A memo issued to Petersburg
officers by 1st Sgt. Carl Moore asks officers not to speak to local
defense attorneys in an effort to help "win" cases. The problem is that
in criminal cases, police officers are supposed to act as independent
witnesses who provide facts and testimony to both the prosecution and
the defense.
Petersburg Commonwealth's
Attorney Cassandra Conover is copied on the memos, and thanks Sgt. Moore
for his efforts. The problem is that Virginia's ethics guidelines
state "Prosecutors shall not instruct or encourage a person to withhold
evidence from the defense."
Now, the State Bar is investigating.
Conover denies wrongdoing, and said she was thanking him for addressing
communication issues.
8News Investigating Reporter
A.J. Lagoe has continued to ask Petersburg Police Chief John Dixon for
an interview regarding the memos, as well 1st Sgt. Moore. Our calls have
not been returned.
Meanwhile, the local branch
of the NAACP has issued a statement, calling Chief Dixon's decision not
to talk to 8News "unacceptable," and calls the policy "troubling."
Also refusing to discuss the
issue is Petersburg City Manager William Johnson, who was recently
arrested himself for allegations of assault and domestic battery against
his wife. Johnson referred 8News instead to the City Attorney, Bill
Hefty.
In an emailed statement,
Hefty said "The intent of the emails was to ensure officers make contact
with the Commonwealth Attorney's Office in advance of speaking with
defense counsel. This was an internal communication, and nothing in the
emails indicated that the police should do anything illegal or not
testify truthfully."
Hefty also says city police should work through the Conover's office, but Conover herself is questioning the policy.
"I think this is a policy they need to look at," Conover told 8News. "They need to strongly look at and rethink."
Meanwhile, in court, the
issue is already coming to a head. Wednesday, a public defender in a
drug distribution case made allegations that the police policy violates
his client's due process rights, obstructs justice and threatens a
material witness.
That witness is the officer who, according to the memo, could lose his job if he talks with the defense.
Stay with 8News for updates.
Very interesting article. Please contact us if you need legal advice.
Tucker Griffin Barnes P.C.
Charlottesville (434-973-7474)
Lake Monticello (434-589-3636)
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Friday, April 27, 2012
The Charlottesville Attorney - Outcry Over Petersburg Police Memos Grows
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