Commonwealth’s attorney candidates clash on level of change needed in office

Throughout the race for Danville commonwealth’s attorney, the candidates have debated over how much change they would bring to the city’s office of chief prosecutor and whether the office needs it.

Michael Newman, Claudette Robertson and Jim Martin are running for commonwealth’s attorney. The election is Tuesday.

The candidates clashed over discovery practices, grand jury testimony and experience during their campaigns. All three candidates have agreed that talks about a drug court in Danville should begin again.

Open file discovery

The discovery debate centers on open file discovery, a practice that allows prosecutors to share the entire case file or a majority of it with defense attorneys, sometimes omitting sensitive information about witnesses and their notes about the case.

At a glance
• Duties: To prosecute criminal cases on behalf of the state of Virginia and to prosecute all misdemeanor cases in Danville General District Court.
• Budget: $1.4 million. The state of Virginia accounts for 59 percent of the budget; the city accounts for 29 percent. Federal funding fills in 5 percent. Seven percent of the budget is self-funded.
• Positions: 23, including two vacancies
• Salary: $126,397

Virginia Supreme Court rule 3A:11 sets the floor for which evidence the prosecution is required to share during discovery, a pretrial procedure that allows the defense to request certain documents from the prosecution.

The rule states that defendants are entitled to exculpatory evidence, which is evidence that indicates their innocence.

That evidence includes the defendant’s statements to police and written reports like autopsies; ballistic tests; fingerprint and handwriting analyses; and blood, urine and breath tests, according to the rule. The defense also is entitled to written reports of physical or mental examinations of the accused or the victim.

Commonwealth’s attorneys for Pittsylvania, Halifax, Campbell, Bedford and Henry counties and in the city of Martinsville have moved toward open file discovery.

But the commonwealth’s attorney office of Danville does not practice the policy and adheres to rule 3A:11.

Newman opposes open file discovery, which hides the ball from defense attorneys, he said. Prosecutors can give defense attorneys the entire case file and hope that they miss something that would be exculpatory. He also said that the policy doesn’t have an in-between because defendants would not be treated equally.

Newman said he would consider releasing more discovery information in cases that have strong incriminating evidence, which could influence a defendant to plead guilty.

Robertson favors open file discovery. Throughout her campaign, she said the policy is fair. She thinks the policy protects the commonwealth’s attorney office from appeals and leads to guilty pleas once the defendant and defense attorney see the weight of the prosecution’s case against them.

Prosecutors also shouldn’t hide facts, she said.

“We would never endanger witnesses,” Robertson said. “Open file discovery can be closed whenever we want it. The rule should be open file discovery.”

Martin said he would stick to by-the-rules discovery but would allow his assistants to give open file discovery in some cases.

“I do not favor open file discovery as a general policy,” he said.

Martin added that he wouldn’t give open file discovery to defendants who don’t tell prosecutors or police their version of the facts.

Grand jury process

Newman said he would continue to require that officers involved in a crime testify before the grand jury.

“We try to get them in and out as best we can,” he said.

Grand juries are a part of a police officer’s job, Newman added.

Robertson said that she would make the process more efficient by having officers who are on duty during grand jury days testify in certain crimes for officers who are off. Investigators would still be required to testify, and officers involved in murder, rape, robbery, kidnapping, abduction and malicious wounding would still be required to testify.

Streamlining the process would save the city money on overtime pay by keeping officers out of the courtroom when they’re not working. Officers would also spend less time in court and more time on the street, she said.

“It is inefficient, that’s my point,” Robertson said.

Martin said automation is the best way to prevent police officers from having to testify before a grand jury on their day off. The office can set up a computer system that enters officers’ names, cases and grand jury days. Then police would be able to check when they have to testify and be better able to avoid scheduling conflicts.

Experience

Throughout his campaign, Newman said he has the most courtroom experience and prosecuted the most violent criminals who were involved in rape, murder and robbery cases.

“The main duty is being in that courtroom and holding them responsible for their criminal act,” he said.

That experience will help him prosecute cases and give better advice to his assistants, Newman added.

Robertson said that the commonwealth’s attorney runs one of the city’s biggest law firms.

“Trial experience is a must, but it’s not the only skill you need to have to succeed,” she said. “We’ve all tried cases; we’re all capable of it.”

She said the commonwealth’s attorney has to manage and lead, as well as try cases.

“You have to make sure budgets are balanced and deadlines are met,” she said.

Martin said his experience in life and law makes him the best candidate for commonwealth’s attorney.

He’s been a freelance trombonist and night janitor at the Washington Post before becoming a lawyer. Those experiences gave him the ability to meet and get along with regular people, he said.

Martin also said he has more years of experience in the commonwealth’s attorney office than his opponents.