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Testimony/cross-examination questioned in rape cases

An Albemarle County physician facing 11 charges related to sexually assaulting 10 female patients was in court February 19 for a motions hearing.

Mark Hormuz Dean will be tried on multiple counts of rape, object sexual penetration, aggravated sexual battery, sexual battery, forcible sodomy, and abduction, all from his time as a doctor of osteopathic medicine at the Pantops-based Albemarle Pain Management Associates Clinic.

He’ll be tried separately for each victim’s accusations, with the first jury trial scheduled for April. At Dean’s most recent hearing, defense attorney Rhonda Quagliana expressed concern that her client won’t have a fair trial if the victim’s testimony at that trial alludes to other victims in the case.

The defense implied that the accuser will likely say she decided to come forward after hearing about Dean’s January 2018 indictment, and if she does, the jury will know there are multiple accusers, said Quagliana.

Prosecutor Darby Lowe said she didn’t intend to question the victim about any other cases, and Judge Humes Franklin said he will allow her to ask why the victim chose to speak out.

Quagliana also said she should have the right to cross-examine the victim, ask why she waited a year to file a police report, and inquire about her mental health history, prior complaints, and the civil suit she has also filed against Dean “to get money,” as the attorney put it.

The judge said he will limit the cross-examination on a case-by-case basis to ensure its relevance. Another motions hearing is scheduled for March 8.

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Not guilty: DeAndre Harris acquitted of August 12 assault

As DeAndre Harris’ attorney played video footage of a group of white supremacists beating him to the ground in the Market Street Parking Garage on August 12, Harris sank back in his chair and closed his eyes.

Today, he was on trial in Charlottesville General District Court for an encounter that happened just moments before the bloody beatdown, when he was walking down Market Street and testified that “everybody just stopped.”

Harris said he turned around to monitor the situation, and that’s when he says he witnessed League of the South member Harold Crews “driving his flag into Corey [Long].”

Long—who is now widely recognized as the tall, muscular black man who appears to be wielding a homemade flamethrower at a white supremacist in an August 12 photo that went viral—is one of a few people Harris attended the Unite the Right rally with. Harris said he had seen people using flagpoles as weapons throughout the day.

So when he saw the tip of one poking into his friend’s torso, that’s when he took a Maglite out of his backpack and swung it in the direction of the flagpole. His attorney, Rhonda Qualiana, said you could hear the flashlight hit the pole in the video.

Harris came to the rally carrying a bag full of water and a white towel to cover his face in the event that tear gas was dispersed, he testified. An unknown white man dressed in all black had handed him the Maglite and a face mask for protection just prior to the incident.

After he swung it, Crews—the North Carolina man who brought the assault charge against Harris—claimed he was struck on the left cheek, which left two abrasions.

While Judge Robert Downer said he believed Crews’ testimony, he said, “I cannot find beyond a reasonable doubt that [Harris] intended to hit Mr. Crews.”

And though the judge formerly instructed several rows of activists in the courtroom that outbursts were prohibited, they erupted in applause and whistles when he found Harris not guilty of the misdemeanor.

As part of a campaign community activists are calling “Drop the Charges,” members of groups such as Black Lives Matter, Congregate Charlottesville, Showing up for Racial Justice and Solidarity Cville have demanded that Commonwealth’s Attorney Joe Platania acquit Harris, Long and another black man, Donald Blakney, from the charges they’ve faced as a result of protecting the community from neo-Nazis on August 12.

Outside the courtroom after the verdict—where, not long before, Unite the Right rally organizer Jason Kessler made his rounds through the screaming crowd, exchanging middle fingers with activists and filming a police officer who smacked his arm and caused him to drop and allegedly break his phone—activists chanted, “Being black is not a crime,” after the verdict.

Among a sea of signs in support of Harris, the 20-year-old who was working as a lead counselor at the local YMCA and a teacher’s aide at Venable Elementary School, one stood out: “Venable families stand with Dr. Dre.”

Quagliana said Harris would not be speaking to the media or the activists.

“Your enthusiasm and support has meant everything to DeAndre,” she said to the crowd of approximately 75 people. “It’s almost hard for me to not be emotional.”

The attorney said the day was also very emotional for her client, who has been searching for the woman who initially gave him aid on the steps of the NBC29 building where he lay after he was removed from the parking garage on August 12. Quagliana said he wants to thank her.

“DeAndre and his parents want peace in this community,” she added.

Black Lives Matter-Charlottesville organizer Lisa Woolfork said the acquittal of a victim whom white supremacists tried to turn into an assailant was a cause for celebration.

“Our community is much safer because of this verdict,” she said.

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Gubernatorial grandson: Rape charges certified to grand jury

During a preliminary hearing in which the alleged victim burst into tears and ran out of the courtroom, a judge certified rape and forcible sodomy charges against a former UVA student.

Stephen Dalton Baril, 20, is accused of pushing another student onto the bed of his Wertland Street apartment, taking her clothes off, performing oral sex on her and raping her while she cried out for help. He’s the grandson of the late John Dalton, a Republican who served as the 63rd governor of Virginia from 1978 to 1982.

The alleged victim—identified as M.H. in court—sat in the front row behind prosecutor Areshini Pather, staring straight ahead, and family members with their heads low stroked her back in support. Young women who appeared to be present in support of her lined the rows behind her.

Baril’s supporters also filled up several rows, while the defendant stood quietly at the stand.

Charlottesville police Detective Regine Wright-Settle testified that between late January 31 and early February 1, M.H. said Baril met up with her at Coupe’s, a popular bar on the Corner, and bought her a drink. She left with Baril, whom she met during a mixer between her sorority and his fraternity, with the intention of him walking her to her nearby apartment.

As she and Baril were walking from Coupe’s to her place, the young woman told Wright-Settle that Baril playfully picked her up and redirected her to his apartment. When they got there, she immediately asked to use the restroom, and when she emerged, the Richmond native was standing in nothing but his underwear.

Defense attorney Rhonda Quagliana asked the detective to show a surveillance video of the two walking down University Avenue and Wertland Street, which never shows Baril pick her up. When the lawyer noted that her account didn’t match the footage, the woman who brought the charges erupted in tears, turned to the person on her right in disbelief, and crying, she dashed for the door. A deputy followed her out.

Wright-Settle read a series of text messages from that night, in which Baril texted the young woman after the reported rape: “Sorry for being over excited,” and “ I hope you’re not mad at me. Let me know if I was being stupid.”

The next morning, he allegedly texted, “Haha. My head hurts,” and asked if she was on “the pill.”

To that, M.H. replied that it doesn’t matter because she “stopped [him],” and said it was a bad decision. Baril replied, “What was a bad decision? I hope you had fun. I did.”

According to the detective, the accuser told her that going to Baril’s apartment was the “bad decision” she was referring to, and that she told him to stop several times. She said as Baril forced himself on her, she called out for help.

In cross examination, Wright-Settle said she interviewed Baril’s roommates who were reportedly home, and none of them could attest to hearing someone call for help that night.

Defense attorney Quagliana, who also noted that the two appeared to be walking arm-in-arm and hand-in-hand in the video, said after the alleged incident, when M.H. was seen on video walking alone to her own apartment, she looked “neatly dressed” and her hair wasn’t messy.

Judge Robert Downer also amended Baril’s bond to allow him to leave his home in the presence of a parent.

Baril is scheduled to appear in front of the grand jury in December.

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Frayser White hearing continued—again

The man involved in the first fatal traffic crash of 2016 in Albemarle County was scheduled to appear in court May 12 for a pre-trial motions hearing. He and his attorneys were not there and, for the third time since a January 30 hearing, the motions were continued.

The prosecution maintains that on March 15, 2016, Frayser White IV crossed double solid yellow lines on Ivy Road and collided head-on with 81-year-old Carolyn Wayne, who died at the scene.

White’s trial, originally set for Halloween of last year, was also continued. His attorney, Rhonda Quagliana, says the motions hearing has been rescheduled for June 21, but would not comment on the reason for the holdup. He is also represented by John Zwerling.

White was initially charged with his second DUI in five years, but the prosecution dropped that after finding no evidence he’d been drinking. He is charged with two felony counts for possession of heroin and cocaine, and two misdemeanors for reckless driving and possession of alprazolam, the generic form of Xanax.

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Frayser White appears for motions hearing

The man involved in Albemarle County’s first fatal traffic crash of 2016 appeared in Albemarle County Circuit Court on January 30 where a judge denied two motions that would amend his house arrest and suppress evidence collected from his vehicle after the wreck.

On March 15, 2016, Frayser White IV crossed double solid yellow lines on Ivy Road and collided head-on with 81-year-old Carolyn Wayne, who died at the scene, according to the prosecution.

Though White was initially charged with driving under the influence for the second time in five years, the prosecution dropped that after finding no evidence he’d consumed alcohol. He is charged with two felony counts for possession of heroin and cocaine, and two misdemeanors for reckless driving and possession of alprazolam, the generic form of Xanax.

“This is a man who has a history of DUI and a history of reckless driving,” said Assistant Commonwealth’s Attorney Richard Farley when White moved to amend his bond to allow him to be dropped off at work and other appointments. He is currently on house arrest and only allowed to leave for medical appointments if he is driven by a family member. “We’re not prepared to give him the opportunity to hurt someone else,” said Farley.

The defense attorneys—John Zwerling and Rhonda Quagliana—said officers did not have probable cause to obtain a search warrant to inspect White’s vehicle after the crash.

“We have the defendant on the wrong side of the road. We have the defendant hitting someone head-on. We have the defendant killing somebody,” Farley argued, adding that those details should be enough to grant a search warrant. The judge ruled in his favor.

Several motions were continued until a March 13 court date, pending a test to see whether amphetamines were present in White’s blood at the time of the crash. In court, Farley said the defendant has a prescription for them, and if the test comes back positive, he’ll argue that the defendant took “a cocktail of prescription drugs” before driving, and charge him with manslaughter.

After the crash, Zwerling said White was taken to the hospital, where tests indicated that amphetamines were not present in his blood.