Private Investigator For the Defense

   A Sterling, VA, man, Edward Brown, is charged with aggravated malicious wounding and use of a firearm in the commission of aggravated malicious wounding in the Jan. 26 shooting of Kevin Stottlemyer, 22.  Brown’s attorney, William Bassler, filed several motions, one such motion was to hire a private investigator.  Because Bassler is a court appointed attorney, the court must approve funding to hire a private investigator.  The court granted the request for the defense private investigator, but not until after the Commonwealth Attorney’s office objected to the defense hiring a private investigator.  See Winchester Star Article;

Frederick County Assistant Commonwealth Attorney Glenn R. Williams objected to the request for the defense to hire a private investigator saying that Bassler, Brown’s defense attorney, had not shown a need for a private investigator.

I don’t know the situation in this case, but I do know that the American Bar Association and Virginia’s Rules of Professional Conduct apply special rules of ethics to public prosecutors.  The Rules provide that the prosecutor’s primary goal is to seek justice, not convict.  The prosecutor must assure that the defendant is tried by fair procedures and that guilt is decided on proper and sufficient evidence.  It seems that the hiring of a private investigator for the defense would assist the defense and the prosecutor in getting a fair trial.  The Commonwealth Attorney’s office should not object to the defense asking the court to hire a private investigator without sufficient and specific reasons

I hope there was sufficient protection in this matter for the defendant to get a fair trial. 

Bill Lowrance

President PIAVA

president@piava.org

Madison County’s Sheriff Weaver Violates VA’s FOIA–Pay Up Sheriff $$$$$

  Madison County, VA, Sheriff Erik J. Weaver must pay a $250 fine and the plaintiff’s court fees for willfully violating the state’s Freedom of Information Act, a judge ruled this week in Madison County General District Court.

Experts say the fine may have set a precedent for punishing public officials who fail to comply with open-records requests.  See Richmond Times Story  The court ruled Sheriff Weaver has to pay up with personal funds.  Sheriff Weaver’s response to the news story was “Weaver described Purdum’s (requester) case as a personal attack veiled in an FOIA request from a “former disgruntled employee.”

I hope the various government entities realize that public records mean Public Records. 

Bill Lowrance

President PIAVA

president@piava.org

White House Logs

   In spite of the FOIA and in spite of the new FOIA legislation passed by Congress, the White House still refuses to release Secret Service created WH visitors logs.  The Justice Department is asking to appeal a previous ruling that the records are ”public records.”  See Associated Press Story

 Bill Lowrance

President PIAVA

president@piava.org