Author: will-goldsmith

Even though Andrew Alston will be released nearly five months early, the former UVA student convicted of voluntary manslaughter for killing volunteer firefighter Walter Sisk is appealing the terms of his June 21 release.
His release comes with terms for “post-release supervision”—not probation—imposed by the judge when Alston was originally sentenced to three years for slashing and stabbing Sisk 20 times in a drunken altercation near 14th Street on the Corner in November 2003. For three years following his release, Alston must abstain from alcohol, cooperate with mental health and substance-abuse treatments, and either work or pursue educational programs full-time.
Apparently those demands are too much for Alston, whose appeal states that all conditions must be zeroed out.
“What is at issue is really a constitutional question,” says Alston’s lawyer Jane Chittom, a Richmond-based public defender. “In Virginia, the maximum sentence is the jury’s sentence. It is unconstitutional for a judge to add postrelease supervision terms that effectively increase the jury sentence.”
Under a Virginia statute, judges can impose postrelease supervision terms anywhere from six months to three years, says Chittom.
Normal probation occurs when the trial court suspends part of the sentence under set conditions. Alston’s early release has nothing to do with the conditions and is presumably for good behavior. “When we abolished parole, we still built in some limited ‘credit’ that an inmate can get towards their sentence as an incentive to behave,” says David Clementson, spokesman for the Virginia Attorney General’s office. “Given the likelihood that someone with his profile would, in fact, behave, that may explain the ‘early release.’ An inmate now has to serve at least 85 percent of [his or her] sentence, and most end up serving 90 percent.”
But even if his appeal goes through, Alston will still not be done with the judicial system. Howard Sisk, father of the victim, has filed a roughly $3 million civil suit against Andrew Alston. “He will be handed the papers as soon as he walks out [of prison],” says Sisk. “A civil suit is the only option that we had left.”
Sisk’s attorney Bryan Slaughter explains that, while the civil suit has already been filed, it has not been served. “If it was served while Alston was still in prison, then the State would have to pay for a lawyer to defend him. That’s not something we want.”
For the Sisks, the suit represents a legal avenue where they have more control than they did in criminal proceedings, says Slaughter. “Obviously the Sisks were unhappy with what happened in the criminal trial. This is a way they can achieve justice, in some way. Of course nothing can bring their son back.”—Will Goldsmith

A self-described “nerd debate kid” her entire life, Dahlia Lithwick’s fascination with court-related reporting began when she stumbled into the Microsoft anti-trust trial and discovered, as she puts it: “This is theater. This is Shakespeare.” Her subsequent Supreme Court writing has been tailored accordingly: a series of fun, irreverent pieces that portray the justices not just as arbiters of the law, but as personalities. Lithwick was recently the keynote speaker at the Community Chalkboard dedication, so we caught up with her to get her take on the wall’s success (and talk a little Supreme Court, of course).—Will Goldsmith

C-VILLE: How is the “Community Chalkboard” working out?
Dahlia Lithwick: I never expected both the quality of the speech and the people engaging with the blackboard to be pitched as high as it ultimately [has been]. So far, the part of me that was a little cautious is comforted by the extent to which people have understood that this is a place to talk to each other.

What are the most interesting Supreme Court rulings coming up?
The big decisions coming out in the next month are Hamdan, the enemy combatant Guantanamo case, and the Texas redistricting case. My dire prediction is that the Roberts court will be known for its hands-off approach. That’s the possible big, big, big shift. The Rehnquist court was conservative, but it was also the most meddling freakin’ court ever.

How do you make legal writing approachable?
It’s our obligation as a polity to engage with the court, to understand that these are people, and they have good days and bad days. There is something fundamentally undemocratic about treating the court as some magical, quasi-religious entity. Allowing the court to insulate itself and self-mystify is dangerous, ultimately—that’s the serious kernel at the bottom of my jokes.
As a pragmatic matter, it won’t demystify until they roll cameras in there. Then I’ll be out of a job.

Who have been your favorite personalities on the Supreme Court?
I look at them the way other people look at skating with the stars. Justice Scalia is the only one larger-than-life—when he retires, I’ll have to retire too. He’s the only one who gets that this is Shakespeare.
I miss Sandra Day O’Connor terrifically. She was a force on that court. I’m a big fan of Stephen Breyer, only because he is so goofy.

An alcohol-free party sponsored by Albemarle High School wasn’t particularly well-attended, but prom-night drinking was down overall, officials say.

Prom weekend for area public high schools came and went on Saturday without a single drunk-driving tragedy. Police did bust up a 5:30am bonfire party in Crozet last Sunday morning, however, arresting 16 mostly Western Albemarle High teens on charges of underage possession of alcohol. In addition, cops responded to a few smaller events, says Albemarle Police Lt. John Teixeira.
“In regards to alcohol-related underage drinking, it was slightly below average for prom weekend,” says Teixeira.
Police listened to the grapevine for news of big parties, but didn’t have any specific plans to nab underage drinkers, according to Teixeira. The issue was much on the minds of parents following the death of Albemarle High School lacrosse player Nolan Jenkins, who was killed on May 19 in a single-car accident. Police believe the accident was alcohol-related.
A school-sponsored after-prom party, which was designed to keep teens safe and alcohol-free, drew a smaller crowd than organizers would have liked, according to Vickie Marsh, who helped plan the event. According to Marsh, over 500 students attended—though only around 100 stayed until the party ended at 5am.
The reverberations from Jenkins’ death led to the Albemarle lacrosse team canceling their season, despite a 17-2 record and a chance at a state championship.
In the team’s first game after Jenkins’ death, they shut out Hylton High, 17-0—the score a seemingly deliberate tribute to their lost teammate, whose number was 17. Later that week, however, the team decided to end the season. “To put it simply, there were too many negative allegations, too much finger-pointing, too many rumors that surrounded the death of Nolan, their teammate,” says Deb Tyson, Albemarle High’s athletic director. “When the negativity continued, they chose not to play—their great respect for Nolan’s family was more important than that they continued. It is so indicative of the character of these men when they could have been regional champions two hours later.”
It is widely rumored that other lacrosse players were at the party Jenkins attended before his wreck. Police charged 11 teens with underage drinking at that party.
“It wasn’t about any rumors—just the idea that Nolan wasn’t there,” says coach Pat McAdams. “None of us were prepared emotionally to think about lacrosse. [The team] lost their best friend and their teammate at the same time. I don’t think that’s something you ever get over.”—Will Goldsmith

Head Start Director Cynthia Bayless says the local demand for preschool is more than State and federal programs can handle.

The local Head Start, a federally funded preschool program, ended last month, but officials are already concerned about how they will meet the growing demand for next year’s classes. Head Start guarantees room for 213 area students, and so far the program has received 250 applications for 2006-07. Although Head Start officials expect to add more spots, they say that by August there will likely be a waiting list.
Experts say early childhood education is crucial, and the demand for Head Start is intense. In April, only a month before 2005-06 services ended, the program still had a waiting list of 182 children. Of that figure, 70 were “income eligible,” meaning they met federal poverty guidelines ($20,000 annually for a family of four).
Head Start provides preschool education for at-risk students in Central Virginia, and is locally administered by Monticello Area Community Action Agency (MACAA). Charlottesville and Albemarle school systems also have preschool programs largely funded by the Virginia Pre-school Initiative (VPI), serving 240 children in both school districts combined. Both Head Start and the VPI programs consider factors like family income, parents in the home, English proficiency and disabilities when admitting students.
“Between VPI and the Head Start program that we have now, there are still children unserved,” says Cynthia Bayless, Head Start director for MACAA. For those without access to either, the private alternative is expensive: MACAA estimates preschool costs, on average, to be $123 per week.
Governor Tim Kaine recently established a “Start Strong” council (which includes local philanthropist Patricia Kluge) to fill the gaps between VPI and Head Start. But that program, which the governor estimates at $300 million annually if fully funded, is years away, meaning that, in the meantime, many children may be starting kindergarten at a disadvantage.—Will Goldsmith

Raja Jabbour was the girls’ junior varsity head soccer coach at Albemarle High until he was dismissed from duties on May 2, six days after his April 26 arrest and almost two weeks after he was indicted by a grand jury for possession of child pornography. He remains behind bars pending a third hearing in federal court to determine whether he will
be released on a $50,000 conditional bond.
“Possession of child pornography [is] a crime that victimizes our children each and every time the images are viewed,” says U.S. Attorney John Brownlee. “Keeping our children safe from sexual predators is one of our highest priorities.”
According to a brief filed by Brownlee, more serious charges will probably be added to the porn possession charge, which alone holds a maximum statutory penalty of 10 years. That brief cites images and online conversations discovered on Jabbour’s computers, as well as evidence collected by an undercover agent.
Jabbour, who operates a local import-export business, Hannibal Enterprises Inc., allegedly traveled to Ohio to meet a woman he thought was interested in having him sexually initiate her 7- and 12-year-old daughters. In fact, the woman was an undercover cop, and Jabbour was arrested and held for questioning January 18, 2004. In online discussions with the officer, Jabbour allegedly wrote about a prior sexual relationship with an adult woman and her 10-year-old daughter. According to the brief, Jabbour admitted to searching for, observing and recording webcam videos of adults having sex with infants, adults having sex with children, and children having sex with children. He also admitted to transmitting child pornography.
The brief also details lurid online chats with girls claiming to be as young as 12. Using the screen name “kenny_scores13,” Jabbour allegedly manipulated a 12-year-old into sending videos of her masturbating by claiming he would be angry with her if she didn’t record herself as he suggested. A week prior to his arrest in April, Jabbour allegedly suggested the same girl film herself in an act of bestiality with her dog.
Albemarle County schools released a statement confirming that Jabbour had been the JV girls’ head coach and was not part of the teaching staff. They would not elaborate on the matter, including why it took six days to fire him following his arrest. Schools attorney, Mark Trank, did not return calls by press time. Neither did Jabbour’s attorney, Rhonda Quagliana.
Diane Behrens, executive director of support services for County schools, says that per State law, the school system conducts fingerprinting and criminal background checks for full-time or part-time hires.
Jabbour has also been a coach for Monticello United Soccer Club. Prior to the fall of 2002, he served as a coach for the Soccer Organization of Charlottesville-Albemarle (SOCA), when he was released for unrelated reasons.—Will Goldsmith

What you do with the other guy’s recruits never matters as much as what you do with your own. UVA head basketball coach Dave Leitao won a berth in the National Invitational Tournament in his first season, but that won’t satisfy UVA fans (and administrators) when the Cavs are playing in the swanky John Paul Jones Arena next year. Wahoo fans are watching Leitao closely as he finalizes his first recruiting class for the Cavaliers.
So far Leitao has been “forward” thinking: all four committed 2006 scholarship recruits are listed at that position. Two 6’9" power forwards, Jerome Meyinsse and Ryan Pettinella, recently signed letters of intent, joining 6’9" Jamil Tucker and 6’6" Will Harris. Next year’s squad will also include 6’7" recruited walk-on Andy Burns, who turned down scholarship offers from American University and the University of Vermont to play ACC ball at UVA, according to fan site thesabre.com.
The latest signings probably spell the end of the recruiting season for ‘06-’07. Only one scholarship remains for next year, and it presumably belongs to 6’5" guard/small forward Solomon Tat, if the Nigerian can resolve his visa issues.
Meyinsse was only discovered late last month at a Houston AAU basketball tournament. Pettinella is transferring from University of Pennsylvania, via Monroe Community College. Having already sat out 05-06 while looking for a more “athletic” program with an “up-tempo style,” he is eligible to play immediately for the Cavaliers and “hopes to contribute significant minutes his first season,” according to The Sabre.
He has a chance on a team with an unsettled pecking order. “It’s my belief that the only guaranteed starters are [guards] Sean Singletary and J.R. Reynolds,” says Wes McElroy, who hosts the drivetime show on 840 AM ESPN radio (and who is a regular contributor to C-VILLE). Singletary was First Team All-ACC last season while Reynolds made Third Team.
The incoming players will compete for starting 3, 4, and 5 slots with returning players Adrian Joseph (6’7"), Jason Cain (6’10"), Laurynas Mikalauskas (6’8"), Mamadi Diane (6’5") and Tunji Soroye (6’11").
Early news for the ‘07 recruiting class came in last week when 6’2" guard Calvin Baker announced he is transferring to UVA from William and Mary, according to the Richmond Times-Dispatch. He has three years of eligibility remaining and hopes to earn a scholarship for that year.
Last week also brought the news that UVA assistant coach Gene Cross—Leitao’s assistant at his former school, DePaul, who helped secure the 2006-07 recruiting class at UVA—is leaving Virginia to take an assistant coaching job at Notre Dame.—Will Goldsmith

Last week UVA entered the ACC baseball tournament ranked No. 5 in the nation, capping UVA’s best season in years. UVA finished the regular season with a 46-11 record (21-9 in the ACC) and the team hopes to appear in the College World Series to be held next month in Omaha.
Observers credit UVA’s ascendency to head coach Brian O’Connor, who inherited a mediocre team with a 29-25 record when he took over in 2004. “He’s brought life back to the program,” says Todd Proctor, a local strength coach and baseball instructor. “He gets the guys functioning as a unit. He has a program the guys are buying into. It’s really exciting to see the program take off like this.”—John Borgmeyer, with reporting by Will Goldsmith

Despite controversy heading into last Saturday’s Democratic nominating convention for the Fifth District that includes Charlottesville, as expected Nelson County farmer Al Weed won the honor of again challenging Republican incumbent Virgil Goode for his congressional seat.
Earlier this spring, each locality in the Fifth District held a caucus, during which party faithful elected delegates to represent them in a primary. After the caucuses, Weed emerged with the most delegates. However, the race was contested up to the end because Weed’s opponent, Bern Ewert, kept his hopes alive by challenging delegates to renege on their pledge and switch their votes from Weed to Ewert.
The matter was immaterial when the Weed delegates stuck to their guns last weekend, giving him 114 of 187 votes.
“It was a hard-fought campaign,” says Weed. “Ewert’s people read the rules so that they could do what they did. We made no effort to change the minds of the Bern people.”
“I’m proud of everything we sent out,” says Ewert. He says he checked his strategy with Virginia Democratic Party Chairman Dick Cranwell, who says Ewert was within the rules in this case. The Fifth District committee can change those rules to bind delegates to their pledges, Cranwell says.
Helping to patch over differences in the oft acrimonious race during which both Ewert and Weed denounced each other as easy prey for Goode, Ewert gave a gracious concession speech and now says, “I’m behind the nominee.”
“I couldn’t help but be happy with the way that it went,” says Albemarle Democratic Chairman Fred Hudson.
Some delegates found Ewert’s appeals to alter their pledge troubling. “The caucus system by which we chose our delegates was a democratic one,” says Weed delegate Katherine McNamara. “It was disturbing to see it pushed on by Bern Ewert. It’s too bad. I think the party needs to re-examine this and make sure that it can’t happen again.”
“Conventional wisdom is that [negative Democratic primary races] strengthen Republican campaigns,” says Hudson. “I’m not sure that’s the case in this instance.”
“It was good for us,” says Weed. “It made us organized and focused, though it didn’t help with the money.”—Will Goldsmith

Consultants galore descended on Sutherland Middle School this week to present their ideas for the future of Route 29N. Delivering the expected lip service to mixed-use centers and walkable spaces, land-use consultants Community Design + Architecture and transportation consultants Meyer, Mohaddes Associates presented three primary concepts for planned growth to an audience of concerned locals on Thursday, May 18. On Saturday, they held more workshops for those who just can’t get enough land-use planning.

The chart that follows outlines the three options on the table. Sure, they look great, but where’s the money coming from? “We haven’t gotten into cost estimates yet, so it’s just a sense of the order of magnitude,” says Phil Erickson, president of Community Design + Architecture. Brian Wheeler of the development-education group Charlottesville Tomorrow noted that of the 69 proposed secondary road projects in the county, only three have specific cost estimates.

Considering that these two consulting firms get a total of more than $1 million from the City, the County, the State and the Thomas Jefferson Planning District Commission, it would be a shame if these plans end up gathering dust. The consultants say they will return in mid-September to unveil the preferred framework. The finalized “Master Plan” will be presented in January.—Will Goldsmith

Three Options for Route 29N

Option 1: Big Fat 29. The main feature of this plan is a six-lane 29. It has the lowest build-out capacity and concentrates employment in the area around the airport.

Option 2: Parallel Plan. This entails joining roads both east and west of 29 to divert more local traffic, with growth dispersed along these parallel roads. Also included is a “Midtown” mix-use center.

Option 3: Uptown World. Creates a major “Uptown” by focusing development around the airport. Estimated build-out is highest with this plan.

Go online at www.albemarle.org for more information