Transparency News, 3/10/2022
Thursday
March 10, 2022
Follow us on Facebook and Twitter
Contact us at vcog@opengovva.org
state & local news stories
One of the chief elements in debate over a bill that would close off inactive police files to the public is a November media request to Albemarle County police for records about Jesse Matthew, who pleaded guilty in 2016 to killing college students Hannah Graham and Morgan Harrington. The parents of both victims testified in favor of the legislation, saying release of any new records would further traumatize their families. But neither Albemarle police nor any lawmaker has answered key questions: Is existing law so weak that it would allow sensitive records to be released to a media company, and were any records actually released? The answer, according to records obtained Wednesday by the Richmond Times-Dispatch under FOIA, is that no records were released. The requestor dropped the issue after Albemarle County police wrote that it would cost $76,743.97 to provide the files, according to records Albemarle police provided to The Times-Dispatch in response to a FOIA request about the November FOIA request.
Richmond Times-Dispatch
Last year’s measure to open closed criminal investigation records for the first time in recent memory was pushed not only by media and open government advocates, but by groups such as the Innocence Project working to free the wrongfully convicted. The legislation, which took effect only eight months ago, was also hailed by family members of some homicide victims — such as the husband of a woman killed in the 2019 Virginia Beach mass shooting — who wanted to see the full police files in their loves ones’ cases. Bell’s legislation adds a new provisions that crime victims — or an “immediate family member” if the person is deceased — can get the full file upon conclusion of an investigation. The bill also allows lawyers working on wrongful conviction petitions to get access to such files. The measure also adds new language requiring victims’ families to be notified about a file’s potential release to the public, and the families’ right to challenge that. But legislative committee meetings held in recent weeks make clear that the legislation’s key goal is to block the media from access to the investigatory files.The legislation, which took effect only eight months ago, was also hailed by family members of some homicide victims — such as the husband of a woman killed in the 2019 Virginia Beach mass shooting — who wanted to see the full police files in their loves ones’ cases.
Daily Press
Jason Nixon helped craft the 2021 law that expanded access to some police records. Nixon was frustrated by unanswered questions surrounding the death of his wife Kate, one of a dozen people killed in the 2019 mass shooting at a Virginia Beach municipal building. He accused police of withholding key information in the aftermath. “Why are they all of a sudden, with a knee-jerk reaction, trying to change the law on us and take away the rights from the media and other loved ones looking for this information,” Nixon said. The bill up for debate would not entirely repeal existing law because it maintains access to some records for victims, immediate family and certain lawyers. However, Nixon said that leaves out key stakeholders who have a legitimate interest in this information, including unmarried couples. “I fought hard for this law,” Nixon said. “I feel like all of my efforts just went in the trash can.”
WRIC
Charlottesville may return to in-person government and public meetings, but how and how quickly are unclear. City Council renewed its COVID-19 continuity of governance ordinance earlier this week but this time included a provision for in-person and hybrid meetings upon submission and approval of a safety plan. “If City Council would like to physically assemble together for a specific meeting, this ordinance would delegate to the mayor the responsibility to work out with the city manager how that meeting would be managed in terms of COVID precautions,” said city attorney Lisa Robertson. Robertson said the mayor and City Council would have to develop a safety plan to submit to city staff. As of the council’s Monday meeting, no such plan had been developed, Robertson said. Interim City Manager Michael C. Rogers said he and staff are looking into options for a hybrid approach, including city-owned CitySpace as a potential venue that would allow for greater social distancing. Charlottesville is one of the last Virginia holdouts on going back to in-person meetings. The city School Board has held hybrid meetings since May 2021.
The Daily Progress
Several local judges set to be approved by the General Assembly this week received mediocre marks in recent evaluations by local attorneys. Their pending approval is drawing renewed attention to a process that critics say is opaque and subject to potential conflicts of interests. Virginia is one of only two states, along with South Carolina, where lawmakers choose judges. Lawmakers from a particular locality choose judges to serve that jurisdiction. Often that happens in private, though Fairfax County has created a formal application process where candidates are vetted and scored by the Fairfax County Bar Association. The rest of the General Assembly almost always rubber-stamps the delegation’s picks. The system of appointments dates back to at least the Byrd Machine era of segregationist Democrats, according to Del. Ken Plum (D-Fairfax), the longest-serving lawmaker in the legislature. The machine used circuit court judges to enforce voter suppression and entrench white supremacy. Plum says transparency has improved since he was first elected in 1978, when he says party bosses often called the shots and local lawmakers regularly appointed a spouse or law partner to the bench. Still, he says the process is flawed.
VPM
Former Strasburg Mayor Richard Orndorff Jr. will avoid jail time as part of a plea agreement for charges of drunken driving and misusing food stamps. Limited information is available regarding the alleged fraud as Orndorff was charged by way of direct indictment. No criminal complaints, which typically provide a narrative of events leading up to an arrest, are publicly available. The indictments involving the town stated the offense occurred between July 31, 2017, and Aug. 3, 2017; and between Sept. 19, 2018, and Sept. 20, 2018. The indictments state the food stamps or electronic benefit transfer card offenses occurred on July 13 and July 25, 2017, and twice on Sept. 18, 2018. Shenandoah County Assistant Commonwealth's Attorney William Hopchack declined to say after the hearing what led to the food stamp charges. She said the circumstances were not for Orndorff's direct benefit. Orndorff's court-appointed attorney, Ryan Nuzzo, stated his client maintains his innocence against the misuse of funds charges. Nuzzo declined to say what led to the charge but stated the misuse of funds concerned Orndorff's EBT card, not a town of Strasburg credit card.
Daily News Record
Judicial Watch announced on Tuesday that it has filed a lawsuit on behalf of former Alexandria magistrate Elizabeth Fuller, against officials in the Office of the Executive Secretary of Magistrate Services in violation of her First and Fourteenth Amendment rights. Fuller was terminated after speaking to the Alexandria Times about her 2020 complaint that ultimately led to the revocation of former bondsman Man Nguyen’s license. “At all relevant times, Plaintiff was engaged in constitutionally protected speech when she made the comments to the Alexandria Times, which undeniably addressed matters of public concern,” the lawsuit reads. Fuller’s October 2021 termination followed a grand jury indictment of Ibrahim Bouaichi in January 2020 for five charges, including rape. The Alexandria Circuit Court released Bouaichi on bond in April 2020; he later drove to the residence of his rape accuser, Karla Dominguez, where he shot and killed her. Nguyen was the bondsman who posted Bouaichi’s $25,000 bail The Times discovered via a resident-filed FOIA request that Nguyen violated the rules and regulations of his role as a surety bail bondsman, as well as the fact that Fuller filed the complaint that led to the Virginia Department of Criminal Justice Services ultimately revoking his license. On Jan. 26, 2022, Nguyen was convicted for contempt of court in Alexandria Circuit Court and currently awaits sentencing.
Alexandria Times
