ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, October 18, 1996 TAG: 9610180054
SECTION: VIRGINIA PAGE: C-1 EDITION: NEW RIVER VALLEY
DATELINE: BLACKSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
A felony forgery charge against a Christiansburg police officer was dismissed in Blacksburg General District Court Thursday after the officer and her accuser agreed to several conditions, including a gag order.
Constance E. Bishop, 34, of Christiansburg returned to work immediately after the court appearance, according to Lt. Gary Brumfield of the Christiansburg police. Bishop had been put on paid leave in mid-September pending the case's outcome.
The charge arose after John T. Flynn of Christiansburg complained to police that Bishop had forged his signature on a cellular phone account application and then failed to pay more than $200 in bills. Why Bishop chose to use Flynn's name on the account was never explained. Her relationship to Flynn remains unclear.
In the agreement, Flynn and Bishop agreed not to talk about their relationship in public and that the forgery charge would be "dismissed with prejudice," which means it can never be brought up in court again, according to court testimony and records.
If either person violates the gag order, the matter will be brought back into court. District Judge John McClintock Jr. agreed to enforce the order by treating any violation as contempt of court.
Bishop admitted in court that Flynn did not give her "express authority to sign" his name on an application for a cellular phone account. She paid the past-due amount on the account.
According to Blacksburg police, who investigated the case, the account had an unpaid balance of $251.75. The case fell under Blacksburg's jurisdiction because the account was opened at a GTE Mobilnet office formerly located in Blacksburg. The company turned the account over to a collection agency, whose $75.51 fee Bishop also paid.
Bishop was arrested and released on $500 bond in September after Flynn obtained a warrant on the forgery charge. Flynn stated on the warrant that Bishop had signed his name as guarantor to open the cellular phone account without his permission.
He filed a complaint with the Blacksburg police on July 16 and told the investigating officer that he was not aware of the forgery until a collection agency contacted him about the unpaid bills in late 1995.
Flynn did not explain why he waited so long to file a complaint.
If Bishop had been found guilty, she would have faced a maximum punishment of 10 years in prison.
Because of Bishop's job as a patrol officer, Montgomery County Commonwealth's Attorney Phil Keith asked the Circuit Court to assign a different prosecutor. Randall Duncan, Radford's commonwealth's attorney, was appointed. McClintock, substitute judge from Tazewell County, also was brought in to hear the case.
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