Martinsville Commonwealth’s Attorney Patrick Flinn issued a press release Friday afternoon indicating his intention to ask Attorney General Jay Jones to take over the civil case involving a petition to remove Mayor LC Jones from office, and the criminal case allegedly involving the mayor and others, which is assigned to Special Prosecutor Wes Nance.
Flinn said he had asked to be removed from the beginning due to a conflict of interest, but his request was denied. Now, Nance has moved the court to withdraw because he has been appointed to the Circuit Court to serve as a judge.
Below is the release issued by Flinn:
For Immediate Release
Press Release
I am formally requesting that Jay Jones, Attorney General for the Commonwealth of Virginia, consent, to being appointed Special Prosecutor for both the Criminal and Civil cases regarding the former and current City Council for the City of Martinsville, current and former City Administration, the pending removal petition for LC. Jones, and appropriately task the Virginia State Police to investigate these issues. Additionally, I am formally requesting that Abigail Spanberger, Governor for the Commonwealth of Virginia, ask Mr. Attorney General to consent to this request.
The Honorable Wes Nance, current Commonwealth’s Attorney for Bedford County was previously appointed as special prosecutor for the criminal investigation. Mr. Nance has been appointed to the Circuit Court to serve as a Judge, and has motioned the Court to withdraw as special prosecutor. It is my understanding that the Virginia State Police are investigating that case for Mr. Nance, and they have yet to complete their investigation.
Mr. L.C. Jones has filed multiple pre-trial motions with the court in the pending civil case. Mr. L.C. Jones has certified that he has sent copies of those motions to the Attorney General. In his latest filings, he asks the Court to order the Attorney General to appear. Additionally, Mr. L.C. Jones himself has publicly requested multiple times that an outside agency review current city issues.
In my discussions with the people of the City of Martinsville, I have received a consensus that there is a desire for an objective third party to step in and investigate the city matters.
My first act in reviewing this removal petition was to request that I withdraw and that a special prosecutor be appointed in my stead. The Court denied my motion. I still hold those concerns about conflict of interest, and I strongly believe an objective third party must review the allegations in this petition, and represent the Commonwealth going forward. Additionally, this petition raises new legal questions regarding statutes of this Commonwealth that the Attorney General is best suited to address. Finally, the allegations in the petition are directly tied to possible criminal wrongdoing. It makes sense that one party handle both the criminal and civil cases. As established below in the statutes I attach to this press release, only the Governor, Attorney General, or a Grand Jury can task the Virginia State Police to investigate an elected official or political subdivision.
In conclusion, The Commonwealth, Mr. L.C. Jones, and the people of Martinsville, are asking for your assistance Mr. Attorney General and Madam Governor. I am attaching for the public, and for your consideration, a list of statutes relevant to your appointment as Special Prosecutor.
Patrick Flinn
Commonwealth’s Attorney for the City of Martinsville
§ 2.2-511. Criminal cases.
(Enumerated list of crimes the Attorney General may prosecute)
A. Unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving. . .(Emphasis Added)
§ 52-8.2. Certain investigations of elected officials; immunity for witnesses.
(Limitation of the Virginia State Police to investigate Elected Officials or political subdivisions)
A. No investigation of an elected official of the Commonwealth or any political subdivision to determine whether a criminal violation has occurred, is occurring or is about to occur under the provisions of § 52-8.1 shall be initiated, undertaken or continued except upon the request of the Governor, Attorney General or a grand jury. (Emphasis Added)
§ 19.2-155. Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee.
(Special Prosecutor Statute)
. . . the judge of the circuit court shall appoint from another jurisdiction an attorney for the Commonwealth or an assistant attorney for the Commonwealth, with the consent of such attorney for the Commonwealth or assistant, who is not authorized by law to engage in private practice for such case or cases, term or terms of court, or period or periods of time, as may be necessary or desirable, and the same to be forthwith entered of record. However, if the circuit court determines that the appointment of such attorney for the Commonwealth or such assistant attorney for the Commonwealth is not appropriate or that such an attorney or assistant is unavailable, or for other good cause, then the circuit court may appoint an attorney-at-law who shall be compensated pursuant to § 19.2-332 (http://law.lis.virginia.gov/vacode/19.2-332/). Such appointee shall act in place of, and otherwise perform the duties and exercise the powers of, such disqualified or disabled attorney for the Commonwealth, in regard to such case or cases, for the term or terms of the court, or the period or periods of time, for which the appointment and designation is made, or until the disqualified or disabled attorney for the Commonwealth shall again be able to attend to his duties as such. Nothing herein shall prevent a court from appointing as a special assistant attorney for the Commonwealth, without additional compensation, an attorney employed by a state agency when such appointment is requested by the attorney for the Commonwealth and the court determines such appointment will aid in the prosecution of a particular case or cases. (Emphasis added)
