Martinsville Commonwealth’s Attorney Patrick Flinn has issued a press release stating that the Attorney General has declined to take over the suspended Martinsville mayor’s case. That means Flinn will pursue a new special prosecutor for the criminal investigation because the previous one has been appointed as a judge. LC Jones is challenging his removal, and a jury trial in the removal case is scheduled for June 5 in Martinsville Circuit Court.
This is the release issued by Flinn on Friday morning:
The Attorney General has formally declined to assist the City of Martinsville.
As I explained in my previous press release, in which I requested the Attorney General step in, The Code of Virginia effectively limits criminal investigations of elected officials and political subdivisions to the Attorney General, the Governor, or a Grand Jury.
I can not convene a grand jury in this matter as the criminal investigation rests in the role of the Special Prosecutor due to the conflicts stated then and what I have repeated in my original motion to recuse myself.
The Court has signed the order allowing The Honorable Wes Nance to withdraw as Special Prosecutor as he leaves his role as Commonwealth’s Attorney for Bedford County and takes the bench as a judge.
The search for a new Special Prosecutor has begun. I will update the public when that concludes.
