Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, June 21, 1990 TAG: 9006210443
SECTION: VIRGINIA PAGE: B6 EDITION: EVENING
SOURCE: Associated Press
DATELINE: NORFOLK LENGTH: Medium
"I generally uphold the jury's recommendation, but there should be exceptions," Judge William Sweeney said Wednesday in sentencing Campbell. In addition to the jail time, Sweeney sentenced the judge to three years in prison, suspending all the time on the condition Campbell serve the jail sentence and abide by the conditions of his three-year probation.
In April, a jury found Campbell guilty of malfeasance in office and forgery and recommended he be sentenced to four years in prison. Campbell allegedly ordered his clerks to change the name on a traffic ticket to hide the identity of an associate.
Prior to hearing evidence in the sentencing, Sweeney vacated the misdemeanor malfeasance conviction and punishment.
"I am now convinced . . . that as a matter of law that the malfeasance charge and the felony forgery charge cannot stand. Basically, the charges are for the same offense," he said, ruling that the charges violated Campbell's protection against double jeopardy.
"This has not been an easy case. . . . It is one of the hardest tasks I've faced in 25 years on the bench. . . . I realize I will probably be criticized for whatever decision I make," Sweeney said.
Sweeney resumed presiding today at the Jens Soering murder trial in Bedford.
The judge got help in making his decision in the Campbell case from special prosecutor William Dolan of Arlington.
After arguing that the jury's recommended sentence of three years on the felony conviction was within the scope of both the law and the state's pilot project on sentencing guidelines in use in the Norfolk courts, Dolan told the court there were other factors in the case the jury was unaware of.
Campbell stands to lose more than $1 million in income and pension benefits if his conviction is upheld, Dolan said.
"There is the shame that he will have to live with. It is a case that has no precedence in Virginia history," Dolan said, calling Campbell's actions "an aborration in the judicial system."
The prosecutor said Campbell needed no rehabilitation for his crime, nor was any deterrence through a stiff sentence needed. All that was left was retribution as a reason to send Campbell to prison, Dolan said.
"I feel in this case that the fact, not the length, of the sentence is important. I feel a jail sentence should be imposed," Sweeney said.
Wayne Lustig, Campbell's attorney, argued that under the guidelines Campbell, like anyone else in his position as a first-time offender, was eligible for a full suspended sentence and no time in prison.
According to the testimony at Campbell's trial, on March 20, 1989, then-Virginia Beach Commonwealth's Attorney Paul Sciortino was in a traffic accident and issued a summons for an illegal left turn. Sciortino also was in the midst of a re-election campaign in which his driving record was an issue. When the ticket later came to light, Sciortino withdrew from the race.
On March 24, he pleaded guilty to the charges in Campbell's chambers and was fined $30 and court costs. Five minutes after he paid his summons, Sciortino's name was altered on a copy of the summons and on the computer records to Anthony Paul Schortinoe by clerks.
The prosecution claimed Campbell ordered the clerks to make the changes. The defense said Campbell was just joking and was misunderstood by the clerks.
by CNB