Author: meg-mcevoy

There are lawyers who will take on the establishment at any price, suing institutions like UVA or the police for little payoff aside from the greater good. Neal L. Walters is not that lawyer.

Though Walters has played the yin to bulldog attorney Debbie Wyatt’s yang on a number of civil rights cases over the years—cases like the Eduardo Calzada prison death case and the DNA dragnet suit against the City police department—he picks his battles carefully.

“Civil rights stuff, despite the great tradition it has played in the country, is rarely at the time perceived as being a career-advancing thing to do,” says local attorney Neal Walters.

“One has to have a skill to be able to identify a case in advance as having a sufficient likelihood of success that you can afford to take it on,” Walters says. “You have to factor in: How much money is the rest of my practice bringing in, how much time is this case going to consume?”

A father of two, Walters has his practice with the firm Scott Kroner PLC on Water Street, which focuses on “civil litigation with a heavy business bent.” But, when he has time, the former federal Fourth Circuit Court of Appeals attorney likes to tackle civil rights cases.

In the Calzada case, Wyatt and Walters won a judgment of $350,000 against jail guards who handled Calzada, an alcoholic who died in his jail cell in 1998.

In another case, the DNA dragnet suit, Wyatt and Walters are trying to get class action status for the case of Larry Monroe and others whose rights may have been violated by the city police department during the mass swab-fest that accompanied the hunt for the serial rapist.

Walters says he and Wyatt make a good team: “She’s a good investigator, and good with juries and she can be righteously indignant, whereas I come from a more technocratic, law clerk, ‘O.K., we really need to have a 50-page memo to go with this’ background.”

Walters takes civil rights cases on a contingency basis, meaning he doesn’t get paid unless a client gets a settlement.

“What I’d love to do is win the lottery and say now all I’m going to do for the next 20 years is take on one or two really interesting cases like this. My reluctance to take them on is pragmatic rather than spiritual.”

“[Wyatt] gets these really interesting cases, and it’s a shame that nobody else in town takes them on. Nobody will take on UVA because everybody has some connection to UVA.”

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

CSA: Community Supported Agriculture, a model of food production in which consumers buy “shares” and sometimes help farmers work the land in exchange for a helping of fresh, locally grown vegetables or
other goods.

EAT Local: “Everyone At the Table,” a group of UVA professors, farmers, retailers and interested consumers, based in Charlottesville, that meets to discuss local food issues.

Food miles: A measure of the distance food has traveled from “field to plate.” It has been estimated that the average American meal has traveled at least 1,500 miles to reach the consumer.

Food shed: Like a waste shed or water shed, the flow of food within a natural geographic region. Local foodies—sometimes termed locavores—aim for a food shed of 100 miles or less.

NAIS: National Animal Identification System, a federal program with three components: premises registration for farms, animal tagging with external tags or radio signal transmitters, and animal tracing, requiring farmers to log the movement of their herds or animals. NAIS was first rolled out as a mandatory program, but has scaled back and is now “strongly encouraged” as a method of preventing and containing animal disease. NAIS has so far registered more than 400,000 premises.

NICFA: National Independent Consumers and Farmers Association, the national counterpart to the state-level VICFA. NICFA’s main purpose is to raise funds to oppose NAIS.

Raw milk: Milk from cows, sheep or goats that has not been pasteurized. It is illegal
to sell raw milk in the United States. To get around the laws, consumers who believe raw
milk is healthier buy “shares” to become part-owners in milk-producing animals.

VDACS: Virginia Department of Agriculture and Consumer Services enforces the state’s food laws, inspects facilities, fields complaints from consumers, and provides marketing and programs.

VICFA: Virginia Independent Consumers and Farmers Association, an association of farmers and consumers with membership across the state. Many VICFA members are centered in the Charlottesville metro area. They seek out “free, un-restricted, un-regulated direct farmer-to-consumer trade.”

Will this bird’s eye view of the Downtown Mall soon be used for fighting crime? City police told City Council that in addition to securing public buildings Downtown, the whole corridor could be secured through a wireless camera system.

Earlier this month, Charlottesville Police Chief Timothy J. Longo submitted a proposal to City Manager Gary O’Connell that said, in sum: The city needs to secure its public buildings on the Downtown Mall. In addition, a wireless camera system could be implemented for about $300,000 to deter assaults and thefts outdoors. Though the decision will likely belong to City Council, C-VILLE sat down with the chief to ask some of the questions raised by a Downtown Mall surveillance system. Here’s an edited transcript.

C-VILLE: Why the Downtown Mall?

Chief Longo: I think [cameras are] highly effective in areas that have heavily populated pedestrian foot traffic…where you have a large number of people who come to congregate to enjoy amenities. Those are typically areas that could be preyed upon for purposes of criminal activity. It’s the economic engine that drives the city. It’s our greatest tax base. If people don’t feel safe coming Downtown, they won’t come Downtown. That affects all of us.

Is surveillance proven to be effective at reducing crime?

I think it’s an easier thing to demonstrate how it’s been useful in the retrospective investigation of a crime. It’s harder when you’re trying to say how much of a difference has the installation of this equipment had on the crime rate [in other areas].

Charlottesville Police Chief Timothy J. Longo says the Downtown Mall is a top candidate for video surveillance because “it’s the economic engine that drives the city.”

Would this be a privacy issue?

I don’t think it’s a constitutional argument as much as it is a public policy argument. We’ve accepted the private sector doing it. We’ve accepted the fact that if we go into the bank we’re being videoed. But when it’s the government, people tend to get a little more uncomfortable. I would take the position that [the Fourth Amendment] doesn’t apply unless there’s a reasonable expectation of privacy.

What would happen to the videos?

There is some utility in monitoring it in real time. The question is, do we have the capacity personnel-wise, and I don’t think right now we do. It’s important when you’re implementing a system like this that you are spending a lot of time on how the data will be stored, and for what purpose it will be used and to whom it will be accessible.

Why put cameras on the Mall instead of streets with higher crime?

Tell me where you want it. I’m not going to abandon my theory of putting it in heavily populated areas, but I’ll put this system anywhere you want it, if we agree that it could be productive in securing a safe community.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

Update to story appended

As of 9 am, July 2, Edward L. Ayers’ face beamed from the University of Richmond’s website, extending a welcome to students as the private university’s new president. Ayers’ Web presence was manifold that morning, his lively photo still lingering on UVA’s site as dean of the College and Graduate School of Arts & Sciences.

Ed Ayers, former dean of Arts and Sciences, started his new gig as president of the University of Richmond on July 1, leaving one of UVA’s largest schools temporarily deanless.

Since Ayers announced in November 2006 he would be leaving July 1 to take Richmond’s head seat, finding a permanent replacement at UVA has proved elusive. The job description, that of the College’s chief administrative and academic officer, has included more fundraising in recent years. Ayers, dean since 2001, was known not only for his rigorous academics and approachable demeanor, but also his role in promoting and raising money for the South Lawn Project, which includes a new 110,000-square-foot Arts & Sciences building.

As of press time, University Relations staff confirmed an interim dean would be announced soon, but President John Casteen was still deciding. The offer is being extended to a current member of UVA’s faculty or administration, but a name could not be confirmed. The interim appointment will extend for one year, or until a permanent dean is found.

Ayers also could not be reached for comment: The family man and father of two was out of the country through the end of June.

UPDATE: Karen Ryan named interim dean

On the morning of July 3, UVA named Karen Ryan to fill the interim dean of Arts & Sciences position, effective immediately. Up until her appointment as dean, Ryan was associate dean for the arts, humanities and social sciences in the School of Arts & Sciences.

“Now that phase one of the South Lawn project is largely funded, [Ryan] will be free to focus on expanding the range of goals in the campaign and to address the Colleges urgent needs for support of all its academic departments and programs,” said President John Casteen, in a press release.

Ryan, a full professor as of 2002, joined the faculty in 1989 as an assistant professor of Slavic languages and literatures. Much of her academic focus has been on Russian satire.
UVA continues to search for a permanent replacement.—Will Goldsmith

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

The Albemarle County Board of Supervisors recently heard from Jackie Lombardo, representative for a nontoxic advocacy group, about the use of pesticides and chemical cleaners in the county’s parks and schools. Lombardo presented findings that link the use of such substances to diseases like asthma, cancer and learning disabilities in children. [County of Albemarle Executive Summary "Use of Non-Toxic Products in County Parks" policy proposal PDF file available here.]

Though county staff vowed to study the issue, Parks and Recreation adopted an interim policy, saying they’ll stop the routine use of all synthetic chemical pesticides on the county’s 2,000-some acres and will examine alternative cleaning products for its dozens of park facilities.

Tim Hughes, athletic supervisor for Albemarle County Parks and Recreation, says his department is willing to try nontoxic methods while keeping the fields safe from bugs.

Pat Mullaney, director of Parks and Recreation, says his department wants to make sure green alternatives are still effective cleaners. “If you’re concerned about a blood-borne pathogen, you want to make sure you’re using [a proper cleaner], because the risk of the chemical itself may not be as high as the cleaning concern.” Under the interim policy, Mullaney also reserves the right to authorize the use of traditional chemicals to protect the public in the instance of, say, a yellow jacket’s nest in a county park.

Pesticides like Round Up and herbicides like Ronstar are commonly used on the county’s two dozen athletic fields. Tim Hughes, athletics supervisor for Parks and Rec, says he’s not sure whether a nontoxic approach will be effective.

“Talking to the folks at Virginia Tech, who are in most people’s minds the experts in the field on turf grass management, …they don’t personally believe that you can get rid of [chemicals] completely and maintain high quality level fields,” says Hughes. “We’re in the fact-finding stage of trying to figure out which will be the best.”

Apparently, pests can devastate the expensive fields. “Once the grubs start feeding, they could destroy an entire baseball infield in about five days,” Hughes says. The county spends about $250,000 per year on athletic field maintenance, Hughes estimates.

While Little Leaguers rolling around in chemicals is a serious issue being addressed by Parks and Rec, schools may be an even bigger toxic wasteland. Lombardo, whose organization is called Friends and Advocates for Children, Teachers and Schools (FACTS), says Jack Jouett recently scheduled an eighth grade dance the same evening as a regularly scheduled pesticide treatment in the cafeteria.

The treatment was cancelled after Lombardo called: “I said, ‘Less than two hours later, we’re going to have children dancing and breathing heavy.’”

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

A former administrator at Whisper Ridge Behavioral Health System, a treatment center for juveniles, pleaded guilty June 20 to attempting to have carnal knowledge of a minor under her care. Bianca Nicole Johnson signed a plea agreement with city prosecutors that says she will assist in the prosecution of other abuses at the embattled facility on Arlington Boulevard.

On December 25, 2004, another employee of Whisper Ridge found a letter in a 15-year-old male patient’s room. “She immediately recognized the handwriting as belonging to Bianca Nicole Johnson,” said Assistant Commonwealth’s Attorney Elizabeth Killeen in court. The two-page, sexually explicit letter was entered as evidence, but her attorney argued for it to be removed from the case’s permanent file.

Former Whisper Ridge administrator Bianca Johnson pled guilty to attempted carnal knowledge of a minor, based on a sexually explicit letter meant for a 15-year-old in her care.

Johnson, at the time the facility’s director of operations, denied authoring the letter, saying she only recopied it for another employee because the boy couldn’t read cursive. She later admitted to writing the letter, but said she intended it only as a masturbatory tool and never had contact with the teen. “The Commonwealth cannot establish that Ms. Johnson had face-to-face romantic contact with him,” Killeen said.

But more than a year went by before authorities learned of the incident. It wasn’t made known to Child Protective Services or police until 2006, when Whisper Ridge was under investigation for other allegations.

While police were searching Whisper Ridge for evidence, they found the note in a file cabinet belonging to Melissa Pohl Sargeant, an employee currently under indictment for failing to report abuse.

Another Whisper Ridge employee, Bryan Antwann Vaughan, currently faces charges of inappropriate touching and sex with female residents. That case ended in a hung jury in March.

Judge Edward L. Hogshire called it a “troubling case” featuring “outrageous behavior,” but said Johnson is “an extremely talented young woman with a very bright future.” She holds a bachelor’s degree and has worked toward a master’s degree. In a statement to the court, Johnson said working at Whisper Ridge was “a life-changing experience.”

Johnson’s charge was reduced from custodial sexual abuse to attempted carnal knowledge of a minor, which carries a sentence of up to five years. She was sentenced to three years with all active time suspended, and will be on probation for 12 months. Johnson must also register as a nonviolent sex offender.

“The Commonwealth doesn’t want to suggest that that’s the going rate for situations of this nature,” said Killeen, “but we have our own set of problems.” The victim in the case was uncooperative and is currently under indictment as an adult in city Circuit Court for robbery charges. The now-17-year-old has also previously been brought up on drug charges for possessing 26 grams of cocaine.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

Charlottesville police are searching for a suspect whom they consider to be “armed and dangerous” after the killing of a 28-year-old city man. William Miller Herndon was found un-
responsive with multiple gun-shot wounds on the 800 block of Hardy Drive. He later died at UVA Hospital.

The only suspect in the killing is Herndon’s acquaintance, 29-year-old Jason Scott Marshman, who, according to a police press release, has prior felony convictions in Virginia and New York. Marshman faces charges of first degree murder, among others. Though the shooting occurred near the Westhaven public housing complex, neither of the men were residents of the neighborhood.

Jason Scott Marshman, 29, is wanted for the murder of city resident William Miller Herndon.

Police have not suggested a motive in the killing. Police Chief Timothy J. Longo says, via e-mail: “There seems to have been some negative interaction between the suspect and victim earlier that evening, but I think it’s premature to discuss what may have motivated such a violent encounter until we have a chance to sift through the facts.”

Police think Marshman could have fled to New York City. A “wanted” poster issued by police lists Marshman as 5′ 10", 190 pounds, with the nickname “J” and the alias Anthony Scott.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.