THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, May 25, 1996 TAG: 9605250509
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ALETA PAYNE, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 62 lines
The attorney for School Board member Tim Jackson filed motions Friday aimed at getting Commonwealth's Attorney Robert J. Humphreys removed from the case and at quashing the more serious of three misdemeanor charges facing Jackson.
According to papers filed by attorney Moody E. ``Sonny'' Stallings Jr., the commonwealth's attorney is ``pursuing some sort of personal vendetta, is engaging in a vindictive series of threatening legal actions which have no basis in fact or in law, and, in sum, that Humphreys has lost all perspective on his duties and obligations as the Commonwealth's Attorney for the City of Virginia Beach.''
Humphreys, who is prosecuting a high-profile murder case, had not seen the motions Friday, so he could not comment on specifics, he said. He, however, said all of his actions are in line with the recommendations of the special grand jury that investigated the school district's finances.
``It sounds like Sonny is trying to earn the princely sum the taxpayers are paying him,'' Humphreys said. ``I have every confidence (the motions) are going to be denied pretty summarily.''
In his motion to quash indictments against Jackson for conflict of interest and failure to disclose a personal interest, Stallings argues that state law allows for the hiring and payment of an attorney by school officials in legal matters arising out of their official duties. Stallings also argues that no disclosure was called for and that the indictments are an effort to deny Jackson legal counsel.
In his effort to have Humphreys dismissed from the case, Stallings most prominently contends that Humphreys ``grossly misadvised'' the special grand jury based on the statement in the grand jury report that a malfeasance conviction could result in loss of public employment.
Stallings said there is no provision for the loss of public employment in the law and had the grand jury been properly informed, ``it is highly improbable'' that the jurors would have recommended charges against board members who did not resign.
He also argues that Humphreys has acted unethically and in violation of disciplinary rules in the case by advising Stallings that the charges against Jackson would ``go away'' if Jackson resigned.
The special grand jury report urged seven members of the board to resign or face malfeasance charges. Although all denied malfeasance, five resigned, saying they wanted the division to move forward. Jackson and Ferdinand V. Tolentino vowed to stay on to clear their names.
They were charged with malfeasance in April, and with conflict of interest and failure to disclose a personal interest in May. They were indicted on the latter two charges after they voted along with seven other School Board members to pay Jackson and Tolentino's attorneys' fees, up to $25,000, out of school division money.
Judge Glen Tyler of the Eastern Shore, who is hearing the case because local judges removed themselves, will rule on the motions. Stallings said he hopes the judge will consider them within the next two weeks. A trial on the malfeasance charge is expected to begin in August. ILLUSTRATION: Photo
The attorney for Tim Jackson, above, filed motions to quash
indictments for conflict of interest and failure to disclose a
personal interest, relating to Jackson's service on the Virginia
Beach School Board.
KEYWORDS: VIRGINIA BEACH SCHOOL BOARD MISDEMEANOR by CNB