A public reprimand has been imposed by the Circuit Court for Ablemarle County Virginia for misconduct by a former Commonwealth’s Attorney.
The disposition was based on a finding of lack of diligence rather than false statements.
The Daily Progress reported on the bar charges
The professional misconduct allegation is related to Close’s 2001 prosecution of Michael Hash for the capital murder of 74-year-old Thelma Scroggins in her home in Lignum in 1996. Sentenced to life in prison, Hash, 34, spent most of his adult life in jail before U.S. District Judge James Turk overturned the conviction in 2012, calling it a miscarriage of justice involving police and prosecutorial misconduct.
Close resigned soon after following 20 years in the constitutional office, saying his decision to step down was in the best interests of the local criminal justice system, and not an admission that he had done something wrong.
Richmond attorney David Preston Baugh subsequently filed a complaint against Close with the bar alleging the former prosecutor made false statements at Hash’s trial regarding witness testimony from a known jail house informant, Paul Carter.
A federal prisoner facing drug charges, Carter testified at trial that Hash confessed to the murder. No physical evidence tied Hash, 15 at the time of the killing, to Scroggins’ shooting death, for which he was not retried.
According to allegations of misconduct included in the written certification by the Seventh District Subcommittee of the Virginia State Bar, Close represented to the jury that Carter could not receive a reduction of his federal sentence based on his assistance in the Hash prosecution.
The former Culpeper prosecutor’s statements in the matter were erroneous and misleading, the bar wrote, because Close knew or should have known that Carter was an important witness, an experienced informant, that his credibility was an issue and that Carter expected or hoped to receive a benefit for his testimony.
The bar alleges Close knowingly elicited a false statement from Carter when he asked the following question, “It’s your understanding that what you’re doing here today doesn’t have any impact on federal sentencing, is that right?” to which Carter answered, “Right.”
Five months after Hash’s conviction, county law enforcement testified at a federal hearing for sentence reduction in Carter’s drug case, referencing his substantial assistance in the Hash prosecution. Following that testimony, Carter received a reduced sentence and was released for time served.
In a statement last July, when the civil suit filed by Hash against Close and others in the local criminal justice system was settled for $500,000, Close said he felt he had sufficient evidence to proceed with the case against Hash. Close said he acted correctly and honorably during the trial and that Turk did not have all the evidence supporting his actions before deciding to overturn the conviction.
Close said he made no deal with Carter for his testimony and was not aware of anyone else agreeing to testify on his behalf.
(Mike Frisch)