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Who’ll foot the Bill for Washington’s settlement?

On May 5, Earl Washington got his due. After a two-week civil case in federal court, a jury awarded Washington $2.25 million, plus attorneys fees and costs, for the nine and a half years he spent on death row for a crime he did not commit. Convicted of rape and murder on the basis of a false confession coerced by a State investigator, the Virginia Beach resident was exonerated in 2000 when DNA evidence from the crime scene didn’t match Washington’s samples, but instead pointed to another man.
The settlement, however, raises questions about how Washington is going
to get that money. The suit was against
the estate of the police investigator who forced Washington’s confession—but he died in 1994, and his heirs claim that they don’t have that kind of money.
The State itself cannot be sued in civil rights cases, but in the past the General Assembly has awarded money to other wrongfully convicted people. The State’s official position is that it is not legally responsible for paying up. However, according to Steven Rosenfield, one of Washington’s lawyers, the State took this position just five weeks ago, and Washington’s defense team is still trying to unpack the argument of why the State now says they don’t owe Washington a penny, when previously the State has said they would cover settlements between $1 and $2 million.
“We don’t understand on what basis they said they are going to cover it, and
on what basis they say they are not going to cover it,”
says Rosenfield. He intimates that this matter will become more clear if an appeal upholding Washington’s settlement is successful.
No word yet on whether there will be an appeal. If that should happen, Rosenfield says that it won’t be for at least another couple of months.—Nell Boeschenstein

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Kroboth attorney calls sentence excessive

An attorney for Kurt Kroboth, the former investment banker accused of donning a vampire mask and attempting to murder his estranged wife back in November 2004, has filed a motion calling into question the constitutionality of the sentence his client was handed on May 9. Judge William Shelton sentenced Kroboth to 25 years for attempted murder, with all but 10 years suspended. The defense had recommended a sentence of two and a half to five years; the prosecution recommended four and a half to eight years.
In his 10-page motion filed two days after the sentence was given, David Heilberg, Kroboth’s attorney, argues that his client’s sentence is in violation of Kroboth’s Sixth Amendment right to a trial by jury. Heilberg reasons that, because a jury would not have had the power to sentence Kroboth to a term greater than that which the defense or prosecution had recommended, then a judge does not have that power either. Moreover, Heilberg argues, Kroboth’s Sixth Amendment rights were further violated by the sentence because it was based on “facts not established by a jury beyond a reasonable doubt or admitted by the Defendant.”
According to Heilberg, this is the first time such an issue has been raised in Virginia.
Albemarle Assistant Commonwealth’s Attorney Cynthia Murray, who is prosecuting the case, has not yet responded, but did say after sentencing that the Commonwealth was “pleased with the outcome” of the case.—Nell Boeschenstein
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RICO retrial enters second week

The federal drug and conspiracy case against Louis Antonio Bryant, the alleged drug dealer and ringleader of local gang the Westside Crew, continues into its second week of testimony on Monday, May 15. The first week prosecutors brought to the stand numerous police investigators, as well as former associates of Bryant’s who had dealt with or bought drugs from him.
Bryant first faced trial, along with three other co-defendants, back in November. A mistrial was declared, however, just before jury deliberations began, after a juror told the judge that he had heard other jurors discussing a newspaper article about the case. Since November, Bryant’s former co-defendants have entered plea agreements.—Nell Boeschenstein
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VQR Snags two national mag awards

On May 9, The Virginia Quarterly Review—a four-man publishing operation run out of the University of Virginia—won two National Magazine Awards, the industry’s highest honor. VQR won for General Excellence in the under 100,000 distribution category, as well as for fiction, a category in which they were pitted against such tough competitors as The Atlantic Monthly and McSweeney’s.
“It’s been dizzying,” says Ten Genoways, editor of VQR. “It went from great anxiety to great relief.”—Nell Boeschenstein
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dems sweep City council election

photo by Michael Johnson

The white board at the front of the room announced the outcomes from the individual precincts: Democratic candidate for City Council Dave Norris won seven of Charlottesville’s eight precincts and took home 3,835 votes; his running mate, former fire chief Julian Taliaferro, won 3,637. Republican incumbent Rob Schilling came in dead last with 2,389. Given that the Dems’ campaign made the election all about Schilling, the Dems’ victory party at the Charlottesville Ice Park was predictably raucous: booze flowed, Beyoncé blared, Norris even spilled his beer on an unsuspecting reveler.
So yeah, yeah, yeah—the Dems are back on top, after campaigning as the underdogs.
“I think a lot of people really felt that [Schilling] was going to hold his seat,” says Taliaferro. “[Charlottesville] is heavily Democratic, but a lot of people just vote for the person” and not down party lines.
Sure, Schilling was the incumbent, and his yard signs outnumbered the Norris and Taliaferro placards by a margin of, like, a gazillion-to-one, but Democrats are hardly oppressed in this town: There hasn’t been a Republican-led City Council since the Mesozoic Era. Before Schilling, there hadn’t been a Republican on Council for 10 years. Plus, as Tom Vandever, the campaign manager for the Dems points out, “yard signs don’t vote.”
“So arrest us for lying,” says John Conover, a former City Councilor and longtime rainmaker with the Democratic Party. “You want people to feel like it’s a contest, and it is! But [the Republicans] won last time because we fell asleep, not because [Schilling] is so marvelous.”
While Norris and Taliaferro may have tried to get voters riled up about affordable housing and education, issue-based campaigning just wasn’t at the heart of the race. As Conover points out, whenever there’s an incumbent the frame of the race is always, “keep a good thing going or throw the bums out.”
Schilling’s 2002 win, in which he beat Democratic candidate Alexandria Searls (incumbent photo by Michael JohnsonDemocrat Blake Caravati also won his second term that year), included a few wild cards: low voter turnout, independent candidate Stratton Salidis and the inability of Searls and Caravati to present a united front. This time around, the Dems say they had learned their lesson.
“Everyone was well aware of the dangers of open warfare,” says Norris, explaining that, while there was perhaps some “creative tension in terms of how to push the envelope,” he and Taliaferro stuck together to strengthen the ticket.
When it came to choosing candidates in the first place, Conover says that “we are aware that we wanted to have people that understood the role of civility. When you’re a public example, it’s not just an issue, it’s how you go about it.”
What really clinched the election for Taliaferro and Norris, however, was the Dems’ get-out-the-vote machine. Whereas in the 2002 election, there was only 22 percent voter turnout, on May 2, 26 percent went to the polls, a high number for a local election. In 2002, Schilling managed to win with a mere 2,176 votes, about 200 fewer votes than he garnered this year.
According to everyone from Democratic stalwarts like Conover and Vandever to 31-year-old activist Holly Hatcher, young upstarts made this election happen. Groups aimed at young people—Left of Center, the Young Liberals and the University Democrats—mixed socializing and politics, helping to light a fire under the donkeys’ lazy asses.
This resurgence of participation, says Vandever, is a cycle that’s integral to the success of the party and “has made all the difference in our success for the last 30 years.” Vandever also pooh-poohs suggestions that there was any tension between the new and old guards of the party.
“Some friction is inevitable,” says Vandever. “But the net result is what we saw, with everyone pulling together… You can almost look at it as a family: Kids grow up, become teenagers, have some friction with their parents, and then they take charge. It doesn’t mean that everyone doesn’t love each other.”—Nell Boeschenstein

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Local immigrants join in national day of demonstrations

Waving American flags, singing hymns in Spanish and English, and holding signs that declared “We struggle for what is right with dignity” and “I am an immigrant, not a delinquent,” about 350 local Hispanics and community members gathered outside the County Office Building on McIntire Road at 6:30pm on May 1 to tell Charlottesville loud and clear: “We’re here, and we matter.”
“Charlottesville needs to recognize that we have significant contributions to the economic and cultural parts of this community,” says Charo Mina-Rojas, who immigrated here from Colombia seven years ago and now works as a legal assistant at
Legal Aid. “It’s important for us to
be visible.”
The cause for this outpouring? A House of Representatives bill that would build a 700-mile fence along the U.S.-Mexico border, and that would make felons of all undocumented immigrants. The local demonstrators joined hundreds of thousands across the country. A reported 300,000 in Chicago and another 300,000 in Los Angeles marched in protest of the bill, along with smaller marches in other major cities from San Francisco to Atlanta. Along with demonstrations, many immigrants—particularly Latinos—boycotted work, school and consumerism in order to flex their economic muscle. This, however, was a controversial tactic that some thought would alienate potential supporters, and locally it did not have significant impact.
The Charlottesville demonstration was organized by Father Paul Brant and the Church of the Incarnation, a local Catholic congregation. Since the decision to demonstrate wasn’t made until three days before the event, the rally was announced at the church’s weekend services, and Brant did not have time to drum up greater community support. Only about 30 non-Hispanics came out in support, and there was no UVA presence to speak of, but Brant says he was encouraged by horn-honking as cars passed and the post-demonstration support of Mayor David Brown.
As for the conspicuous absence of other immigrant groups, “it’s not an open conflict,” says Brant, “it’s more passive in that [other immigrant groups] don’t step forward to support [Hispanics]. There’s no feeling of bonding. There’s no unified immigrant group. There’s more of a bond, a cultural bond, between the Hispanic groups that have legal status and those that don’t.”
According to Tim Freilich, an attorney with the Virginia Justice Center for Farm and Immigrant Workers who spoke at the rally, the May 1 rally was something of a coming out party for the local Hispanic population.
“They were stepping out as a voice,” says Freilich. “This marked the beginning of the area’s Latino community finding its own political voice and power.”—Nell Boeschenstein

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RICO Retrial begins Monday, Bryant is lone defendant

In late November, after 10 days of testimony and arguments in federal court, jurors were preparing to go into deliberations in the RICO trial against four alleged members of the Westside Crew (a.k.a. Project Crud), a local gang. At the 11th hour, however, a juror told Judge Norman K. Moon that he had heard other jurors discussing a newspaper article about the case. Moon declared a mistrial on the case, for which prosecutors and defense attorneys had spent a year preparing. The retrial was scheduled to begin on May 8 and will last for three weeks. This time ‘round, however, there will be only one defendant: the alleged ringleader, Louis Antonio Bryant (a.k.a. B-Stacks).
Bryant is charged with, among other things, racketeering, narcotics trafficking, narcotics conspiracy and multiple violent crimes. According to prosecutors, Bryant and other members of Project Crud worked city neighborhoods for 10 years selling crack and marijuana.
Sixteen members of the Westside Crew were originally arrested in connection to the case back in the fall of 2004. Twelve of those men, however, reached plea bargains early on and only four, including Bryant, went to trial in November. Since the mistrial was declared, Bryant’s three co-defendents—his uncle John Darrelle Bryant, Terrance Suggs and Claiborne Maupin—have reached plea agreements. A fourth man, a fugitive who turned himself into police in January, reached a plea agreement with prosecutors, as well.
Bryant is charged under the Racketeer Influenced and Corrupt Organizations Act (RICO), which Congress passed in 1970 to crack down on the Mafia. The RICO Act allows Mafia kingpins to be put away on racketeering charges even if prosecutors can’t prove they’ve committed any violent acts. Lately, the act has been used to prosecute criminal street gangs, such as the Westside Crew.
If convicted, Bryant faces life behind bars.—Nell Boeschenstein
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Fifth Street church burns. Was it arson?

At about 11pm on Thursday, May 4, Bishop Rufus Hayes of the Charlottesville Church of Christ was awakened to a telephone call telling him that his church was burning.
By the time he arrived at the church he’s led for 17 years, flames had engulfed the Fifth Street building’s smaller sanctuary and offices, and firefighters were working to keep the main sanctuary from succumbing to the fire.
The next day, Hayes pick-ed through the rubble with his wife, Betty. The right side of the building was completely destroyed, while the main sanctuary—including the pews and the stained-glass windows—suffered ex-tensive smoke damage, but remains largely in tact.
“My head feels a little…” Betty said, gesturing to her temples, obviously still daz-ed. “But I’m doing all right.” Her husband explained that they’ll be setting up a Wachovia account to which people can send checks to help fund the rebuilding. Preliminary estimates put reconstruction costs
at $850,000. In the meantime, the congregation has received offers to hold their services at other local churches or at area schools.
Having found blood at the scene—indicating that the church had been broken into— police alerted hospitals to be on the lookout for anyone admitted for cuts. Soon thereafter, police were alerted that a 24-year-old homeless man named Jason Scott Santos was being treated for injuries consistent with the type that could have been sustained at the church. After interviewing Santos, police charged him with breaking and entering. Arson charges are also possible, but had not been filed as of press time.
Police say Santos is from Roanoke, and that he had been living in the woods around the church for only a short time.
“I know most of the homeless people here,” says Hayes. “They have a respect for me. They would never have done this. It had to be someone that didn’t know me.”—Nell Boeschenstein

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Monticello opens Montalto to public

On a recent sky-blue spring day Monticello hosted a gaggle of reporters atop Montalto, the mountain across from Monticello that the Thomas Jefferson Foundation snatched from the poised paws of hovering developers last year when the property came up for sale. The occasion for mountaintop sunning? On May 1, twice-daily tours of the property began, continuing whenever the weather is fine through October.
Peter Hatch, who has been Monticello’s director of gardens and grounds for 28 years, suggested the tours as a way to expand the context of the Monticello house tours. On top of Montalto (when it’s not covered with snow), TJ fanatics can now look down on Monticello and see how it’s situated in relation to the City of Charlottesville and neighboring farms. The changing landscape is apparent from this vantage point: Condos creep up on Monticello from Charlottesville in the west, but to the east the landscape remains pastoral.
“Before Jefferson, during Jefferson and after Jefferson is at the heart of the Montalto tour,” says Hatch.
The tour will also discuss in more detail Jefferson’s interest in westward expansion (Montalto was purchased for $15 million, the same dollar amount Jefferson paid for the entire Louisiana Purchase) and the Virginia wine industry, which was started by Jefferson crony Phillip Mazzei on the property of what’s now Jefferson Vineyards.
According to Keith Johnstone, vice president for business and administration for the Thomas Jefferson Foundation, experts have said that the southeastern face of Montalto is the best soil for grape-growing in the entire state. While the Montalto buildings (houses, mostly) that are in Monticello’s viewshed will likely be torn down, Monticello is considering turning the southeastern face of the mountain into a winery, among other possibilities.—Nell Boeschenstein

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Friendship Court assault believed to be gang-related

Friends can sometimes turn against each other at the slightest provocation. A 15-year-old Albemarle County student learned this cruel truth the hard way while walking near Friendship Court late Friday, April 21.
The teen had run into a 16-year-old acquaintance from school and the two boys were walking towards the Downtown low-income housing project off Garrett Street when, according to police, a group of 12 to 15 teenage boys approached them. The 16-year-old knew the kids in the group, all of whom were wearing some form of red clothing: bandanas, t-shirts, hats. The kids, including the 16-year-old, then asked the 15-year-old whether he wanted to join their gang, the “Bloods.” When the 15-year-old refused, the group beat him so badly that the teen required a metal plate in his cheek.
In the wake of the incident, the 16-year-old has been arrested and faces charges of aggravated malicious wounding and being a member of a criminal street gang. A second victim, who suffered severe bruising and injuries to his mouth from a related assault that night, came forward on April 25, and more charges against the 16-year-old will result from the second victim’s assault. The Daily Progress reported on April 29 that police also arrested 19-year-old Otis Scott-Wilkins on similar charges relating to the assault.
Charlottesville Police Captain Chip Harding would not confirm whether the gang the teens were allegedly referring to was the Bloods, a gang founded in Compton, California, in 1972 to protect members from a rival gang, the Crips. Bloods members identify themselves by wearing red bandanas or beads. The gang has gone national and now has members in most major American cities, but Harding would not confirm that the Bloods have officially made it to Charlottesville.
“These could be wannabes or pretend-to-bes,” says Harding, “but anyway you cut it they are not doing good things at night.”—Nell Boeschenstein