notice of appeal will be filed within the next 30 days and will challenge the verdict on a number of fronts.

Those matters were spelled out as well by Crawford, who composed his statement without his lawyer's involvement, Riley said.

"He read it to me before court, was all," Riley said.

Crawford said nine members of the jury who heard his case had acknowledged having read or heard about the case, and he said news accounts of his trials tainted the jury.

"I am not guilty of this crime," he said. "Nor am I the pedophile or monster the media has portrayed."

Riley said the appeal will consider the introduction of detailed evidence about Crawford's actions in the abduction of two Hanover girls months after Alex died. In his statement, Crawford suggested he had been framed because investigators initially failed to detect pesticide residues on the clothes, ligatures and body of Alex.

Crawford worked for his father's pesticide company as a youth. His female victims were tied up with bindings that showed traces of pesticides.

Crawford argued yesterday that investigators went back and planted pesticide on Alex's bindings and clothing after they found it on the girls.

Alex disappeared after returning alone from school to his Highland Springs home. His body turned up days later a few feet off Cold Harbor Road after a massive search; he nearly was frozen.

Dressed only in socks and underwear, Alex was face-down, tied at the ankles and wrists. He was clutching clods of earth in his hands when he was lifted from the ground.

Business Auto Policy Doesn't Always Cover Family Members' Injuries or Death

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)7032 — Tue, 20 Jan 2009 08:00:00 EST

The personal representative of a deceased 17 year old lost a court bid to compel the insurance company providing UM/UIM auto coverage to her father's business vehicles to cover any judgment deficiency obtained as a result of her death while a passenger on her stepfather's motorcycle. A Prince William Circuit Court judge ruled that the Erie Insurance Company policy did not afford such coverage to the owner's daughter, though it did provide such coverage on the owner and his spouse. Following are the facts, and the ratioanle for the decision.

In early 2002, Simpson Unlimited, Inc. ("Simpson Unlimited"), a company specializing
in roof replacement and restoration, was seeking proposals for a new insurance policy for its fleet
of vehicles. Simpson Unlimited's Comptroller (later "Chief Financial Officer"), James Dooley,
was responsible for obtaining the new insurance policy. Dooley worked through an insurance agent, Mr. Sullivan, to obtain policy quotes for the company. Sullivan subsequently contacted the "quote unit" at Erie Insurance Exchange ("Erie"). After the quote unit provided Mr. Sullivan with the premium charges for the various vehicle coverages that Simpson Unlimited requested, Mr. Sullivan prepared a specific coverage proposal, which Mr. Dooley accepted on behalf of Simpson Unlimited.

Mr. Dooley, as Chief Financial Officer, signed the agreement on the signature line, which contained the word "Subscriber." Mr. Sullivan completed a Commercial Automobile Supplemental Questions form, which stated that at least one of the corporate officers or partners of Simpson Unlimited drove a company vehicle for personal use and did not have a personal auto insurance policy. The Erie Pioneer Business Policy and Declarations were printed on June 3, 2002, and Mr. Sullivan met with Mr. Dooley a few weeks later to review the policy.

The Simpson Unlimited insurance proposal included a "drive other car endorsement"
(a/ka "Drive Other Car Coverage"), which was built into the Erie contract through its "Policy
Change Endorsement (Virginia only)." The Policy Change Endorsement provided that Simpson
Unlimited's "active executive officer and spouse" were covered with ("Uninsured/Underinsured
Motorist") UM/UIM coverage, but made no mention of the active executive officer's family
members. The UM/UIM had the Virginia-mandated UMLTIM endorsement in a form approved
the State Corporation Commission. Va. Code Ann. $5 38.2-3 17, -2206.

On July 20, 2003, Jessica Ashley Dudley, the minor daughter of Greg Simpson, died as a
result of a motorcycle/motor vehicle accident. She was the passenger on a motorcycle operated
by her stepfather. Miss Dudley and her stepfather were traveling on a social call. When she
died, Miss Dudley was seventeen years old, and she was not an employee of Simpson Unlimited.
About nine months later, Mr. Simpson filed a UIM claim with Erie on behalf of his daughter's
estate. This claim was denied by Erie.

The lawsuit sought a declaratory judgment that Erie was obligated to provide underinsured
motorist coverage to the estate of Miss Dudley. The Plaintiff contended that the UM/UIM endorsement, stating that "anyone we protect" includes "you, or any family member," provides coverage to Mr. Simpson and his family. The Court disagreed with this contention. Reading the policy as a whole, the Court held that the "you" in the UM/UIM endorsement meant the named insured, Simpson Unlimited, and not Mr. Simpson persoanlly.

Conviction for Forging DUI Records Affirmed by High Court

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6989 — Wed, 14 Jan 2009 08:00:00 EST

By Deborah Elkins, The Virginia Lawyer's Weekly
January 12, 2009

The Court of Appeals affirms the conviction of a former management analyst in the Fairfax County commonwealth’s attorney office for forging a public record in violation of Va. Code § 18.2-168, for her role in changing a record of a DUI conviction and forging another clerk’s name to the document, for which she received compensation.

At trial, defendant objected that the commonwealth had not laid a proper foundation for the admission of cell phone records showing phone calls from the DUI defendant to the analyst.

We do not believe that defendant analyst’s pretrial stipulation that the documents were authentic waived her argument that the commonwealth did not lay the proper foundation for the reliability o the computer system. Authentication does not, in itself, establish admissibility. However, because of her stipulation to their authenticity, the trial judge properly admitted the telephone records if they are properly analyzed as business records.

We conclude the trial court was correct in overruling defendant’s foundation objection because Penny v. Commonwealth, 6 Va. App. 494 (1988), is distinguishable from this case. Because the call trap is specifically employed for the purposes of litigation and during the competitive process of ferreting out criminal agents the added check of additional foundation evidence regarding the reliability of the call trap device is needed. Unlike the records produced by the call trap device in Penny, the telephone records in this case were relied on in the ordinary course of business and recorded by a disinterested telephone company. We find persuasive the reasoning of U.S. v. Vela, 673 F.2d 86 (5th Cir. 1982), which considered and rejected an objection to the admission of telephone billing records based on the prosecution’s failure to present testimony proving the reliability of the computer equipment that produced the records.

We hold the trial court did not err in overruling defendant’s foundation objection to the admission of the disputed telephone records.

Nor did the trial court err in overruling defendant’s foundation objection to the admission of the documents the DUI defendant testified he received from the analyst defendant. The DUI defendant’s testimony that the analyst personally gave these documents to him established their authenticity.

The appellate court also rejects the analyst’s appellate challenges to the jury instructions.

The record clearly supports the conclusion that the analyst materially altered recorded information regarding the results of misdemeanor traffic cases collected and kept by a general district court. The DUI defendant testified that the analyst told him she would eliminate all traces of his DUI from the court computer system. A police officer testified that he witnessed the DUI defendant’s plea of guilty and that he later found no record of the DUI conviction in his computer. A police sergeant testified that he was unable to find the file corresponding to the DUI defendant’s DUI case at the clerk’s office. The DUI defendant testified that the analyst gave him two documents purporting to be Traffic Hearing/Disposition Updates, one of which was ostensibly signed by another court employee and bore a stamp labeled “Fairfax County General District Court.” The other court employee testified she did not sign the attestation clause.

Conviction affirmed.

Broken Wrist Nets Large Verdict

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6990 — Wed, 14 Jan 2009 08:00:00 EST

Auto insurance carriers Libery Mutual and Nationwide, reached a pre-trial settlement of $175K with a man who suffered a brioken wrist in a head-on collision. The plaintiff's wrist did not heal and a bone graft was performed. The accident occurred when the defendant lost control of his car on "black ice" and veered into the path of plaintiff's car. The palintiff's medical costs and lost wage claims totaled $70K.

Recovery of $200K+ for Knee Injury

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6991 — Wed, 14 Jan 2009 08:00:00 EST

The plaintiff, a 49-year-old male, was struck broadside by the defendant, who ran a stop sign. The impact flipped the plaintiff’s vehicle. The plaintiff refused medical treatment on the date of the accident.

The only injury complained of by the plaintiff was trauma to the right knee. He was initially diagnosed as having a tear in the meniscus of the knee and traumatic chondromalacia. However, eight months after that surgery, he received a second opinion and was advised that he had an ACL tear, which was repaired.

Thereafter, because of those surgeries and the fact that he had extensive degenerative changes in the medial compartment, a partial knee replacement was done. The plaintiff had an almost complete recovery and was functioning in all activities of daily life.

Charlottesville Newspaper reports $1M Gift to UVa Law School for "Animal Law" Programs

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6995 — Wed, 14 Jan 2009 08:00:00 EST

By Tasha Kates

Published: January 14, 2009

University of Virginia, come on down!

Bob Barker, longtime host of “The Price is Right,” has given the School of Law $1 million to create an animal law program.

The endowment was one of two $1 million contributions the university announced Tuesday. The National Science Foundation also gave a $1 million grant to a group of UVa engineers to fund research that will improve the security of tiny chips used in remote car-locking systems and touchless debit cards.

The Bob Barker Animal Rights Program will include an animal law class starting in 2009-10, guest speakers and independent study and externship opportunities. The program also will create a writing competition that may be open to all of UVa’s graduate students.

Barker, who used to end every broadcast with a reminder to “spay and neuter your pets,” is an outspoken advocate of animal rights who has been giving money to top law schools for animal law programs. The 85-year-old retired as host of “The Price is Right” last year and was succeeded by bespectacled comedian Drew Carey.

“Animals need all the protection we can give them,” Barker said Tuesday via e-mail. “To have law schools of this stature train students in animal rights law will ultimately lead to a national effort to make it illegal to brutalize and exploit these helpless creatures.”

As a result of Barker’s gift, UVa’s law school will be the first in the state to have a formal animal law course. Mimi Riley, a professor of law who has done scholarly work in animal law and animal issues, will head the program.

Riley said the course would teach students about animal law as it applies to other forms of law, such as environmental law, property law, constitutional law and criminal law.

“Animal law is a growing area that is in much discussion,” Riley said. “It is a good way even for a student who has no interest in practicing animal law to enlarge their interest and to understand different ways the law works.”

A recent of example is Leona Helmsley’s will, Riley said.

When the hotelier, dubbed the “queen of mean,” died at 87 in August 2007, she spurred a legal debate by leaving behind a $12 million trust for the care of her dog.

Riley said a group of students at UVa have shown interest in animal law.

Elsewhere at UVa, the National Science Foundation’s grant will enable a team of engineers to create a more secure design for RFID chips, which are commonly found in remote car-locking systems and touchless debit cards.

These tiny chips, which send information over short distances using weak radio waves, are an increasingly popular way to monitor potentially sensitive information.

UVa researchers have been working to create a stronger encryption scheme that would keep information on RFID chips secure while keeping costs low.

What's Happened to the Michael Vick Fighting Dogs?

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6836 — Tue, 30 Dec 2008 08:00:00 EST

With the Altlanta Falcons making the playoffs with a rookie QB, Michael Vick's name has been and will continue popping up in sports talk shows and during the Falcons' playoff game commentary. Though it's been almost 2 years since the Bad Newz Kennels story broke, not all of the dogs trained for the blood ring had to be destroyed, and many have found loving homes. Sports Illustrated's cover story for the week focuses on the success stories of those dogs, and it is quite interesting. Click on the link below to read the entire story.

Circuit Court Holds Policyholder's Son Not Insured Under Auto Policy

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6839 — Tue, 30 Dec 2008 08:00:00 EST

The issue in this case involved the notice requirement of an auto policy. The insureds son was involved in an auto accident while temporarily residing with his parents. The policy covered the named insureds, plus family members residing in the residence. After hearing evidence and applying that to the law, the court sided with the position of the insurance company that the son did not "reside" in the policy holder's home within the meaning of the policy language, and denied coverage. To read a copy of the court's opinion, click on the link below.

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6832 — Tue, 30 Dec 2008 08:00:00 EST

Defamation Lawsuit Filed in Richmond Federal Coiurt Against New York Times

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6833 — Tue, 30 Dec 2008 08:00:00 EST

Lobbyist Vicki Iseman files $27M suit against New York Times

Claim targets February piece about her relationship with McCain

By Paul Fletcher and Alan Cooper
December 30, 2008

Lawyers for Washington lobbyist Vicki L. Iseman this afternoon filed a $27 million defamation lawsuit against The New York Times for a February article about Iseman and her relationship with Sen. John McCain.

The suit, filed in U.S. District Court in Richmond, also names as defendants the executive editor of the Times, its Washington bureau chief and four reporters who wrote the story. The suit alleges the article falsely communicated that Iseman and McCain had an illicit “romantic” relationship in 1999 when he was chair of the Senate Commerce Committee and she was a lobbyist representing clients before Congress.

Richmond lawyer W. Coleman Allen Jr. and Rodney A. Smolla, dean of the Washington & Lee law school and a First Amendment scholar, represent Iseman.

The 36-page complaint parses the nuances of the story, which Allen said in an interview is “very cleverly constructed.” The piece “could be interpreted as implying an unprofessional relationship” between Iseman and McCain, he said.

Both Iseman and McCain denied any improper relationship, a fact that was duly reported in the Times piece.

But political observers and the public did in fact perceive the story as being about an affair, Smolla said. That fact provides a significant basis for the defamation claim, Smolla noted. The complaint cites the post-story remarks of 10 different commentators across the political spectrum; in each case, their comments about the story assume it is about an alleged affair, the lawyers note.

The Times’ own public editor, Clark Hoyt, published what Allen called a “blistering attack” on the decision to publish three days after the article appeared.

The suit claims that Iseman suffered damage to her mental, emotional and physical health. The lawyers noted that she continues to work as a lobbyist in Washington, for a firm based in Arlington. They said they anticipated developing their case on damages as the matter moves forward.

The piece was published at the height of the primary season last winter, and, the suit states, the defendants knew that it would “reverberate around the world.”

The suit continues, “In their attack on Senator McCain, the [defendants] were willing to sacrifice Ms. Iseman as acceptable collateral damage, recklessly indifferent to the avalanche of scorn, derision and ridicule Ms. Iseman would suffer.”

Smolla noted that in one defamation decision before the U.S. Supreme Court, then-Chief Justice William H. Rehnquist observed that the purpose of defamation law is to provide an aggrieved party with a remedy.

But it also has the purpose of correcting the public record and of giving the public a remedy to “an offense to the public discourse,” he said.

Allen noted that after the Times article was published in February, Iseman had anticipated filing a lawsuit that would be “the source of her vindication.”

She specifically waited until the national election was over, he said, adding that she did not want any suit she filed to influence the result.

Efforts to obtain comment from Bill Keller, the Times executive editor named as a defendant, were not immediately successful.

Click here to read the full text of the complaint in Iseman v. The New York Times Co. Inc.

Mortgage Payments Held Not Spousal Support Under Terms of Property Settlement Agreement

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6656 — Fri, 26 Dec 2008 08:00:00 EST

The Virginia Court of Appeals reversed a trial court's finding that a former wife's cohabitation analagous to a marriage terminated the husband's obligation to maintain the mortgage payments on the house she got in the divorce pursuant to their Property Settlement Agreement (PSA). This is an interesting case because it encompasses competing interests relative to what the parties intended by the PSA, and how the statute permitting termination or modification of spousal support when the recipient spouse is "shacking up" is interpreted.

Under Code section 20-109(A), a former spouse receiving alimony (spousal support) may forfeit the right to keep receiving it if for one year, he or she cohabits with another in a relationship "analagous to a marriage." The underlying thrust of this statute is a "you can't have your cake and eat it too" approach intended to close a loophole in the law. Prior to the amendment of section 20-109, only the remarriage of the recipient spouse or the death of either spouse was grounds for termination of spousal support so long as there were no material changes in circumstances or the parties' PSA contained other grounds. Since the change in society's acceptance of two unmarried people living together under the same roof, ex-spouses opted to "live together" rather than marry their new partners to avoid losing spousal support.

In this case, the PSA specifically stated that both parties waived the right to receive spousal support from the other. However, the PSA also obligated the husand to transfer his interest in the jointly owned marital residence to the wife, and to pay the mortgage payments in her behalf. The husband did this for quite some time. However, the husband later sought to be relieved of the mortgage payment obligation contending that the wife's cohabitation with another man for over a year was analagous to a marriage under the statute and his payment of the mortgage was analagous to alimony, and therefore the wife should have to forfeit that benefit and pay the mortgage herself. The trial court agreed with the husband, and the wife appealed. A three-judge panel of the Court of Appeals sustained the trial court, and the wife appealed to the full court.

En banc, the full court ruled that the trial court erred in finding that the mortgage payments were "in the nature of" spousal support, becuase in the plain language of the PSA both parties waived spousal support. Therefore, the mortgage payments not being spousal support, the bar of section 20-109(A) did not apply, and husband must continue to make the mortgage payments.

White Supremicist Indicted in Roanoke

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6648 — Fri, 26 Dec 2008 08:00:00 EST

By Jerry Markon
Washington Post Staff Writer
Friday, December 12, 2008; Page B06

A Roanoke man described as the nation's most prominent neo-Nazi was indicted yesterday on charges that he used the Internet to threaten violence against a bank employee, a university professor, an African American mayor and the African American plaintiffs in a federal housing discrimination lawsuit.

William A. White, a former Montgomery County resident, tried to intimidate at least seven people through his white supremacist Web site and by making threatening telephone calls, prosecutors said. In one incident, White is accused of e-mailing an African American journalist from Bowie and saying: "I look forward to the rapidly approaching day when whites once again rise up and slaughter and enslave your ugly race to the last man, woman and child.'

The indictment in U.S. District Court in Roanoke is the latest criminal case against White, 31, who is being held in Chicago on charges that he threatened the foreman of a jury that convicted white supremacist Matthew Hale in 2004. That case led to the slaying of the husband and mother of a federal judge in what authorities said was a white supremacist plot.

Just before his arrest in Roanoke in October, White had planned to publish a magazine article that prosecutors said pictured Barack Obama, now the president-elect, with his head encircled by the cross hairs of a rifle in the shape of a swastika. Prosecutors in Chicago cited the article -- including a paragraph saying Obama should be prevented from taking office "by any means necessary' -- in persuading a federal judge last week to hold White without bond.

White, who attended the University of Maryland in the mid-1990s, told The Washington Post in October that he espouses nonviolence. His attorney, Nishay Sanan, said yesterday that authorities are opposed to White's political views and wanted "to get him off the streets and shut him up before the presidential election.'

"You can choose different sentences and take them out of context and charge anyone with making a threat,' White said. Likening White to a Howard Stern-style "shock jock,' he said White "likes to put his views out there and draw attention to himself. He wants to cause controversy.'

Julia C. Dudley, the acting U.S. attorney in Roanoke, said the case "is not about William A. White's views or his opinions of the world or his right to exercise freedom of speech. This case is about William A. White making late-night phone calls and sending threats in e-mails to college professors, bank employees, lawyers, mayors, newspaper reporters and their families.'

Mark Potok, who tracks extremist groups for the Southern Poverty Law Center in Alabama, said White is "the most important neo-Nazi leader left in America" after others have died or been jailed in recent years. He said White, who once described himself as "a far left-wing anarchist" before embracing white supremacist views, was involved in several organizations before founding the American National Socialist Workers Party in Roanoke in 2006.

The seven-count indictment charges White with threatening to injure a variety of people via e-mail, Internet or telephone communication. One count charges him with making the threats to extort something of value, and another accuses him of seeking to intimidate witnesses in a court proceeding. If convicted, he faces up to 55 years in prison.

The indictment says White harassed a Citibank employee in a dispute over one of his accounts, threatening to post her home phone number on the Internet and citing the murder of the judge's family in Chicago. It says he mailed swastika-emblazoned letters to African American tenants who sued their landlord in Virginia Beach, telling them: "Know that the white community has noticed you, and we know that you are and will never be anything other than a dirty parasite.'

White is also accused of sending a racist, expletive-laced e-mail to the African American mayor of a New Jersey town and vowing to "hunt down" a University of Delaware professor who administered a diversity training program.

White is scheduled for trial in March in the Chicago case, and prosecutors said he would then be sent to federal court in Roanoke.

Increase in Parent's Income Justifies Reassessment of Child Support Obligation

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6795 — Fri, 26 Dec 2008 08:00:00 EST

In West v. West, the Court of Appeals held that the trial misapplied the correct formula for calculating the amount of child support due the parties' children, and reversed the trial court's decision to award the mother only $200.00 per month in child support. The Court of Appeals re-affirmed previous decisions holding that calculation fo the amount of child support under the statutory guidelines must be based on the parties' actual gross incomes, not what the parties may stipulate those incomes to be for each other.

Large Settlement in Tractor Trailer Accident

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6801 — Fri, 26 Dec 2008 08:00:00 EST

By Virginia Lawyers Weekly
December 22, 2008

The 48-year-old decedent was a passenger in a 2007 Chevrolet van that was struck head on by a 2001 Peterbilt tractor-trailer on Feb. 26, 2008. The operator of the tractor-trailer crossed the median of Interstate 81 in Harrisonburg. The operator of the van, Isaac Santos, died at the scene. His case was settled earlier.

The decedent was transported to U.Va. Medical Center where she succumbed to her injuries. She was survived by two adult daughters age 29 and 27. The decedent was unemployed at the time of her death. She was a resident of Buffalo, N.Y.

The case was settled two days before trial for all the available insurance coverage. Empire Fire and Marine Insurance Company insured the tractor and AIG Insurance Company had a separate policy on the trailer being pulled at the time of the crash.

Mediation of Traffic Accident Injury Yields $555,000 Recovery

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6802 — Fri, 26 Dec 2008 08:00:00 EST

By Virginia Lawyers Weekly
December 22, 2008

Plaintiff was a passenger in her car, which was being driven by her boyfriend. Defendant ran into the rear of her car. Plaintiff was treated at VCU Medical center with multiple surgeries. Plaintiff’s carrier paid a limit of $30,000 for a covenant not to sue and defendant paid $525,000 after suit was filed. The case was mediated by John OBrion of the McCammon Group.

Naval Officer Awarded $300,000

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6803 — Fri, 26 Dec 2008 08:00:00 EST

By Virginia Lawyers Weekly
December 15, 2008

On April 13, 2004, plaintiff, a US Naval Officer was traveling south on Ocean Highway in Somerset County, Md., on his way to Norfolk Naval Base when a tractor-trailer attempted to make a left turn into the southbound lanes in front of him.

At the place of the collision, Ocean Highway was a 55 mph road with two southbound and two northbound lanes, separated by a 50-foot-wide grassy median. According to an eyewitness, the tractor-trailer crossed over the northbound lanes without stopping at the stop sign, crossed over the median and turned directly into the southbound lanes without yielding to traffic.

Plaintiff was too close to the intersection when the tractor-trailer entered the roadway to avoid a collision with the rear wheels of the trailer, as the trailer straddled both southbound lanes in the midst of its turn. Plaintiff’s car hit and rebounded off the trailer’s tire and was knocked into a water-filled ditch on the side of the highway.

He suffered an annular tear at L4-L5 and chronic myofascial pain in his lumbar spine as a result of the collision. Within a year of the crash, plaintiff was medically discharged from the Navy because he could no longer meet the military’s physical readiness standards.

In addition to the typical claims for reimbursement of medical expenses, plaintiff sued for lost retirement benefits. Plaintiff’s theory was that, although he earned a higher salary as private defense contractor after his medical discharge, he would no longer have the opportunity to earn the valuable military retirement benefits he would have been eligible for had he been allowed to retire from the Navy.

Plaintiff designated economist William E. Cobb of Charleston, W.Va., to testify to the present value of plaintiff’s lost retirement benefits from his eligible military retirement age until the end of his estimated life expectancy.

Defendant’s insurance company defended on the basis of contributory negligence, arguing that plaintiff was either speeding and/or simply not paying attention. The case settled at a court-mandated settlement conference for $300,000.

$175K Settlement in Accident Case

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6804 — Fri, 26 Dec 2008 08:00:00 EST

Plaintiff was a 42-year-old preschool owner and administrator. The accident occurred on Route 17 in Stafford County when the defendant pulled out from a stop sign. There was no liability dispute, and the defendant could not be found.

Plaintiff had rapid onset of cervical and lumbar symptoms. After extensive unhelpful treatment, she was diagnosed with a herniated cervical disc and underwent surgery, which largely alleviated her symptoms.

Plaintiff was unable to work for approximately a year following the accident and claimed $41,000 as the cost of hiring personnel to replace her during that period.

Stop-sign collision injures knee, requires replacement surgery - $220,000 Settlement

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6805 — Fri, 26 Dec 2008 08:00:00 EST

By Virginia Lawyers Weekly
December 1, 2008

Illegal Search of Car Passenger Results in Suppression of Evidence

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6806 — Fri, 26 Dec 2008 08:00:00 EST

By Deborah Elkins
November 17, 2008

The record supported a trial court’s suppression of cocaine residue found on a plastic spoon in the pocket of an auto passenger where the audio/videotape of the encounter between the officer and the passenger did not clearly indicate the passenger’s response when the officer asked if he could search the passenger, the Court of Appeals holds.

It is undisputed that the officer did not have probable cause or even a reasonable suspicion that the passenger was involved in criminal activity at the time he began searching defendant. The officer testified he had no objective reason to suspect defendant possessed drugs before the search. Unless defendant voluntarily consented to the search, his motion to suppress was properly granted.

There was conflicting evidence on the issue of consent, an issue the prosecution had the burden of proving. The police officer said that defendant had consented; the driver and the passenger said he did not; the trial court could not hear defendant consent while listening to the tape. Given this evidence, we cannot say as a matter of law that granting defendant’s suppression motion was plainly wrong or without evidence to support it.

Suppression order is affirmed.

Police Not Justified in Searching Occupants of Stopped Car

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6807 — Fri, 26 Dec 2008 08:00:00 EST

By Deborah Elkins
November 17, 2008

Police had reasonable suspicion to detain and approach a vehicle that had been halted in a street travel lane for 15 seconds and could have been a hazard to traffic and a violation of Va. Code § 46.2-888, but the Court of Appeals says police exceeded the scope of their right to conduct a pat-down, based on the passenger’s verbal abuse of police and “fast” movements of putting his hands in his pockets, and the trial court should have suppressed the evidence of cocaine found in defendant’s pocket.

We agree with defendant that the officers had no reasonable belief that defendant was armed and presently dangerous. The record reflects that the primary source of the officers’ suspicion that defendant was armed and dangerous was his rapid arm movement and hostile verbal language during the traffic stop of the car. The first officer described defendant’s arm movement as “furtive,” and the second officer testified that defendant was moving his hands into his pockets. Neither officer, however, noticed defendant grab, remove or conceal anything. The second officer, who performed the search, testified that despite defendant’s agitation, defendant never made any threat against the officers. Further, the officers were investigating defendant for suspected criminal activity that does not require weapons.

We find the frisk of defendant for weapons was not supported by a reasonable belief that he was armed and presently dangerous

Officer Justified in Seizing Contraband Drugs That Were in "Plain View"

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6808 — Fri, 26 Dec 2008 08:00:00 EST

By Deborah Elkins
December 15, 2008

A police officer responding to a domestic disturbance, who went to talk to a tenant in the home as a possible witness to the disturbance, did not violate defendant tenant’s Fourth Amendment rights when he entered defendant’s room with the landlord’s permission and observed what appeared to be a marijuana cigarette on a nightstand and cocaine residue in the corner of a clear plastic bag on a dresser, and the Court of Appeals says the drug evidence need not be suppressed.

Defendant contends that because he did not explicitly consent to the entry, the officer was not permitted to enter the room without a warrant. Defendant concludes the officer was not lawfully in a position to see the contraband and the evidence seized should have been suppressed. We disagree.

After informing the officer that defendant had witnessed the earlier domestic disturbance being investigated by the officer, the landlord told the officer that defendant rented a room in the home and that he was currently inside the home. The landlord then volunteered to take the officer into the home to see defendant. There is no evidence the officer should have been aware when he and the landlord entered the house which particular room was being rented by defendant or even that he would necessarily be found only in his room at the time. Once inside the home, the landlord led the officer purposefully through the common area to a half-open door displaying no visible indicators that it separated the common area from an area to which the landlord could not authorize access. Without pausing to knock or announce himself, the landlord led the officer through the door and into defendant’s room.

We conclude that, viewed within the context of the information available to the officer, the peremptory manner in which the landlord gained access to the room – unannounced and without knocking despite knowing defendant was present – would lead a reasonable person to believe the room beyond was under the landlord’s control as well. Hence, we find the evidence sufficient to support the finding that the officer reasonably believed the landlord had authority to consent to his entry of the room and find nothing plainly wrong with that finding. We hold the officer’s presence in the room was lawful and that, as a result, the seizure of the marijuana and cocaine discovered in the room in plain view did not violate defendant’s Fourth Amendment rights.

Failure to Follow Virginia Search Warrant Statute Not Fourth Amendment Violation

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6809 — Fri, 26 Dec 2008 08:00:00 EST

By Deborah Elkins
October 13, 2008

A Newport News U.S. District Court denies defendant’s motion to suppress two plastic bags containing cocaine and marijuana discovered on his person when police stopped the vehicle in which defendant was a passenger and had the occupants exit when they smelled marijuana; the alleged failure by police to attach the affidavit to the warrant served on defendant is not fatal to the search.

After all three of the vehicle’s occupants were detained, police searched the vehicle, finding suspected cocaine residue inside the center console. All three occupants were arrested for cocaine possession. In the search of defendant incident to the arrest, the officer felt what he believed to be a bag of narcotics in the area of defendant’s buttocks. After advising defendant of his Miranda rights, the officer inquired whether defendant was hiding anything in his buttocks. Defendant advised that he was not.

The sergeant attempted to see if the suspected bag of narcotics was loose in defendant’s underwear, and saw a clear plastic bag protruding from defendant’s buttocks. He then tucked defendant’s t-shirt and sweatshirt into his pants, secured defendant’s belt above his waist, and tucked his pant legs into his socks, taping them with duct tape to make certain that nothing would fall out. Defendant vomited over the highway guardrail prior to being placed in the police unit. A cell phone and $440 in currency were recovered from defendant’s right front pocket.

Defendant was transferred to police headquarters and observed visually while a search warrant was obtained. Police executed the warrant and saw a plastic bag with marijuana in it and a plastic bag with cocaine in it inside defendant’s buttocks. A doctor removed the bags, causing them to fall into defendant’s pants, and the officer retrieved them. Defendant was discharged from the hospital and transported to city jail.

Virginia Code § 19.2-54 requires an affidavit prior to the issuance of a search warrant and § 19.2-56 requires that the magistrate attach to the search warrant a copy of the affidavit, which then becomes part of the warrant and is to be served along with it. Thus, it appears that under applicable Virginia law, the affidavit should have been attached to and served with the search warrant.

However, even if this court were to accept that the officer’s failure to attach the affidavit to the warrant was in fact a violation of applicable Virginia law, it does not necessarily follow that this violation of state law rises to the level of a violation of defendant’s Fourth Amendment rights, which might warrant suppression of the drug evidence. The Newport News police’s alleged failure to attach the affidavit to the search warrant at the time it was served on defendant cannot, in and of itself, be considered a violation of defendant’s Fourth Amendment rights. Further, it appears that Virginia law does not require suppression of evidence merely because of a violation of Va. Code § 19.2-56. A Virginia circuit court reached the same result in a similar situation in Commonwealth v. Hoverstadt [VLW 001-8-051]. This determination is also consistent with relevant federal and Supreme Court jurisprudence.

Officer's Blunder Leads to Suppression of Evidence Seized in Child Pornography Case

tjsbmt@aol.com; tony@stellyvirginialaw.com (News Author)6810 — Fri, 26 Dec 2008 08:00:00 EST

By Deborah Elkins
December 15, 2008

The Court of Appeals upholds an order suppressing evidence resulting from a search of defendant’s residence where the search warrant was issued in 2005 based on a 2003 cybertip about downloading of child pornography; we disagree with the commonwealth’s argument that the good faith exception should apply in this case because the record does not support the trial court finding that the officers seeking the warrant acted in reckless disregard of the truth.

The trial court found that the detective, albeit unintentionally, misled the magistrate as to the material facts. The detective listed the wrong incident date and failed to tell the magistrate that his investigation led him to believe the images were uploaded from a location he believed to be defendant’s work address in Richmond. The evidence supports the trial court’s factual finding that the detective acted recklessly.

When the detective included the false date, he converted a tip that had, for whatever reason, sat uninvestigated for two years to a tip that was only four months old. That difference in time, in combination with the lack of any information in the affidavit or in the executing officers’ knowledge to explain why probable cause existed given the passage of time, was material to the magistrate’s evaluation of probable cause. Further, as the trial court emphasized, the correct incident date was clearly typed on the first and second pages of the Bedford incident report. Thus, the correct information was readily available to the detective.

The investigator’s use of two different dates in his report should have put the detective on notice that he needed to determine the correct date.

The officers also failed to disclose that there was no way to determine the location of the computer from which the images had been uploaded to the Yahoo group web site. The detective had no basis for alleging that contraband was located in defendant’s home other than his subject belief that defendant was uploading images from his work address and would also “upload them from home.”

While the good faith exception in U.S. v. Leon generally allows a police officer to rely on a probable cause determination made by a magistrate, good faith is not a magic lamp for police officers to rub whenever they find themselves in trouble. Here, the trial court determined that “sloppy” and reckless police work resulted in both a misstatement and an omission of material facts in the affidavit. It thus concluded that the magistrate was misled as to the existence of probable cause. We cannot say the trial court’s conclusion was plainly wrong or unsupported by the evidence.