"Bungled"? Nay, I say perfectly executed…

From the Richmond Times-Dispatch: Va. execution in ’06 bungled, attorneys say:

Virginia bungled a lethal injection last year, leading to a prolonged execution, lawyers for condemned killer Christopher Scott Emmett contend in an appeal to the 4th U.S. Circuit Court of Appeals.

Emmett is facing execution Wednesday night for the April 2001 slaying of John F. Langley, 43, of Roanoke Rapids, N.C., a co-worker he beat to death with a brass lamp for drug money.

Among other things, Emmett’s lawyers say the executioners of John Yancey Schmitt on Nov. 9 administered the lethal combination of drugs twice. It took 13 minutes for him to die, longer than the other 70 lethal injections performed in Virginia.

[…]

Matthew Engle, one of Emmett’s lawyers, said that because the inmates die and because of the masking effect of one of the drugs, inmates can appear calm and serene even if they are suffering.

“It’s impossible to prove” under the circumstances, he said.

Let’s me provide you with some context about these two pieces of excrement; first, John Yancey Schmitt (from John Yancey Schmitt v. Commonwealth of Virginia, June 8, 2001) [emphasis mine throughout]:

Schmitt was indicted for capital murder based on the willful, deliberate, and premeditated killing of Earl Shelton Dunning during the commission of a robbery, in violation of Code § 18.2-31(4). Schmitt also was indicted for armed entry of a bank with the intent to commit larceny, in violation of Code § 18.2-93; two counts of robbery, in violation of Code § 18.2-58; and three counts of use of a firearm, in violation of Code § 18.2-53.1.

In the first stage of a bifurcated trial conducted under Code § 19.2-264.3, a jury convicted Schmitt of all the offenses charged. In the penalty phase of the trial, the jury fixed his punishment for capital murder at death based on a finding of “future dangerousness,” and for the other offenses at imprisonment for a total of 118 years. The trial court sentenced Schmitt in accordance with the jury verdict.

[…]

On February 17, 1999, Earl Shelton Dunning was shot and killed while working as a security guard at the Bon Air branch of NationsBank (the bank) on Buford Road in Chesterfield County. About a month before Dunning was killed, Schmitt had robbed this same bank and, after that robbery, the bank had hired Dunning to work as a security guard.

Shortly after 1:00 p.m. on February 17, 1999, a man entered the bank wearing dark sunglasses and a bulky jacket. He kept his head lowered and appeared to scan the interior of the bank. Bank manager Sara Parker-Orr testified that she was “nervous” about this man because he was wearing sunglasses inside the bank on a “really cloudy day.” Dunning was outside the bank and, after the man went inside, Dunning entered the bank and walked across the lobby to stand at the end of the “teller line” in which customers were waiting.

The man stood in the teller line behind several customers. Parker-Orr watched him leave his place in line and walk toward Dunning. When the man was within “a foot or so” of Dunning, Parker-Orr heard two gunshots and then heard someone scream, “[G]et down, get down.”

The man next approached Parker-Orr’s teller window and banged on the counter yelling, “Money, give me money,” and “[I]f I don’t get money, I’m going to kill everybody.” Parker-Orr opened her cash drawer and threw money into a black plastic bag that the robber was holding.

The robber continued to bang on the counter demanding “more money.” He announced that he would give the tellers “ten seconds” to give him more money, and began counting backward from the number “ten.” By the time he reached “nine,” teller Marlene Austin was “throwing money in the bag.” Parker-Orr also gave him money from a third teller’s drawer. When she told the robber that she had no more money to give him, the robber left the bank.

The bank’s security camera system recorded photographs of Schmitt approaching the end of the teller counter and standing at a teller window holding a bag and pointing a gun. None of the witnesses who testified at trial saw the actual shooting of Dunning, and the shooting was not recorded by the bank’s security camera system. However, Parker-Orr, Austin, and Kelli Konstaitis, another teller, all identified a photograph of Schmitt recorded by the bank’s security camera system as depicting the man who robbed the bank that day.

After Schmitt left the bank, witnesses telephoned the “911” emergency response number and attended to Dunning, who was lying on the floor. By the time emergency medical personnel arrived, Dunning was dead. The witnesses in the bank testified that they did not touch or see anyone else touch Dunning’s gun or its holster. Dunning’s gun was found in its holster, which was closed and snapped.

An autopsy revealed that Dunning was killed as a result of a gunshot wound to his chest. The bullet entered the right side of Dunning’s chest, causing significant injuries to the aorta, and exited from the right side of his back.

[…]

During the penalty phase of the trial, the Commonwealth presented evidence of Schmitt’s criminal record. Between 1992 and 1996, Schmitt was convicted twice of possession of marijuana with the intent to distribute, and also had convictions of receiving stolen property, possession of a firearm by a convicted felon, and possession of marijuana. Schmitt was on probation for some of these offenses at the time of the capital murder and robbery. He had failed to keep the conditions of his probation requiring him to have regular drug tests and to meet with his probation officer and, as a result, a capias had been issued for his arrest prior to both bank robberies.

In the earlier robbery of the bank on January 19, 1999, Schmitt and another man had stolen over $65,000. Schmitt was armed with a sawed-off shotgun in that robbery. The Commonwealth presented evidence that before the first robbery, police were called to investigate an argument between Schmitt and a girlfriend involving a shotgun, and that Schmitt had “sawed off” the barrel of the gun the night before the first bank robbery.

The Commonwealth also presented evidence of a tape recording of a telephone conversation between Schmitt and a friend in which Schmitt described the present offenses. In addition, the Commonwealth introduced evidence of the “drug dealer lifestyle” that Schmitt had been leading in the months before he committed the present offenses.

The Commonwealth presented testimony from Dunning’s family and friends concerning the impact of Dunning’s murder on them. Dunning’s mother and brother testified that in January 1999, a month before his murder, Dunning had retired from the United States Army after over 20 years of service, and that he had received many commendations honoring his bravery and leadership while in military service. The Commonwealth also presented testimony that Dunning had three children and that he had planned to marry in March 1999. Several bank employees testified that during the few weeks that Dunning worked at the bank, he had developed close relationships with his fellow employees that demonstrated extraordinary thoughtfulness and generosity.

So, Mr. Engle, how much suffering did Earl Dunning and his family experience?

And now, more about Christopher Scott Emmett (from Christopher Scott Emmett v. Commonwealth of Virginia, September 13, 2002) [emphasis mine]:

In a bifurcated trial conducted pursuant to Code § 19.2-264.3, a jury convicted Christopher Scott Emmett of the capital murder of John Fenton Langley in the commission of robbery, Code § 18.2-31(4), and fixed Emmett’s punishment at death.

Weldon Roofing Company employed Emmett and Langley as laborers for its roofing crews. During late April 2001, both men were assigned to a project in the City of Danville and shared a room at a local motel where the roofing crew was staying. On the evening of April 26, 2001, Emmett, Langley, Michael Darryl Pittman, and other members of the roofing crew cooked dinner on a grill at the motel, played cards, and drank beer. During the course of the evening, Langley loaned money to Emmett and Pittman, who used the money to buy crack cocaine.

At approximately 11:00 p.m. that evening, Rainey Bell, another member of the roofing crew, heard a noise he described as “bang, bang” coming from the room Emmett and Langley shared. Shortly after midnight, Emmett went to the motel office and asked the clerk to call the police, saying that he had returned to his room, “seen blood and stuff . . . and didn’t know what had took place.”

The police arrived at the motel at 12:46 a.m. on April 27, 2001 and accompanied Emmett back to his room. There they discovered Langley’s dead body lying face down on Langley’s bed beneath a comforter. Blood spatters were found on the sheets and headboard of Langley’s bed, on the wall behind it, and on the wall between the bathroom and Emmett’s bed. A damaged brass lamp stained with Langley’s blood was discovered beneath Langley’s bed.

In his initial statement to police, Emmett denied killing Langley. He stated that he had returned to the room and gone to bed. Emmett claimed to have discovered the blood and Langley’s body later that night when he got up to use the bathroom. Observing what appeared to be bloodstains on Emmett’s personal effects, the police took possession of Emmett’s boots and clothing with his permission. Emmett suggested that the blood might be his own because he had injured himself earlier in the week. Subsequent testing, however, revealed that Emmett’s boots and clothing were stained with Langley’s blood.

[…]

He first implicated Pittman as Langley’s murderer, but ultimately Emmett told the police that he alone had beaten Langley to death with the brass lamp.

Emmett was given Miranda warnings and he gave a full, taped confession. Emmett stated that he and Pittman decided to rob Langley after Langley refused to loan them more money to buy additional cocaine. Emmett stated that he struck Langley five or six times with the brass lamp, took Langley’s wallet, and left the motel to buy cocaine.

[…]

In addition, the Commonwealth presented evidence from the medical examiner that based upon the amount of blood and bruising of the victim’s brain tissue at the point of impact, Langley was not killed immediately by the first blow from the lamp. The medical examiner conceded, however, that Langley might have been unconscious after the first blow was struck and may have suffered “brain death” prior to actual death.

After the jury convicted Emmett of capital murder and robbery, during the penalty-determination phase of the trial, the Commonwealth presented evidence of Emmett’s prior criminal history. This evidence included an account of an instance in which, while incarcerated in a maximum-security juvenile detention facility, Emmett participated in an escape that involved a guard being “rushed” and locked in a closet. In addition, the criminal history evidence showed that while driving a vehicle under the influence of alcohol, Emmett was involved in an accident in which the driver of a motorcycle was killed in 1996. After the accident Emmett said “that there was no need to worry about the man on the motorcycle. He was already dead, and that [Emmett] could do nothing to help him.” Emmett was convicted of involuntary manslaughter.

[…]

Indeed, Emmett himself confessed that he killed Langley simply because it “just seemed right at the time.”

Again, Mr. Engle, how much suffering did John Langley experience while his head was smashed in with a brass lamp? How about the motorcycle rider that had already been killed by your client?

If only your client receives the same amount of suffering as his victims and their families have received.

Caroline County Issues a Warning about Open Burning

From Ed Fuzy and the Department of Fire, Rescue, and Emergency Management: Caroline County Issues a Warning about Open Burning:

The Director of Fire-Rescue, Edward Fuzy, is advising the public that the lack of rainfall is putting local forestry and fire officials on alert. They are bracing for what could be a very rough fall fire season.

“Looking around, you can’t help but to see how dry it is outside and the dryness makes the area more susceptible to brush and forest fires. The drought conditions, that Virginia is experiencing, have created an extremely hazardous environment” according to Art Singer, Volunteer Fire Chief of Sparta VFD.

According to the Virginia Department of Forestry, the fire occurrence conditions in Caroline are at a very high level. This means that fires start readily, spread quickly, their resistance to control is high, and there is the potential for large fires.

Fire officials are asking the public to be a little more cautious – consider not burning unless absolutely necessary! “Keep your fire supervised at all times. Make sure you have your fire contained before you ever get started by raking a line around it, make sure the fuel is away from it and stay with the fire until it is fully extinguished, and pay special attention to where the embers may go” said Fuzy.

Citizens are requested to completely extinguish smoking materials before discarding them.

Any signs of a fire, including brush or woods fires, should be reported immediately by calling 911. Grasses and brush are particularly vulnerable to rapid fire spread. Keep all debris away from houses and open structures.

Below are some additional tips for helping prevent wild fires from the Virginia Department of Forestry website: www.dof.virginia.gov.

Fire Safety Precautions:

  • Have a cleared area at least 30-feet wide around all structures.
  • Homes built in pine forests should have a minimum 75-foot clearance.
  • Have properly designed driveways that will accommodate firefighting equipment.
  • The house address should be clearly displayed.
  • Keep leaves and debris cleared from under decks and porches so that they will not be set on fire by blowing sparks and embers.
  • Roofs should be of fire-resistant materials. Remove pine needles and leaves from the roof and gutters so that they will not be set on fire by blowing sparks and embers.
  • Have outside water spigots and at least 100 feet of garden type hose readily accessible for fire control until the fire department arrives.
  • Should the situation become life-threatening or an evacuation order is given by fire officials, leave immediately. Do not return until fire officials have given an all-clear message.
  • Dispose of ashes and charcoal briquettes in a metal container and allow them to stay in the container for at least 48 hours. Do not dump hot ashes on the ground.
  • Never store flammable material like firewood or lumber under or near your home. Keep it at least 100 feet away from the house, but never uphill because burning material will roll.
  • Hand tools such as rakes, shovels, and axes should be readily available along with a ladder that will reach your roof.

For more information, contact the office of Fire-Rescue & Emergency Management at (804)633-9831.

What’s wrong with this website?

http://www.visitcaroline.com/07election.html

Anyone else think the names are ordered in an odd way?

They aren’t done alphabetically, and they don’t have the incumbent first (otherwise Sheriff Lippa should be above Mr. Johnson).

Of course, this isn’t the first time that the county administration has dabbled in politics; does anyone else have a problem with the County Administrator promoting “constituent meetings” for Wayne Acors a month before an election? When is he going to start promoting functions for John Green?

(Oh, and by the way, if they change the website, don’t worry, I have a PDF of it that I’ll post.)

Your county tax dollars at work…, Part 2

Paying for a cannery? (An ongoing series on the wasteful spending by the Board of Supervisors and the County Administrator…)

According to the Fiscal Year 2007-2008 Adopted Budget for Caroline County:

The Cannery, located on Route 301 next to the Community Services Center, is a County supported facility that enables Caroline residents to use equipment and technical expertise not otherwise available to them in the canning of food. Individuals may take any quantity or variety of meat or produce to the Cannery and the trained, part time staff will direct and assist them in processing and packing it in cans using the equipment at the facility.

So, we’re paying for the staff and the equipment necessary for a cannery. Paying in the tune of $130,732 budgeted to this operation over the last four fiscal years.

“Our tax base won’t allow 24-hour [fire/EMS] coverage” or a public safety building, but it does allow for a cannery? With that money wasted every year, we could have afforded an additional deputy or an additional firefighter or medic.

Ladysmith Elementary evacuated after bomb threat

From NBC12 News: Two schools threatened with violence :

A Caroline County elementary school was evacuated Thursday morning due to a bomb threat. County deputies were called to Ladysmith Elementary around 9:20 a.m. because of a written bomb threat inside the school.

All the children were taken outside while the state police bomb squad went through the building with bomb-sniffing dogs. Less than two hours later, everyone was allowed back inside.

Ladysmith Elementary is working with deputies to find the culprit.

Stafford County deputies also are investigating a threat against one of the county’s schools.

Deputies searched the home of a 16-year-old student from Mountain View High School.

They received reports that the teen threatened several other students last Friday and talked about shooting up a class. Deputies recovered a BB gun and a knife at the home.

So far no charges have been filed against the teen.

[googlevideo=http://video.google.com/videoplay?docid=7841140039410378636]

Oh, I’m going to blush, Part 2

From The Free Lance-Star: Court opponents help support Latney’s race:

Defense attorney Ed Vaughan donated $500 to Caroline County Commonwealth’s Attorney Harvey Latney’s re-election campaign and plans to help Latney out of a bind in his private practice.

Vaughan was one of eight local attorneys or firms who donated to Latney’s campaign. Overall, defense attorneys gave $4,750 of the $5,000 Latney raised over the summer.

The only donor listed on the report who was not a defense attorney was Supervisor Maxie Rozell.

“Anybody who gave Harvey Latney money did so without expectation,” Vaughan said.

All of the attorneys who donated to the campaign have had at least one case in Caroline County in the last six months.

But Latney said money made no difference in how he handled the cases.

“No one is getting any special treatment just because they think I’m the best person for the job,” he said. “These are people who believe in me and believe I’ve done a great job.”

Uh, because you let their clients off?

A review of Caroline Circuit Court cases over the past six months shows a majority of those that involved donating attorneys were reduced, dropped or nol prossed (dismissed with the potential to bring the charge back at a later date).

But so were most of the cases involving attorneys who did not contribute to Latney’s campaign.

And the largest donor was Mark Murphy, who defended Donna Blanton in the slaying of her husband. Latney won a murder conviction in that case, but an appeals court ordered a new trial because of the jury selection.

Tony Spencer, a former Richmond prosecutor opposing Latney in the incumbent’s first contested election in 30 years in office, did not have any donations listed from defense attorneys on his most recent campaign finance report.

Spencer said he doesn’t think contributing attorneys got preferential treatment in Caroline. But he said the high number of dismissals and reductions in charges are a concern.

“With Mr. Latney in office, Caroline County is a defense attorney’s paradise,” he said. “If I were a defense attorney practicing in Caroline County, I’d contribute to Harvey Latney.”

A Richmond attorney who donated $250 to Latney’s election campaign said he did so because he thinks the Caroline justice system is fair and works well.

“I donated to him to maintain status quo,” said John LaFratta, who often works as a court appointed attorney in Caroline. “If I thought he gave preferential treatment, I wouldn’t practice in that court.”

The status quo that all the criminals get off?

Bill Neely, commonwealth’s attorney for neighboring Spotsylvania County, said it is not unusual for defense attorneys to donate to a prosecutor’s campaign.

“You have to raise money where you can,” Neely said.

Though Neely is unopposed this year, he said he sought funds from defense attorneys when he faced challengers in the past.

“I sent solicitations to every member of the bar,” he said.

Vaughan said he thinks the reason the majority of Latney’s campaign funds come from attorneys is because those are the people he sees regularly.

“You look for money from your friends,” Vaughan said. “And his friends happen to be defense attorneys.”

Vaughan also said he plans to give to a fund for Latney’s private law practice because, “You hope people do the right thing in the time of need.”

Latney owes clients about $300,000 for money missing from their estate accounts he was managing in his Richmond-based practice.

His secretary of 27 years, Sheila Boone, is charged with theft. Although Latney is not suspected to be at fault criminally, he is held responsible for repayment. His insurance carrier has refused to cover the loss.

Craig Cooley, a Richmond defense attorney, said he set up the fund and sent a letter soliciting donations because Latney “is not a high-income person but is a very high-integrity person.”

“He was victimized by a trusted employee,” Cooley said. “It could happen to any of us.”

Cooley also said he felt the fundraiser would have no effect on treatment in Caroline courts.

The only client Cooley has represented in Caroline Circuit Court was John Ames, who was charged with killing his neighbor in a dispute over a bull. Ames pleaded self-defense and was acquitted after a trial.

Cooley would not say how many people he sent the letter to, how many have donated or how much money has been raised.

Why not? Scared of what might come out if you released the information?

He said he doesn’t plan to try any more cases in Caroline anytime soon.

Heavy equipment stolen in Spotsylvania

From NBC12 News: Heavy equipment stolen in Spotsylvania :

In Spotsylvania County, thieves made off with heavy equipment from two construction sites.

A 1995 Caterpillar track loader worth about $290,000 was stolen from a construction lot behind the Kohl’s store in Cosner’s Corner.

Someone also stole a 2004 skid steer loader from a lot in the Lees’ Park area near Ball’s Bluff.

Anyone with information is asked to call Spotsylvania police.

[googlevideo=http://video.google.com/videoplay?docid=-4940570305072253230]

If you have information contact the Spotsylvania County Sheriff’s Office (NBC12: Spotsylvania does not have a police department!) at:

E-Mail: sheriff@spotsylvania.va.us
Main: (540) 507-7200
After Hours Non Emergency: (540) 582-7115
Fax: (540) 582-9448

"’That’s to the point of absurdity that anybody would think that’ a campaign contribution would affect the way a case is handled."

From the Richmond Times-Dispatch: Wife may request outside jury for her retrial:

An attorney for Donna L. Blanton appears to be laying the groundwork to ask that a jury from outside Caroline County hear her retrial for the slaying of her husband.

Defense attorney Mark Murphy requested subpoenas be issued to about 25 television stations and newspapers, including The Times-Dispatch. The subpoenas seek copies of articles and broadcasts about the case, a common precursor to trying to persuade a judge that extensive publicity would make it difficult to seat a jury from within the locality where a crime occurred.

Murphy declined to say yesterday whether he plans to file a motion seeking either to move Blanton’s upcoming trial from Caroline or to bring in jurors from outside the county.

Donna Blanton, 42, is scheduled to be tried again starting Nov. 29 in Caroline Circuit Court for the October 2003 slaying of Virginia State Police 1st Sgt. Taylor V. Blanton.

Blanton was convicted of first-degree murder in 2005 and was sentenced to 28 years in prison. But the Virginia Court of Appeals ruled in April that gender wrongly played a role in how Caroline Commonwealth’s Attorney Harvey Latney Jr. selected potential jurors.

Blanton, who did not testify during her trial, maintained that an unidentified man broke into the couple’s home, shot her husband in bed and fled.

She is being held at the Pamunkey Regional Jail in Hanover County.

Interesting that Mark Murphy has already contributed $1,500 to Harvey Latney’s campaign fund.

I’m absolutely certain he wasn’t thinking he would get special treatment…

Oh, I’m going to blush

From the Richmond Times-Dispatch: Attorney raising funds for prosecutor:

A well-known Richmond defense attorney is soliciting donations to help Caroline County Commonwealth’s Attorney Harvey Latney Jr. repay $300,000 that the prosecutor’s longtime secretary is accused of stealing from a client.

Craig S. Cooley, who has opposed Latney in the courtroom in the past, said yesterday that he sent out the letter because Latney “is perhaps the most respected attorney and human being that I know.”

“It could happen to any one of us,” Cooley said of the theft from an estate for which Latney, who also maintains a private law practice, was the executor.

Cooley said Latney is a fair and honest professional and that Cooley would not expect preferential treatment in his dealings with the prosecutor. Still, Cooley added, “I don’t know that I would take any case at this point in which he was the prosecutor” now that Cooley is soliciting money for Latney.

In 2004, Cooley won acquittal for John F. Ames, a Caroline cattleman and bankruptcy attorney, during a murder trial that Latney prosecuted. Ames had said he acted in self-defense when he fatally shot his neighbor during a dispute over a wayward bull.

While Cooley would not say how much he has contributed to the repayment fund or say who has donated money, campaign finance reports show that several attorneys have given money to Latney’s separate re-election campaign, including some defense attorneys who oppose him in court. One of them, Mark Murphy, gave $1,500, making him the top contributor to Latney’s campaign to date, based on the reports.

Cooley said yesterday that he sent the letter Sept. 20 to a select number of defense attorneys, prosecutors and others, though he would not specify to whom or how many people. Cooley said the fund drive has nothing to do with Latney’s re-election campaign, and he lamented that the letter had been posted on a blog maintained by a supporter of Latney’s opponent, Tony Spencer. Cooley confirmed the authenticity of the letter.

If it’s on the up and up, then what’s the problem?

Spencer, a former Richmond deputy commonwealth’s attorney, said yesterday that a copy of Cooley’s letter had been given to him and that he provided a copy to a supporter.

“I hold Craig Cooley in high esteem. I believe everything he does comes from a pure motive. But it would come as no surprise to anyone that the criminal defense bar would like to see Harvey Latney re-elected,” Spencer said.

Spencer has accused Latney of routinely agreeing to an excessive number of plea deals that result in dropped or reduced charges. Efforts to reach Latney by telephone and in person at his office in Bowling Green yesterday were unsuccessful.

Murphy, the top contributor to Latney’s campaign, represents Donna L. Blanton, a Caroline woman who won a retrial for her conviction in the October 2003 slaying of her law-enforcement husband. Blanton’s new trial is scheduled to start Nov. 29. Murphy represented her during her initial trial as well.

Murphy said yesterday that Latney is a longtime friend and an ardent advocate for the people of Caroline.

“I think he does a fantastic job for that community,” he said. “That’s to the point of absurdity that anybody would think that” a campaign contribution would affect the way a case is handled.

In the Blanton and Ames cases, Latney opposed defense motions, by Murphy and Cooley, respectively, seeking bond for the defendants pending trial. A judge granted Ames bond, but not Blanton.

No, Latney didn’t oppose bond for John Ames, he was paraphrased as saying, “Cooley’s request for a $50,000 bond was too low and that if Ames was released, he should be on court-ordered pretrial supervision.”

In his letter to colleagues, Cooley wrote that Latney’s insurance does not cover theft but that Latney plans to challenge the insurer in court. Cooley wrote that the secretary, Sheila M. Boone, appears unlikely to be able to pay restitution to the clients and that Latney is ultimately responsible to his clients.

“We have long known Harvey to be a man of honor and integrity and an underpaid but devoted public servant,” Cooley wrote. “He needs our help.”

Boone was initially indicted in Richmond Circuit Court, but her case has been turned over to federal authorities. She is scheduled to be tried Nov. 5 in U.S. District Court on charges that she embezzled thousands of dollars from an estate being handled by Latney.

John Ames’s defense attorney soliciting contributions for Harvey Latney

From Craig S. Cooley (PDF link below):

I write on behalf of our mutual friend, Harvey Latney, Jr..

As you are probably aware, a few months ago Harvey learned that his longtime trusted legal assistant had stolen funds from client accounts. These thefts occurred from an estate account, as well as his trust account, and his personal earnings. The assistant has been indicted but the disposition of the stolen funds is unknown and it appears she is unable to make any restitution.

Harvey’s malpractice insurance carrier denies coverage from theft. He will litigate that coverage question in Richmond Circuit Court, but even if he prevails, the insurance coverage is inadequate and this process is time consuming.

The client losses appear to be nearly $300,000.00. Harvey does not have the personal resources to repay these losses. Obviously, despite the fact the losses result from theft, he is ultimately responsible to his clients. Of course, he depends upon his continued professional practice for income and it now appears his ability to continue practicing law may depend on quickly repaying these client losses.

We have long known Harvey to be a man of honor and integrity and an underpaid but devoted public servant. He needs our help.

Therefore, I am asking that you consider a donation to assist in the immediate repayment of these client losses. Please send any amount you can afford, payable to “Craig S. Cooley, Trust Account” so that we can keep clear records of all contributions and document all payments made to Harvey’s clients. Please reference “Harvey Latney Client Restitution” on the memo of your check.

Thank you for your help. Please let me know of any other citizen or member of the Bar that I should contact for this purpose. With kindest personal regards, I am

Very truly yours,
[Signed]
Craig S. Cooley

This is the same Craig S. Cooley that represented John Ames in his first-degree murder trial. This is the same Craig Cooley that managed to secure bond for someone charged with first-degree murder. He managed to secure bond for someone that had previously been charged with attempting to run over a Virginia State Trooper! Charges that Latney nolle prossed! Why is it that Latney didn’t mind Ames being released on bond but both Donna Blanton and Thomas Monroe (both also charged with first-degree murder) were denied bond?

pdficon_smallPDF of letter (recipient’s name and address redacted).