Transparency News, 8/25/21
Wednesday
August 25, 2021
August 25, 2021
state & local news stories
Former Norfolk Sheriff Bob McCabe was found guilty on all counts Tuesday at the end of a three-week federal bribery trial. The jury deliberated about five hours over two days in U.S. District Court in Norfolk before finding McCabe guilty of 11 counts of fraud, conspiracy and money laundering. Each charge carries a maximum penalty of 20 years in prison. U.S. District Judge Arenda Wright Allen revoked McCabe’s bond after the verdicts were read and he was taken into custody by U.S. Marshals. The 63-year-old former sheriff had been allowed to remain free on bond since his indictment in October 2019. But once the verdicts were issued, prosecutor Melissa O’Boyle asked Allen to revoke bond, arguing McCabe was a flight risk now that he’s been convicted.
The Virginian-Pilot
The Virginia Police Benevolent Association says it is working with state lawmakers to draft legislation banning ticket-writing quotas for law enforcement agencies across the state. Virginia State Police, which the PBA says uses the practice that requires troopers to write a certain amount of tickets as a measure of effectiveness, initially denied using quotas. When confronted with an email obtained by the Richmond Times-Dispatch in which a first sergeant scolded troopers for writing too few tickets and told troopers they should write at least five a day, a spokeswoman for the department acknowledged that the department’s various offices around the state set a target number of tickets to write, calling them “average benchmarks” rather than quotas. “There is no reason you should not be writing 5 tickets minimum on a typical day (that’s one every two hours). If you are on free patrol, you should be writing more if you want to remain on free patrol," the email states.
Richmond Times-Dispatch
Once again, there’s an attempt in Newport News to block the media from attending a court hearing that would otherwise be open. This time, it’s not for a police officer charged with murder, but for a man accused of killing a Newport News police officer early last year. It began when a lawyer for Vernon E. Green II — charged with second-degree murder in the January 2020 slaying of Officer Katherine M. “Katie” Thyne — filed a motion in early August asking that certain evidence be barred from Green’s trial. Then, on Aug. 12, that attorney, Newport News Public Defender Edward Webb, and Senior Assistant Commonwealth’s Attorney Dennis Guthinger filed a joint motion asking that the media be barred from attending the hearing about that evidence. They assert that the media should be excluded because it’s a “high-profile case,” and “permitting the media to report on the proceedings would be prejudicial to Green and may result in further public hostility toward Green.”
Daily Press
Virginia Beach will not have comprehensive policies in place to protect transgender students by the start of the school year as required by state law. A vote was scheduled Tuesday, but the board postponed it after two members raised a procedural point, saying the policy wasn’t eligible to be voted on yet because it had not come before the board twice.Tuesday’s discussion was part of another lengthy meeting that ran until nearly midnight. Very few members of the public were allowed in the board’s meeting chambers because of newly adopted social distancing requirements.Speakers were allowed in one at a time and then asked to leave the building, where a group gathered around the door chanting to be allowed in.
The Virginian-Pilot
Generally, the at-capacity crowd [at the Virginia Beach school board meetgin] listened silently to each speaker, throwing up jazz hands in support whenever they agreed with someone at the lectern. Midway through speakers, the crowd booed a woman who was in favor of the model policies and who kept talking after her three minutes were up — she said board members were talking while she spoke. Someone in the crowd yelled profanity at her, and then someone else yelled profanity at the first person who cursed. Board members haven’t shared their concerns over the policies or held public discussion about it at any meeting this summer. Chairwoman Victoria Proffit said the board discussed the issue Monday night in a closed session that was spontaneously called just before the board was to consider this and a resolution to make masks optional in defiance of a state health order requiring them.
The Virginian-Pilot
Recent months have seen dozens of people seeking to speak at Botetourt County School Board meetings. On Tuesday, the division announced a tool to help it manage its public comment sessions. It is introducing an electronic form, posted at the system’s website. “This form will help us prepare for meetings by knowing how many people to plan for and consider whether a change in meeting location is needed,” Superintendent Jonathan Russ said in the news release. “The ability to see when someone completed the form will also help us determine the order of speakers.” Those without internet access may call the school board office.
The Roanoke Times
Monday evening’s meeting of the Spotsylvania County School Board ended after 13 minutes with no business conducted when the audience became unruly. Chairwoman Dawn Shelley told the crowd multiple times that they were out of order. Members of the audience yelled back, “You’re out of order.” Shelley asked a deputy to escort one audience member out before calling the second of two 5-minute recesses, from which the board never returned. The meeting was a special called meeting with the stated purpose of discussing “State Health Commissioner’s Order Issued July 27, 2021,” according to the published agenda. On July 27, the Virginia Department of Health released guidance recommending that K–12 school divisions follow the CDC’s guidance and implement universal mask mandates.
The Free Lance-Star
Eastville Citizen Stuart Oliver has filed another FOIA with Eastville and was told they would not process it. The previous FOIA request clearly stated that he was to be informed if the cost of processing the FOIA exceeded $100. They processed the application and sent Mr. Oliver a bill for $198.40. Oliver sent them a check for $100 marked PAID IN FULL and they rejected it claiming they were owed the full amount. It was also stated that they would no longer process any other FOIA requests unless they were paid in full and in advance. It is Mr. Oliver’s contention that they are wrong in their reading of state code, for one, and are also violating my rights as a taxpayer seeking transparency in local government.
Cape Charles Mirror
The Virginian-Pilot
The Virginia Police Benevolent Association says it is working with state lawmakers to draft legislation banning ticket-writing quotas for law enforcement agencies across the state. Virginia State Police, which the PBA says uses the practice that requires troopers to write a certain amount of tickets as a measure of effectiveness, initially denied using quotas. When confronted with an email obtained by the Richmond Times-Dispatch in which a first sergeant scolded troopers for writing too few tickets and told troopers they should write at least five a day, a spokeswoman for the department acknowledged that the department’s various offices around the state set a target number of tickets to write, calling them “average benchmarks” rather than quotas. “There is no reason you should not be writing 5 tickets minimum on a typical day (that’s one every two hours). If you are on free patrol, you should be writing more if you want to remain on free patrol," the email states.
Richmond Times-Dispatch
Once again, there’s an attempt in Newport News to block the media from attending a court hearing that would otherwise be open. This time, it’s not for a police officer charged with murder, but for a man accused of killing a Newport News police officer early last year. It began when a lawyer for Vernon E. Green II — charged with second-degree murder in the January 2020 slaying of Officer Katherine M. “Katie” Thyne — filed a motion in early August asking that certain evidence be barred from Green’s trial. Then, on Aug. 12, that attorney, Newport News Public Defender Edward Webb, and Senior Assistant Commonwealth’s Attorney Dennis Guthinger filed a joint motion asking that the media be barred from attending the hearing about that evidence. They assert that the media should be excluded because it’s a “high-profile case,” and “permitting the media to report on the proceedings would be prejudicial to Green and may result in further public hostility toward Green.”
Daily Press
Virginia Beach will not have comprehensive policies in place to protect transgender students by the start of the school year as required by state law. A vote was scheduled Tuesday, but the board postponed it after two members raised a procedural point, saying the policy wasn’t eligible to be voted on yet because it had not come before the board twice.Tuesday’s discussion was part of another lengthy meeting that ran until nearly midnight. Very few members of the public were allowed in the board’s meeting chambers because of newly adopted social distancing requirements.Speakers were allowed in one at a time and then asked to leave the building, where a group gathered around the door chanting to be allowed in.
The Virginian-Pilot
Generally, the at-capacity crowd [at the Virginia Beach school board meetgin] listened silently to each speaker, throwing up jazz hands in support whenever they agreed with someone at the lectern. Midway through speakers, the crowd booed a woman who was in favor of the model policies and who kept talking after her three minutes were up — she said board members were talking while she spoke. Someone in the crowd yelled profanity at her, and then someone else yelled profanity at the first person who cursed. Board members haven’t shared their concerns over the policies or held public discussion about it at any meeting this summer. Chairwoman Victoria Proffit said the board discussed the issue Monday night in a closed session that was spontaneously called just before the board was to consider this and a resolution to make masks optional in defiance of a state health order requiring them.
The Virginian-Pilot
Recent months have seen dozens of people seeking to speak at Botetourt County School Board meetings. On Tuesday, the division announced a tool to help it manage its public comment sessions. It is introducing an electronic form, posted at the system’s website. “This form will help us prepare for meetings by knowing how many people to plan for and consider whether a change in meeting location is needed,” Superintendent Jonathan Russ said in the news release. “The ability to see when someone completed the form will also help us determine the order of speakers.” Those without internet access may call the school board office.
The Roanoke Times
Monday evening’s meeting of the Spotsylvania County School Board ended after 13 minutes with no business conducted when the audience became unruly. Chairwoman Dawn Shelley told the crowd multiple times that they were out of order. Members of the audience yelled back, “You’re out of order.” Shelley asked a deputy to escort one audience member out before calling the second of two 5-minute recesses, from which the board never returned. The meeting was a special called meeting with the stated purpose of discussing “State Health Commissioner’s Order Issued July 27, 2021,” according to the published agenda. On July 27, the Virginia Department of Health released guidance recommending that K–12 school divisions follow the CDC’s guidance and implement universal mask mandates.
The Free Lance-Star
Eastville Citizen Stuart Oliver has filed another FOIA with Eastville and was told they would not process it. The previous FOIA request clearly stated that he was to be informed if the cost of processing the FOIA exceeded $100. They processed the application and sent Mr. Oliver a bill for $198.40. Oliver sent them a check for $100 marked PAID IN FULL and they rejected it claiming they were owed the full amount. It was also stated that they would no longer process any other FOIA requests unless they were paid in full and in advance. It is Mr. Oliver’s contention that they are wrong in their reading of state code, for one, and are also violating my rights as a taxpayer seeking transparency in local government.
Cape Charles Mirror
stories from around the country
"The judge became troubled when prosecutors insisted they had complied, but declined to say how or to put their compliance on the official court record."
Idaho Supreme Court justices on Monday unanimously ruled the state's new law on citizen-led ballot initiatives to be unconstitutional and said it infringed on the public's right to enact laws outside of the Idaho Legislature. The opinion ruled in favor of Reclaim Idaho, the organization that spearheaded the successful Medicaid expansion initiative in 2018 and sued the Idaho Legislature in May. The Committee to Protect and Preserve the Idaho Constitution, a coalition of mostly Idaho attorneys, also joined Reclaim Idaho's lawsuit. The state's highest court ruled that the law would have infringed on a fundamental right for a citizen-led initiative. The Legislature and Secretary of State's Office "failed to present a compelling state interest for limiting that right," the Supreme Court wrote.
Governing
A federal magistrate judge is challenging the Justice Department’s refusal to detail how it dealt with First Amendment and free press concerns before seeking to bring Capitol-riot-related criminal charges against Owen Shroyer, a Texas man who hosts a TV program on the right-wing, conspiracy-oriented Infowars website. Last week, U.S. Magistrate Judge Zia Faruqui granted the government’s request for an arrest warrant against Shroyer on several misdemeanor charges relating to entering a restricted area at the Capitol on Jan. 6. During a telephone conference, Faruqui asked prosecutors whether the Justice Department considered Shroyer a member of the media and whether prosecutors complied with DOJ regulations about investigations impacting members of the press. The judge became troubled when prosecutors insisted they had complied, but declined to say how or to put their compliance on the official court record.
Politico
The City of Tallahassee and the Tallahassee Police Department introduced a new way for residents to interact with police – a "first of its kind" mobile phone application that, among other things, can record interactions with officers. Tallahassee Bystander hit app stores Tuesday morning. The app was developed over the past year by the city's Technology and Innovation Department in partnership with Tesia Lisbon and Paul Woodly from local non-profit More Than a Name and local company Quadrant 2. According to the police department, videos recording on the app stream off the phone live, so that when a video starts, it cannot be censored or edited. The app also does not require registration, so video submissions are anonymous. If the police department wants to reach out for more information about a submission, it is done via push notification to further maintain anonymity.
USA Today
Governing
A federal magistrate judge is challenging the Justice Department’s refusal to detail how it dealt with First Amendment and free press concerns before seeking to bring Capitol-riot-related criminal charges against Owen Shroyer, a Texas man who hosts a TV program on the right-wing, conspiracy-oriented Infowars website. Last week, U.S. Magistrate Judge Zia Faruqui granted the government’s request for an arrest warrant against Shroyer on several misdemeanor charges relating to entering a restricted area at the Capitol on Jan. 6. During a telephone conference, Faruqui asked prosecutors whether the Justice Department considered Shroyer a member of the media and whether prosecutors complied with DOJ regulations about investigations impacting members of the press. The judge became troubled when prosecutors insisted they had complied, but declined to say how or to put their compliance on the official court record.
Politico
The City of Tallahassee and the Tallahassee Police Department introduced a new way for residents to interact with police – a "first of its kind" mobile phone application that, among other things, can record interactions with officers. Tallahassee Bystander hit app stores Tuesday morning. The app was developed over the past year by the city's Technology and Innovation Department in partnership with Tesia Lisbon and Paul Woodly from local non-profit More Than a Name and local company Quadrant 2. According to the police department, videos recording on the app stream off the phone live, so that when a video starts, it cannot be censored or edited. The app also does not require registration, so video submissions are anonymous. If the police department wants to reach out for more information about a submission, it is done via push notification to further maintain anonymity.
USA Today
editorials & opinion
It can be the worst day of a citizen’s life when they interact with law enforcement, firefighters or EMS workers. They could be the victim of a crime, hurt in an accident or just watched all their worldly possessions go up in flames. Hampton Road residents shouldn’t have to worry that calling for help might also mean exposure to COVID-19. It’s why communities here emphasized vaccination for first responders, providing them priority access early in the rollout. How many of these front-line public servants are vaccinated? Residents here do not know because, according to Virginian-Pilot reporting, most cities and public service agencies aren’t keeping records — and certainly not making any data available. It also makes sense that data about vaccination rates should be compiled by individual agencies and available for citizen review. It’s information the public should have and would comport with federal health privacy laws, since individuals wouldn’t be identified.
The Virginian-Pilot
The Virginian-Pilot
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