THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, February 17, 1995 TAG: 9502170515
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 100 lines
An error in a court procedure designed to shut down the controversial Mr. Magic's nightclub resulted in the wrongful arrests of four people - including the head of the Virginia Beach NAACP and an attorney no longer associated with the club.
The arrests could result in lawsuits against the courts, the commonwealth's attorney's office, the Circuit Court clerk's office and police, said one of the club's attorneys Thursday.
``My clients were escorted by police from their business during business hours,'' said attorney Kent Allison, who represented the owner and club manager in a hearing Thursday. ``There was public humiliation and embarrassment.''
Those arrested last week included the club's owner, the manager, the landlord and a former registered agent for the corporation that owns the nightclub.
The manager, E. George Minns, who is also head of the city's NAACP branch, said: ``They sent six police officers, who came in like the cavalry. They never told us what we were being arrested for. There were no warrants. They never read me my rights. . . . It was certainly humiliating.''
A charge of being a public nuisance was certified against the club by a special grand jury last week. But the charge carries a possible fine up to $5,000 against the club only; it includes no provisions for arrest or jail time for individuals.
The club, in the 500 block of Newtown Road, has been the center of controversy. Two patrons died, in October and Decembere up to $5,000 against the club only; it includes no provisions for arrest or jail time for individuals.
The club, in the 500 block of Newtown Road, has been the center of controversy. Two patrons died, in October and December, after being shot outside the club. A police officer was shot at by a patron in May but was not hurt.
In Thursday's hearing, prosecutors tried to expunge - or clear - the records of those wrongfully arrested last week. Prosecutor Albert Alberi told the judge that he called for the hearing ``to correct an error.'' When asked after the hearing what the error was or who made it, Alberi refused to answer.
Defense attorney Allison asked for a postponement of the hearing to consider the legal implications of an expungement.
Allison told the judge he was concerned that an expungement would prevent his clients from seeking a legal remedy to the wrongful arrests. An expungement order forbids any parties from discussing the arrests and provides up to a year in jail punishment to anyone who does.
Defendants received notice of the hearing only on Wednesday, he said. ``The commonwealth's attorney's office tried to move very quickly to get this done before anyone knew it was being done,'' Allison said. ``This is happening very fast.''
The judge granted the postponement, saying he felt confident that an expungement order could be worked out that would preserve the men's rights to legal remedy. An order is expected Tuesday.
According to those familiar with the case, there were two parts to the error:
One originated in the commonwealth's attorney's office, which provided the wrong name for one of the defendants to the special grand jury. Apparently based on old corporation papers, it listed attorney Michael Levinson as the registered agent. A new agent was appointed in July.
The other originated with Circuit Judge Edward W. Hanson Jr., who authorized the arrests. When a regular grand jury met last week, it returned indictments in dozens of cases.
Afterward, a special grand jury met to hear evidence against the nightclub. That grand jury returned a ``presentment,'' a rarely used procedure that is similar to an indictment but does not result in arrest. It can be used to force establishments to cease disturbances; ultimately, it can be used to close the business.
After the arrests were mistakenly authorized for the presentment, clerks processed the paperwork and police made the arrests before anyone caught the mistake.
At least three of the four defendants were taken into custody by uniformed officers during business hours in front of clients and employees, Allison said.
Club owner Rajesh Patel and club manager Minns were escorted out of the crowded club late Wednesday night by six uniformed police officers.
Levinson, the former registered agent, and landlord John Georghiou of Newtown Associates were also arrested. Newtown Associates, which owns the shopping center where Mr. Magic's is located, was charged with allowing the nuisance to continue.
Levinson was escorted out of his law office by two uniformed police officers during business hours, despite offering the officers paperwork showing he had not been the registered agent for the corporation since June.
Patel, in an interview Thursday, said, ``No one has called me to apologize or make any explanation.'' He said he was standing in the middle of the crowded club, talking to customers, when the six police officers approached him. ``It didn't feel very good. I've never been arrested before. It was my first time in a police car.''
He and Minns were taken before a magistrate and booked, fingerprinted and photographed before they were released on personal recognizance bonds.
KEYWORDS: ARREST by CNB