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News

Freedom, but no pardon: Soering and Haysom to be paroled, deported

“Finally.” That was the first word tweeted on a Twitter account for Jens Soering November 25, the day he learned he and former girlfriend Elizabeth Haysom had been granted parole, 34 years after the savage murders of her parents, Derek and Nancy Haysom.

Upon their release, Soering, 53, and Haysom, 55, will be turned over to ICE. He’ll be deported to Germany and Haysom will be sent to her native Canada. Neither will be allowed to return to the United States.

The sensational case of the two UVA Echols scholars who fled to Asia and were arrested in England has long enthralled central Virginia. Soering was an 18-year-old virgin when he met femme fatale Haysom, 20, and fell under her spell. 

He initially confessed to the slayings of the Bedford couple, whose throats were slit and who were stabbed multiple times, to protect his lover from execution, believing that as the son of a German diplomat, he’d have diplomatic immunity. He quickly recanted his story, but authorities chose not to believe his denial, nor did they accept Haysom’s initial confession.

After fighting deportation for four years, his 1990 murder trial was broadcast, a rarity here. Haysom was sentenced to 90 years as an accomplice before the fact, and Soering received two life sentences.

He has steadfastly maintained his innocence, and over the years has gained many prominent supporters, including German Chancellor Angela Merkel, Nobel Peace Prize nominee Irwin Cotler, and Albemarle Sheriff Chip Harding.

In 2009, then-governor Tim Kaine, on his way out of office, agreed to transfer Soering to Germany, but Kaine’s successor, Bob McDonnell, immediately quashed that plan.

In 2016, German filmmakers released a documentary on the case called Killing for Love. In letters, Haysom frequently expressed her desire to see her parents dead, and suggested that her mother sexually abused her—although she denied that at her trial.

Harding became involved in the case about that time, and with other retired cops—Chuck Reid, who was the Bedford County Sheriff’s Office initial investigator of the murders, former Charlottesville police investigator Richard Hudson, and former FBI agent Stan Lapekas—became convinced there were gaping holes in the evidence against Soering and that Haysom had the motive for the vicious attack.

Haysom’s rare type B blood was found at the scene, as was a bloody sock print. An expert witness at Soering’s trial testified that it could belong to Soering, but other investigators have derided that opinion as “junk science.”

Later testing showed that the O type blood found at Loose Chippings, the Haysoms’ Bedford home, did not belong to Soering, and no physical evidence links him to the crime scene. DNA testing indicates blood found there belongs to two still-unidentified men, says Harding.

He wrote a 19-page letter to the governor in 2017 and said, “In my opinion, Jens Soering would not be convicted if the case were tried today, and the evidence appears to support a case for his innocence.”  

Harding learned of the parole when a reporter called. “I’m ecstatic for Jens,” he says. “It’s his life and this is the most important thing for him. As an investigator, I’m not satisfied.”

He says parole investigators won’t tell him what they found, nor what they determined wasn’t credible. “We’ll probably never get the answers we want.”

Soering’s attorney Steve Rosenfield represented the now-exonerated Robert Davis, another false confession client who spent 13 years in prison. 

Rosenfield filed a petition to pardon Soering in 2016. Governor Ralph Northam rejected an absolute pardon, as did the parole board, which calls Soering’s claims of innocence “without merit.” But the board did agree to parole after rebuffing requests from both model prisoners many times over the years.

In a statement, Board Chair Adrianne Bennett said parole and deportation were appropriate “based on their youth at the time of the offenses, institutional adjustment, and their length of incarceration.” She notes that their expulsion from the United States “is a tremendous cost benefit to the taxpayers of the Commonwealth of Virginia and we have determined that their release does not pose a risk to public safety.”

Rosenfield, who spent more than 3,000 hours working pro bono on Soering’s case, learned of the decision when he read Frank Green’s Richmond Times-Dispatch story, and at press time had not spoken to Soering.

On Twitter, Soering expressed frustration with the decision: “Without a pardon there might be freedom, but there won’t be justice.”

To those who believed him, he says, “I owe this freedom to my fantastic supporters, who worked so hard, never lost hope and stood by me throughout the decades. Apparently, ‘thank you’ isn’t enough.”

Observes Harding, “People in Virginia, if innocent, once convicted, their chances of being vindicated are pretty slim.”

Categories
Living

The overnighter: Farmville—surprises await in the rural college town

Farmville is not a likely spot for a getaway, unless you’re shopping in the massive Green Front Furniture warehouses or dropping students off at Longwood or Hampden-Sydney colleges. But we’d been hearing from friends who’d been to the quaint, historic town to check out its new High Bridge Trail. And with the opening of a recently renovated historic hotel promising luxury accommodations at a fraction of big-city prices, we couldn’t resist. Luxury—in Farmville?

From Charlottesville, Farmville is an easy hour-and-15-minute, two-lane drive down Route 20 through Scottsville. Approaching town, we switched off the GPS and then cruised the streets casually, taking our time to find the hotel and getting the lay of the land in the compact historic downtown.

The Hotel Weyanoke sits across from Longwood University. Built in 1925, the hotel recently expanded to 70 rooms. The least expensive have a queen bed and go for $99 a night, bumping up to $109 a night on weekends (plus taxes and other fees). We chose a room with two queens and a balcony, which came to $140 all in for a Sunday stay. The accommodations were spacious and deluxe, with mid-century–style furnishings and decorations of small sculptures and stylish vases. Oddly, these items were all glued down (to prevent theft, we guess). In any case, we were thrilled with the oversized shower, the low light, and the sensor that illuminates the bathroom when you walk in (especially helpful in the dark of night). We also appreciated the fridge, wooden tray for breakfast in bed, and the Hamilton Beach coffee maker with refillable filters.

The hotel’s location is perfect for walking to explore downtown. The first diversion to catch our eye was a series of vintage-styled women’s costumes in the window of the Longwood Center for the Visual Arts. Admission is free to the 33,000-square-foot center, a former Rose’s department store. Author and illustrator Victoria Kahn’s “Pinkalicious” exhibition was just ending, and Christopher Reporter’s exhibit of death masks, including Lee Harvey Oswald, was a serious contrast to the pinkaliciousness. The costumes in the window, we learned, were designed for Longwood theater productions like Macbeth and A Midsummer Night’s Dream.

Also on Main Street, Green Front Furniture offers almost a million square feet of high-end wares at discount prices. The furniture mecca encompasses 12 buildings—many of them former tobacco warehouses—and has long been a destination for design-minded Charlottesvillians. But if furniture shopping isn’t your thing, the historic district offers other options. Mainly Clay has handcrafted gifts, pottery supplies, and classes. Gladiola Girls lifestyle boutique boasts “urban chic wear,” something else we wouldn’t have expected in a former tobacco town.

The 32-mile-long High Bridge Trail access point is also on Main Street, about a quarter mile from the Hotel Weyanoke. The former rail bed with finely crushed limestone has been a draw for Charlottesville bicyclists, who rave about how level it is and amenities like picnic tables and toilets along the trail. The actual High Bridge spans 2,400 feet, about 125 feet above the Appomattox River. If you don’t BYOBike, the Outdoor Adventure Store at the access point rents trail cruisers for two hours for $19.95—enough time to get to the High Bridge 4.5 miles away.

After you explore the trail, a glass of wine or a beer awaits at Charley’s Waterfront Café & Wine Bar, just a block from the trailhead. Charley’s has a deck that overlooks the river, and its railing was posted with signs asking people to not feed the goats below, which were busy chomping on the overgrowth along the river bank.

Suitably refreshed after imbibing at Charley’s, we headed back to the hotel for a bite at Effingham’s, a brightly lit restaurant where everything—pizza, calamari, mussels—is coal-fired. Frankly, we weren’t super-impressed with the food, but we were intrigued by the hotel’s seasonal Catbird Rooftop Lounge. It offers birds-eye views of downtown Farmville and oysters on the weekends. We vowed to come back to hang out there in nicer weather.

Ultimately, we satisfied our hunger at the North Street Press Club, which is less than a block from the hotel and across from the Farmville Herald building. Opened this summer, the restaurant, in a renovated brick building, had the most innovative menu we saw in Farmville, with a number of Asian-fusion selections. Chicken tikka tacos and the Venice Beach tuna tacos use naan instead of tortillas, and naan figures in its version of the classic Vietnamese banh mi sandwich, called Naanh Mi (get it?). Most menu items are in the $10 range, so even underpaid reporters—and students—can eat there occasionally.

As cool as the revitalized town feels, Farmville, like many Southern towns, still grapples with its racist past and Prince Edward County’s dubious distinction of closing its public schools for five years rather than integrate. That’s why a visit to the Moton Museum is a must.

The museum is in the former Robert Russa Moton High School, a National Historic Landmark where in 1951 black students went on strike to demand learning conditions equal to those at the white high school. The students convinced the state NAACP to take their case, which became one of five the U.S. Supreme Court considered in its 1954 landmark Brown v. Board of Education ruling that segregated education was unconstitutional.

The free exhibit takes visitors through the conditions at the overcrowded school and its auxiliary tar-paper shacks, the student strike, and Virginia’s response: “massive resistance,” where schools throughout Virginia, including in Charlottesville, elected to close rather than integrate. Upon exiting, we ran into Cainan Townsend, the museum’s director of education and a Farmville native. His father was 11 years old when he started the first grade, and 22 when he graduated from Moton. Today, Townsend says, “You still have that legacy of a generation that was disenfranchised.”

The museum was a sobering conclusion to our visit. But it also confirmed that yeah, Farmville is a worthwhile destination.

Farmville: The list

Hotel Weyanoke: 202 High St., 658-7500, hotelweyanoke.com

Green Front Furniture: 316 N. Main St., 392-5943, greenfront.com

High Bride Trail: visitfarmville.com/high-bridge

Longwood Center for the Visual Arts: 129 N. Main St., 395-2206, lcva.longwood.edu

Mainly Clay: 217 N. Main St., 315-5715, mainlyclay.com

Gladiola Girls: 235 N. Main St., 392-4912, gladiolagirls.com

The Outdoor Adventure Store: 318 N. Main St., 315-5736, theoutdoor adventurestore.com

Charley’s Waterfront Café & Wine Bar: 201 Mill St., 392-1566

Effingham’s: see Hotel Weyanoke

Catbird Rooftop Terrace: see Hotel Weyanoke

North Street Press Club: 127 North St., 392-9444

Moton Museum: 900 Griffin Blvd., 315-8775, motonmuseum.com

Categories
News

Blue wave: Dems take General Assembly—but GOP keeps local legislators

Governor Ralph Northam declared Virginia “officially blue” following Tuesday’s election that gave Democrats control of both houses in the General Assembly for the first time in 26 years. And Dems swept Albemarle County, taking the Board of Supervisors, commonwealth’s attorney, and sheriff races.

Yet the local House of Delegates races resulted in no upsets and no surprises. Eleven House districts were redrawn after the U.S. Supreme Court ruled in June that they were racially gerrymandered, but that didn’t affect those around Charlottesville, “which aren’t really drawn to be that competitive,” says Kyle Kondik, managing editor for Larry Sabato’s Crystal Ball.

Republican incumbents Rob Bell and Matt Fariss easily held onto their seats by hefty margins. Steve Landes did not seek reelection and opted for the Augusta clerk of court job instead. His successor, Chris Runion, who vowed to get to Richmond to fight the “liberal left” and protect the unborn, kept the 25th District red, while Democrat Sally Hudson sailed into office unopposed.

Democrats ended Election Day with a 21-19 majority in the Senate, and a 55-45 hold in the House of Delegates.

Kondik is not surprised at the two Democratic flips in the General Assembly. “The Trumpian White House was the driving force,” he says, and the prognosticators are moving Virginia from “leans Democratic” to “likely Democratic.”

So what will a blue legislature mean for the state?

“A Democratic General Assembly can pass the Equal Rights Amendment and be the 38th state to do so,” says Democrat state Senator Creigh Deeds, who easily held onto his seat with 67 percent of the vote over independent challenger Elliott Harding. He also anticipates a $15-an-hour minimum wage and an LGBTQ anti-discrimination bill “to protect all Virginians” to pass in the upcoming session.

Gun safety is another hot-button issue for Democrats after the Virginia Beach shootings and Republicans’ refusal to consider any legislation at a special session in July. Background checks and red flag laws are measures Deeds is “confident” can pass in the next session.

The one local General Assembly race that was surprisingly close was former Charlottesville school board chair Amy Laufer’s challenge to incumbent state Senator Bryce Reeves in the 17th District. Democrat Laufer garnered 48 percent of the vote to Reeves’ 52 percent.

It was also the race that was TV ad-heavy, with Laufer calling out Reeves’ insurance industry connections and Reeves firing back with “lying, liberal Lauper.”

The district was competitive when Reeves was elected in 2011, but Kondik says he would have been surprised if Laufer had won because its rural sections have become more sharply red.

In his victory speech, Reeves sounded like the underdog when he told supporters, “Against all odds, against all the stones, you held the line.” He promised to hold Democrats accountable in Richmond and to fend off “infanticide.”

For David Toscano, outgoing House minority leader, the only surprise in the Dem insurgency was that they took 55 seats rather than the 54 he expected.

He noticed some Republicans using abortion to energize their bases. In most races, “It didn’t pan out for them,” says Toscano. “People were more concerned about guns than reproductive rights. That worked for us.” Immigration was another GOP issue that failed to resonate, he says.

One of the indicators Toscano eyed on Election Day was turnout. “The last off-off-election year, turnout was under 30 percent statewide,” he says. This year, “turnout was off the charts.”

In Albemarle County, turnout was 50 percent compared to 31 percent in 2015. “For an off-off-year election, this is a pretty big jump,” says Albemarle registrar Jake Washburne.

Money was another factor in the 2019 county races, with progressive donor Sonjia Smith putting an eye-popping $114,000 into Democrat Jim Hingeley’s commonwealth’s attorney bid. Hingeley raised $200,000 to oust incumbent Robert Tracci, who raised $119,000, 56 percent to 44 percent.

Smith also pumped $60,000 into Laufer’s race, and gave Hudson nearly $103,000 for the 57th District before Toscano had announced he wouldn’t seek another term.

“I don’t really like how significant money is becoming and candidates relying on one person to get elected,” says Toscano. Huge donations make candidates “too beholden,” he says, and he’d like to see the General Assembly enact some campaign finance restrictions.

A big issue for Charlottesville is the state law that prohibits the removal of Confederate statues. Toscano’s bills the past two years to give localities the power to chart their own statue destiny haven’t gotten out of subcommittee.  He’s certain another bill to do so will be introduced, but doesn’t think its passage is a sure thing. “Some Democrats are a little leery of that bill,” he says. However, Governor Northam says he supports letting localities decide.

Toscano’s prediction for future races: “As long as Trump is in the White House, Democrats are going to do well.”

Political operative Paul Wright, a former Republican who became a Democrat in 2016, was Chan Bryant’s campaign manager. He spent November 5 at Ivy polls. “Turnout was a pleasant surprise,” he says. “The enthusiasm at the polls was clearly with the Democrats.”

He was confident about Bryant’s 8,000-door-knocking campaign, but didn’t expect her to win with 60 percent against former Charlottesville Police spokesman Ronnie Roberts.

He attributes the statewide Dem swell to demographic changes that are making the state bluer, the amount of money Dems had to get their message out, and “compelling candidates.”

He says, “A lot of people were vocal about wanting to send Trump a message.” In contrast, he didn’t see that same intensity from Republicans at the polls.

Democrats took control of the legislature with Republican-drawn lines, says Wright, and he anticipates more competitive races in Albemarle in two years when the lines have been redrawn.

One issue he can’t figure out: “As of today, I have trouble coming up with a pathway for Republicans in Albemarle County.”

Categories
Arts

Homecoming: Filmmaker Ricardo Preve returns with a discovery story of a missing World War II sailor

It started with a chance remark. In 2014, former Crozet resident Ricardo Preve was off the coast of Sudan to film sharks. At the end of his stay in the treacherous shallow waters surrounding thousands of islands in the archipelago, “A guy told me an Italian submarine sank here,” says Preve.

That detail sent Preve on a years-long effort to tell the story of the Macallé, which went down in June 1940, and the one sailor who didn’t make it home.

Because the Macallé was the first Italian sub to sink in World War II, its navy formed a commission of inquiry and produced a 300-page report, complete with interviews of the 44 sailors who survived. That report and those interviews practically became the script for Coming Home, says Preve.

The Macallé was the first submarine to be deployed in tropical conditions, says Preve, and the temperature in the Red Sea topped 100 degrees. Use of a poisonous chemical coolant compounded the disaster.

Preve led an international dive team back to Barra Musa Kebir, a desert island slightly larger than a football field, to try to find the sub, which, after the crew had escaped, according to the report, slipped off a reef into “an abyss,” he says.

From the government account, he knew that one sailor, Carlo Acefalo, had died on the island, and while there, Preve found what he believed was Acefalo’s grave. But it took three years to get permits to excavate it. Because he had rented a dive boat and said nothing about searching for a submarine, “We got into trouble with the Sudanese government,” says Preve.

“I realized we had a film,” he says. “We began interviewing descendants of the crew.” He went to Castiglione Falletto, now an expensive wine-growing area, where Acefalo had grown up at a time when people were very poor, he says.

Before he got the permit to return to Barra Musa Kebir, Preve built a scale replica of the submarine in Argentina. In July 2017, “I filmed a historical recreation of the event in Buenos Aires, where I have my people and it’s cheaper,” he says.

The filming took place as Preve faced his own personal tragedy. His daughter Erika, a Western Albemarle and UVA grad, had died in March 2017 at 29 years old.

“Thanks to cinema,” says Preve, “I was able to overcome my tremendous grief in losing Erika.”

He also took “a huge gamble doing a historical recreation without knowing if we could get [back] on the island,” he says.

Documentaries have evolved since the days they were “didactic and tensionless,” says Preve of his reenactment. He built the submarine and filmed the sailors’ harrowing ordeal seeking rescue from the desert island before they were captured by the British because it’s “more interesting than talking heads,” he explains. “I try to avoid talking heads.”

In October 2017, Preve’s team was able to excavate Acefalo’s grave. It took another year for Sudan to release the remains. On November 24, 2018, “We put him next to his mother”—78 years after he died and on the same day she was born in 1894, according to the marker on her grave, says Preve.

The reaction in Italy, where Coming Home has aired on television several times, has been tremendous, says Preve. “People all over Italy are writing me.” The film has also done well on the festival circuit, with Preve getting the gold at the Los Angeles Motion Picture Festival for best documentary director.

Renowned local documentary filmmaker Geoff Luck met Preve about a decade ago. “What’s interesting about Rick is that he works in fiction and nonfiction,” says Luck. Preve approaches a factual story with an “adroit use of the storytelling techniques of fiction.”

Adds Luck, “He’s constantly finding interesting, intriguing stories.”

Preve has spent the past five years in Genoa. He’ll show Coming Home at the Virginia Film Festival, where he used to be on the board of directors. “It is also coming home for me,” he says. October 24, the day of the screening, is his birthday. “Erika is buried in Albemarle County, and so many friends and family live here.”

Coming Home will screen on Thursday at 6pm at Violet Crown cinema.

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News

License to bully?: Local nonprofit stations say Saga is out to bankrupt them

Last month, corporate radio giant Saga Communications petitioned the Federal Communications Commission to deny license renewal to five small, nonprofit Charlottesville stations. It’s a move one station owner calls “a blatant attempt at economic bullying through litigation” that if successful, would shut down the area’s only progressive talk radio and programming geared toward African American audiences.

Saga Communications, headquartered in Grosse Pointe Farms, Michigan, is the parent company of local radio stations WINA, 3WV, and The Corner. Saga earned nearly $125 million in 2018 and owns 79 FM and 34 AM radio stations in 27 markets, Its subsidiary, Tidewater Communications LLC, filed the petition.

Low-power stations have a median range of three and a half miles and were created to foster community radio during a period of massive radio consolidation, following the deregulation of broadcast companies under the 1996 Telecommunications Act.

The five low-power stations—WPVC 94.7FM progressive talk, WXRK-LP 92.3 Rock Hits, WVAI-LP 101.3 Jamz, and oldies stations WREN-LP 97.9 and WKMZ-LP 96.5 in Ruckersville—are independently owned.

Because four of them share space in Seminole Square, Saga says they have a management agreement, which is an FCC no-no. Saga also contends the stations air commercials rather than underwriting announcements, run simulcast programs, and filed applications that are “rife with false certifications,” according to the petition.

WNRN founder Mike Friend owns WXRK-LP, and he’s the first of the five stations to file a response in opposition to Saga’s petition. “It’s legal junk” and a deliberate “misinterpretation” of FCC rules, says Friend. He raised money on air to hire an attorney.

Friend says Saga has gone after low-power stations before. In 2015 Saga petitioned the FCC to revoke the license of WLCQ-LP, a Christian contemporary station in Feeding Hills, Massachusetts, for equipment violations.

And in 2004, Saga alleged that KFLO-LP in Jonesboro, Arkansas, was violating its non-commercial license by airing announcements that “sound suspiciously like commercials,” according to Wikipedia. The FCC “admonished the station,” but denied the rest of Saga’s complaint.

“They think there’s a finite pie of ad dollars that they think they deserve,” says Friend. “If we went off the air tomorrow, 3WV would not gain a single listener.”

The allegation that stung WPVC owner Jeff Lenert the most was Saga’s claim that the stations provide no community good or services. “I cannot stand by while they say we do nothing,” he says, listing his station’s public service efforts, including 21 hours a week of the area’s only Spanish-language broadcasting.

“We’ve had an immigration attorney on air to take questions,” he says. “We really focus on women’s health in the Hispanic community.” And the station just partnered with a nonprofit to provide 1,400 backpacks to kids going back to school.

WPCV’s Jeff Lenert

In the midst of dealing with the Saga petition, he says “pro-Confederate statue folks” have been contacting his station’s underwriters with “implied threats.”

By having to hire a lawyer, Lenert says his expenses have tripled and his revenues decreased because of his underwriters “fear of retribution” from the “neo-Confederates.”

Lenert compares Saga going after his tiny station to “The New York Times coming after C-VILLE.” He says, “Their intent, from my perspective, is to drive us into bankruptcy.”

On the plus side, people have been calling and coming into the station “telling me how unfair this is,” he says. The number of people listening has gone up, as have donations, he adds.

“Shameful,” says City Council candidate Michael Payne about the Saga petition on Facebook. “Corporate attacks on local media outlets are a threat to a robust free press and local democratic debate.”

Christina Dunbar-Hester is a University of Southern California professor who wrote Low Power to the People: Pirates, Protest, and Activism in FM Radio Activism. She says the Saga petition “does strike me as basically harassment because they have more resources.”

“The threat of pulling licenses sounds like someone knows that’s going to be very stressful and burdensome for those organizations,” she adds.

While the FCC wants to make sure low-power stations are independently owned, there’s an “economy of scale” for small stations sharing resources, says Dunbar-Hester.

“We are nothing more than roommates,” says Lenert about the other stations.

The most serious Saga allegation, says Dunbar-Hester, is blurring the line between underwriting and commercials.

Lenert says that’s “easily fixed.” And Friend says, “We maintain otherwise.”

Nathan Moore, general manager of WTJU, says the FCC typically levies fines that hurt, but are payable. “They renew pretty much everyone unless it’s totally egregious.”

He notes, “David might not be perfect, but no one roots for Goliath.”

Saga attorney Gary Smithwick declined to comment about the petition. And WINA general manager Mike Chiumento, who oversaw the monitoring of the LP stations’ underwriting announcements, did not respond to a call from C-VILLE.

A footnote in Saga’s petition makes clear that competition is a concern. “Whether the renewal applicants are abusing their non-tax status is beyond the scope of this petition or the jurisdiction of the commission. Yet, the competition of an entity that does not pay federal taxes with business entities like Tidewater is grossly unfair.”

Updated to correct typo in WPVC call letters and WXRK’s frequency, 10/16.

Categories
News

Repair despair: Ivy’s Toddsbury closes after 25 years

Two days before the October 11 closing of Toddsbury of Ivy, a beloved convenience store in the heart of the small western Albemarle community, its parking lot was paved. That’s something the store’s owner says he’s been asking the landlord to do for over a year, and maintenance was a factor in Bruce Kirtley’s decision to close shop.

“It’s been 25 years and I’m 65 years old,” says Kirtley. “It’s time to move on.”

The property is owned by Phil Dulaney, whose sizable land holdings include a once-thriving tourist center with a Holiday Inn and Howard Johnson at the intersection of the Blue Ridge and Shenandoah national parks; Charlottesville Oil across from the Boar’s Head Inn on Ivy Road, where, according to multiple sources, the roof leaks so badly that employees move desks when it rains; and Swannanoa palace, a historic landmark that has been used to store construction debris from other Dulaney properties.

In a 2015 story, “The ruins of Afton Mountain: Eyesores along a scenic byway,” C-VILLE estimated his commercial real estate, most of it in prime locations, was worth at least $30 million. Dulaney did not return a phone message left at Charlottesville Oil.

“I did 90 to 95 percent of repairs over 25 years,” says Kirtley, who says he tried for the past 15 years to buy the property from Dulaney. “If I owned it, it would look a lot different. You can’t keep putting your own money into property you don’t own.”

Ivy residents are mourning the loss of Toddsbury, where they could pop in to buy a decent bottle of wine, coffee, or homemade chicken pot pie from its deli. “Construction guys are here in the morning, doctors and lawyers going home stop in the evening,” says Kirtley.

“You’re closing? That stinks,” says Jeff Shooter, who was in the store October 5. “Where will I stop for my beer?”

“This is like a living room for the neighborhood,” says Stuart Opler, one of Toddsbury’s six employees—two full time, four part time—who will be out of a job.

Former Albemarle supervisor Sally Thomas, who used to live in nearby West Leigh, says the store has a long and complex history that includes a murder before Kirtley leased the property. She writes on Facebook, “[T]he main loss will be the amazing community center that the Kirtleys created with generosity and empathy. This is not ‘just’ a store. It’s an institution.”

One of the property’s ongoing issues is its septic system, which “is probably older than you and me,” says Kirtley. A new septic tank would cost $9,000, but Kirtley believes that would only be a temporary fix. The site is hampered by a creek, and it could cost as much as $60,000 to tap into the county’s sewer line, although he says he’s been told it can be done for $39,000.

“If I owned it, I’d fix it,” says Kirtley. “That’s what rational people do. His properties speak for themselves.”

He calls Dulaney “an honorable man,” but as a landlord, he’s been “unconventional.” Says Kirtley, “His actions—or lack of action—makes this the best decision for me.”

Categories
News

Turning up the heat: Albemarle Commonwealth’s Attorney Robert Tracci faces a progressive challenger with deep pockets

Political races in Albemarle County are usually pretty staid compared to Charlottesville’s—except for the commonwealth’s attorney race.

Prosecutors Jim Camblos (in 2007) and Denise Lunsford (in 2015) were both ousted after controversial, high-profile cases. And 2019 has promised to be another closely watched contest—even before incumbent Robert Tracci’s opponent received an unheard-of $50,000 donation.

Republican Tracci, 47, is a former federal prosecutor and U.S. House Judiciary Committee counsel. Jim Hingeley, 71, founded the Charlottesville Albemarle Public Defender’s Office in 1998. Both men tout their experience—and their opponent’s lack of it.

Democrat Jim Hingeley, founder of the Charlottesville Albemarle Public Defender’s Office, faces Republican Robert Tracci in the commonwealths’s attorney race.

“He doesn’t have any prosecution experience at all,” says Tracci.

“I’m proficient as a criminal trial lawyer,” says Hingeley, noting his more than 40 years as an attorney. A factor in his decision to run, he says, “was [Tracci’s] inexperience and the mistakes he made…When he was elected, he’d never tried a case on his own in state court.”

Hingeley calls Tracci’s failure to secure a perjury conviction against Unite the Right organizer Jason Kessler “a rookie mistake. He failed to prove the perjury occurred in Albemarle County.”

“The court made a finding with which I disagree,” says Tracci.

The two men differ on their interpretations of prosecutorial discretion and on the role of money in the campaign, notably activist Sonjia Smith’s $50,000 donation to Hingeley.

Hingeley says he also decided to run because he disagrees with Tracci’s approach. “Mr. Tracci has, for the most part, the view that prosecuting people, convicting them, and removing them from the community is the way to address criminal behavior and solve crime in the community,” says Hingeley, who describes himself as a progressive.

For his part, Tracci says Hingeley is part of a “political prosecution movement in which the commonwealth’s attorney is a political activist rather than a legal advocate.” He is “already expressing a reluctance to bringing felony offenses and that has consequences that are not good for public safety,” says Tracci.

“We don’t have authority to summarily disregard the law,” says Tracci, who suggests Hingeley is running for the wrong job and should be seeking a seat in the General Assembly to change the laws with which he disagrees.

“I have a different approach,” says Hingeley. “I know a lot about what is driving criminal behavior.”

Mass incarceration is the “result of the kinds of policies Mr. Tracci has in his office,” says Hingeley. “I think we need to look at ways to keep people in the community.”

Both Hingeley and Tracci cite support for treating substance abuse and mental illness outside of incarceration. “Jails and prisons are not equipped” to treat those issues as well as the services that are already available in the community, says Hingeley.

Tracci says, “I’ve sought alternatives to prosecution, including the therapeutic mental health and drug dockets.” He says his is the first commonwealth’s attorney office in the state to have overall responsibility for sexual assault at UVA, rather than have cases handled as Title IX. “We were ahead of the curve,” he says.

And while he’s committed to enforcing laws as written, Tracci says some reforms are in order. “I’ve written the attorney general that it’s time to look at cannabis laws.” And he wants to see a uniform standard to determine cannabis impairment.

That was an issue Hingeley cites as an example of Tracci’s inexperience. When a train collided with a garbage truck on the tracks in Crozet in early 2018, Tracci tried driver Dana Naylor on involuntary manslaughter and maiming from driving while impaired because he had THC in his bloodstream.

The problem, says Hingeley, is that the science on THC, including results from the National Highway Traffic Safety Administration, is that “THC in the blood does not appear to be an indication of impairment.“ And when Tracci attempted to prove Naylor was impaired, “his own toxicologist said that’s not correct,” recounts Hingeley.

Hingeley has raised more than $150,000, the largest amount for any commonwealth’s attorney race in memory. That includes $50,000 from Smith, who also gave $10,000 to Andrew Sneathern, who, when he decided not to seek the prosecutor’s job, contributed those funds to Hingeley.

“I think it reflects the support I have gotten for change and for criminal justice reform,” says Hingeley.

Tracci thinks it reflects an “unprecedented” amount of campaign money in this district, if not the commonwealth, and that Smith’s $50K was almost equal to what he spent on the last election.

“The community should have the right to know what conversations were made before that contribution,” he says.

Tracci says he met with Smith, who disagreed with his support of the Albemarle Charlottesville Regional Jail’s notification of ICE when undocumented immigrants are released from the jail. “After that, I learned she wrote the $50,000 check,” he says.

Smith says she’d contributed to Hingeley more than two months before she met with Tracci at his request on April 1, and that her record as an active Democratic donor shows “that I do not support Republicans.”

Tracci says he didn’t do any fundraising his first three years in office, and as the county’s current prosecutor he doesn’t accept contributions from any defense attorney with cases that will appear in Albemarle courts. “I’m going to be outspent and I know I’m going to be outspent.”

Hingeley says he wants to find solutions that will break the cycle of racial injustice and the disproportionate number of minorities in prison. “I’m seeing a lot of interest in this community in doing things differently.”

“We don’t have the authority not to prosecute violent crimes,” says Tracci. That disrespects the victims, he says, “and there’s nothing compassionate about that.”

Tracci and Hingeley will face off at The Center on Hillsdale Drive on October 9 at 1:30pm.

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Putting up a fight: Rural Dems band together in deep-red districts

Ten Dems running in solidly red General Assembly districts—like the ones that dissect Albemarle County—are doing what rural folk have always done: banding together to help each other out.

They’ve formed a coalition called Rural Groundgame, hired a few staffers, and are sharing resources on how to reach the voters who face the same rural issues.

“We were shocked to learn something like this didn’t already exist,” says Jennifer Kitchen, a community organizer who is challenging Republican Chris Runion in the 25th District, which includes Crozet and western Albemarle. The seat, long held by Steve Landes, is up for grabs this year because Landes decided to run for Augusta clerk of court.

Kitchen got involved in the coalition when she realized her race was not going to get money from state Democrats, who are going to be feeding cash into races they believe are more competitive and can flip the General Assembly.

The 58th District, firmly held by incumbent Rob Bell since 2002, is not one of those.

Elizabeth Alcorn decided to challenge Bell because she felt it was important to protect the democratic process and not have uncontested races. The way politics work in Virginia, she says, if a candidate is not in a targeted race, they don’t get the resources from the Democratic Party of Virginia and the Democratic House Caucus.

“They got a little surprise in 2017 when some unsupported candidates won anyway,” Alcorn points out. That year, Dems came close to controlling the House of Delegates when they picked up an unexpected 15 seats.

The 58th District includes Greene and parts of Albemarle, Fluvanna, and Rockingham counties. With the rural/urban divide that’s going on across the nation, she says, “It’s more important for Democrats to step up and get their message out in rural areas.”

Rural Groundgame is not a PAC, says Kitchen. The group has an ActBlue page where donations will be split evenly between the 10 candidates.

By sharing resources, the coalition was able to hire a consultant to develop and coordinate their field programs.

“It’s a very grassroots collaboration that arose among a number of us running for the House of Delegates,” says Tim Hickey, an educator who lives in southern Albemarle. He’s running for the 59th District seat, a district that stretches down to Rustburg, where incumbent Matt Farris lives.

“I don’t view these districts as red or blue,” he says. According to the candidates, the issues throughout the rural districts are the same: underfunded schools, health care affordability, and access. “Access to broadband is an issue we all see,” says Hickey.

The Dem candidates are going up against some sizable war chests—Bell was sitting on nearly $370,000 at the last filing—and they say that major corporations and utilities number among their opponents’ donors.

“One of the first things I’m going to do as a delegate is ban corporate political donations,” says Hickey. “We spend hours fundraising from individuals and then a candidate gets thousands from Dominion. I don’t think it’s right to take money from the corporations you regulate.”

The rural Dems are knocking on thousands of doors, some of which haven’t seen a candidate from either party in years. “They felt forgotten by Richmond,” says Kitchen. “They’re so glad to see someone.”

Kyle Kondik at UVA’s Center for Politics points out that the three districts around Charlottesville were carried by Donald Trump in 2016 by double digits, and Democrats are prioritizing more competitive districts as they try to win a House majority.

“So Democrats running in these districts need to be creative in how they try to score upsets, and banding together in such a way may be such a creative way to tackle this problem,” he says. “But their odds remain long.”

The Rural Groundgame Dems are undeterred. “We’re all in passionate agreement this is how we win rural America back,” says Alcorn. “Maybe not this year, but in 2021. Focusing on the needs of your district was extremely effective in 2017.” She points to Danica Roem, who ousted longtime incumbent Bob Marshall in northern Virginia. “Danica Roem focused on traffic,” she says.

Says Kitchen, “Our larger goal is to create a blueprint for the re-prioritization of rural America that can be used in any community, so they understand they have not been forgotten.”

Correction September 26: the RGG hired a consultant to develop and coordinate its field programs, not a field coordinator as originally reported. 

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Mallek challenged: White Hall candidates gently spar at forum

Longtime Albemarle County Supervisor Ann Mallek hasn’t had a challenger to represent the White Hall District for the past two elections. That changed with Republican Steve Harvey, whose nickname is “Super Steve.” At a September 11 Senior Statesman forum, the former Army helicopter pilot drew some clear lines about his priorities.

In his introduction, after listing his wife and three children, he announced, “I am a Christian,” a declaration of faith that doesn’t usually come up in county races.

Harvey grew up in Albemarle County and attended Meriwether Lewis Elementary while his father studied at the JAG school at UVA. After a spinal cord injury sustained while flying a Blackhawk helicopter, he returned to Albemarle and built a home on 14 acres in the Earlysville area.

Like many other tractor-riding residents who showed up at a Mallek town hall in 2018, he was upset with the county plan to enact a stormwater utility fee in the rural area. When asked if he’d support a pledge to oppose the now-tabled “rain tax,” Harvey responded, “Not just yes. I’m a heck yes.”

Mallek stressed that she’d changed her position on the stormwater fee, and that having those funds come from  general revenue was the right solution.

And Scottsville District Dem candidate Donna Price, an attorney and retired Navy captain who was there without Republican opponent Mike Hallahan, said, “I try to avoid words like ‘always’ and ‘never,’” noting the “existential threat to the environment.”

Harvey also went after Mallek for the county’s mostly uncontested 1.5-cent-per-$100 property tax rate increase this year. “When the rate goes up, it goes up forever,” he said. With the 4 percent increase in real estate assessments, he found the hikes “particularly pernicious.”

He asserted that at the same time, “We’ve lost jobs by the hundreds” because regulations “improperly” stymied economic growth.

Mallek said she looked forward to reading the study that says Albemarle has lost so many jobs, mentioning WillowTree and Perrone Robotics, both of which are expanding  in the county.

She reminded attendees that during the recession in 2010, the county zeroed out its capital budget for three years and made no infrastructure expenditures. It also lost 15 percent of its staff. “We are now crawling our way back out of that deficit,” she said.

Harvey is also ready to challenge the vexing-to-county-residents, yet ironclad revenue-sharing agreement with Charlottesville. Albemarle agreed in 1982 to hand over a portion of its property tax revenue every year (roughly $15 million in the 2019 fiscal year) in exchange for the city not annexing county land. He said the agreement should be renegotiated every 10 years, and railed against a deal that was agreed to exist in perpetuity.

“Every new supervisor who’s been elected has revisited this issue,” said Mallek. “I agree it was awful.”  She said she worked with Delegate Steve Landes to overturn it—to no avail.

Price said she’d been asked if she’d join a lawsuit. “If there was a legal basis to overturn it, someone would have overturned it. We need to change the Dillon Rule,” which mandates that a locality only has the powers bestowed upon it by the General Assembly.

The candidates ended with a debate on the more beautiful district—White Hall or Scottsville.

Price urged support of local businesses, and said that both Democrats and Republicans had wanted her to work on the Senate Armed Services Committee. “I can work across the aisle.” Harvey said the 6-0 votes by the Board of Supervisors need to change, and he vowed again to oppose the stormwater fee.

Albemarle is growing by 1,500 people a year, said Mallek. The areas with the highest populations have the highest taxes and demand for services, she said.

The election is November 5.

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‘Roughshod:’ Questions remain about state police show of force in Fifeville

Herb Dickerson and his sister own a house in Fifeville, and when he got a phone call from her telling him to get over there on August 27, “I could hear the frantic in her voice,” he says.

He pulled onto Seventh Street and saw “this armored vehicle blocking the street and a state police car blocking the other end,” he says.

Dickerson is a recovered addict who won the prestigious Gideon Award in 2017 for his community service helping others struggling with substance abuse. He says the officer he spoke to told him they had a search warrant because a confidential informant said his son, a convicted felon, had a weapon.

He found the show of force—neighbors estimate 20 officers in combat attire and two armored vehicles—perplexing because he’d driven by his house twice that day and seen his son sitting on the front porch. And when police arrived, his son was standing across the street. “I don’t know what kind of investigation they do when they didn’t even know what he looked like,” he says.

It’s one of many questions that remain concerning the Virginia State Police and Jefferson Area Drug Enforcement task force operation that took place in Charlottesville without the knowledge of city police. And it comes as cops across the country are increasingly using SWAT team raids merely to serve warrants, says Rutherford Institute founder John Whitehead, who has written several books on the militarization of the police.

For neighbors, it was terrifying.

Cops were in combat gear with armored vehicles when they questioned two little girls about where their uncle was. courtesy Herb Dickerson

Dickerson’s daughter, Annette Anthony, lives in the house with her 11- and 6-year-old girls, who were sitting on the porch when police arrived around 6pm.

The cops asked the girls where their uncle was, then told them to go across the street, she says. Anthony had just come into the house when she heard, “Come out with your hands up,” she says. “They had guns drawn with a beam on my head. I looked on my porch where my kids had been and asked, ‘Where are my kids?’”

Neighbor Brock Napierkowski filmed the operation. He says when Anthony came outside to look for her daughters, she and a friend had their hands zip tied by police and were put in an armored vehicle. “I was going crazy,” Anthony says.

“When parents are taken into custody, children become wards of the state,” says Napierkowski. “No officer took care of them.” Nor were they forthcoming in telling Anthony where her children were, he says. “I can’t imagine how traumatic that was.”

Charlottesville Police Chief RaShall Brackney declined to comment about state police and JADE, the multijurisdictional task force that Charlottesville police used to lead but now no has officers on, coming onto her turf without notice. She and Captain James Mooney met with Dickerson, Anthony, and Napierkowski at the house the next day.

“They were not happy with the whole incident,” says Napierkowski. “Chief Brackney took time to speak with the children to make sure they weren’t scared.”

“She came and apologized,” says Dickerson. “She apologized to my daughter and my grandkids.”

When asked about notifying local police before a major operation, state police spokeswoman Corinne Geller says, “We are a state police agency, thus we have statewide police authority and arrest powers.” Geller says Brackney was informed that evening before a press release went out, after the search.

“Because the individual we were searching for is a violent, convicted felon, use of the tactical measures utilized to effect the warrant are standard practice for the purpose of public and officer safety,” she says. And the operation, she adds, “was not a ‘raid.’”

It’s a “common courtesy” to notify a local jurisdiction if another law enforcement agency is coming in, says former Charlottesville police chief Tim Longo. But not one frequently observed by state police, which did not notify Longo when it conducted a raid on a fake ID operation on Rugby Road in 2013.

When there’s a danger of shots being fired and local police don’t know another agency is there, “We’re coming in blind at a tactical disadvantage,” says Longo. “What was the sense of urgency that you come in here with no notice?”

Court records show an August 5 search warrant filed by Albemarle Detective Matt McCall that was voided and never served. McCall serves on JADE and had a $50 heroin case rejected by a jury as entrapment in 2016 when an addict was used to set up another addict. McCall filed a second search warrant August 27 at 4:29pm, fewer than two hours before the raid.

Geller declines to say how many officers were involved in the incident, nor would she identify the jurisdiction of two of the men wearing “sheriff” vests, “because this is an ongoing criminal investigation and any additional release of information would jeopardize that investigation.” Both Charlottesville and Albemarle sheriffs say none of their deputies were involved.

“One of the men had a patch of ‘The Punisher’ on his vest,” says neighbor Amy Reynolds of the skull emblem that can be a favorite of law enforcement. “I understand that this may be his First Amendment right, yet it is in poor taste.”

Reynolds says she was “very alarmed” to see the show of force on her street and she wrote state Senator Creigh Deeds expressing her concern.

Two weeks after the operation, no one has been arrested. Nor was a gun found, although state police report that bullets, a bag of white powder, digital scales, and baggies were found. Anthony calls the reported white powder “bullshit” and says there were no drugs in her house.

Civil rights attorney Jeff Fogel wonders why police didn’t obtain an arrest warrant if Dickerson’s son is so dangerous, and why “they didn’t go after him and give a description.”

The show of force in executing the search warrant, including two flash bang grenades thrown into the house, is “unreasonable,” says Fogel, and “shows a total insensitivity to the community, a primarily black community,” especially after state police failed to intervene in the violence of August 12, 2017, and then showed up with “overwhelming force” last year.

“They could have watched and arrested him coming and going,” says Fogel. He believes police didn’t have enough evidence to arrest the son. “The whole thing stinks.”

A broken mirror was part of the property damage at 311 Seventh Street after the state police raid, along with a broken window, bed, and ruined clothing and carpet. Courtesy Herb Dickerson

Dickerson had been busy replacing a window broken during the raid the day he spoke to a reporter. He says his house looked like it had been flipped on its side, and he’s had to throw away a lot of damaged belongings, including an oriental rug ruined by the flash grenades.

State police and JADE “ran roughshod” over the community, he says. “You got the whole neighborhood upset and you didn’t need to.” He’d like police to “apologize to the community where I live.” And he’s not ruling out litigation.

Says Anthony, “It’s crazy that two weeks later, I still cry.”

Correction: Charlottesville police still contribute funding to JADE—about $13,000—but no longer has officers on the task force.