Suit reveals Court Corruption in 1995 murder trial

Suit targets court reporter of 1995 murder trial (in Winchester vs.
Washington)

Dear Alex Bridges,

Thank you for this article. http://www.nvdaily.com/news/295115663758839.bsp . I tried to comment online, but had some registration problems.

As to the Statute of Limitations, while thank God NOT a lawyer, contrary to the claims in Court by the defense attorneys for the Court Reporter- bed buddy of former Commonwealth Attorney Paul Thomson, I believe there is a 3 year period after the discovery of the Fraud.

The altered Court transcript is a Fraud. Your article indicates that Mr. Franklin Washington learned of this fraud of the Court Reporter in March 2008, just a few months ago.

Parties to the fraud are the former public prosecutor Mr. Thomson, his sexual partner the Court Reporter, and the so-called defense attorney, then in private practice, now a judge of the Circuit Court, Mr. Prosser. At least, Prosser recused himself from the case. That is
like a smoking gun of past wrongs.

Also VERY important is that the court reporter who altered the Court Transcript was having illegal sexual relations with the prosecutor, then Commonwealth Attorney Paul Thomson, who was in the courthouse, not the jailhouse yesterday.

Thomson has many charges for abusive behavior in public but because he is one of the privileged class, unlike his victim Jeffrey Washington, Bar member Thomson is not serving time in jail.

Significant to remember is the Alford Plea clearly indicates that Jeffery Washington did NOT admit Guilt. But when he saw that his own Defense Attorney John Prosser was "conspiring" with prosecutor Thomson, at least to the point of an ineffective defense, then it is
totally rational to take the Alford Plea so that maybe, just maybe, an honest attorney could be obtained to mount an effective appeal while in jail, at least still alive.

Prosser told Washington he would die if he did not accept the Alford Plea.

After you left the Court house yesterday, Mr. Franklin saw another assistant of defense attorney Prosser, who I spoke with, and who indicated other irregularities in the defense efforts of Prosser.

The investigative records, many of which gave a very strong defense case for Jeffery Washington, were given over to Prosser's office as directed, and later when files were needed by Mr. Franklin Washington, the secretary said the files are missing.

It was related that some experienced Court workers felt there was a strong case for the defense of Jeffrey Washington, yet Prosser forced his client to accept an Alford Plea.

There are items from the Courts "evidence lockers" that are missing.

There are ballistics and residue tests that point to other than Jeffery Washington.

One thing for sure is missing in the Jeffery Washington case is "Guilty beyond a reasonable doubt." And yet a man apparently falsely accused, who rightly refuses to "admit guilt", still sits in jail 14 years later. His loving and loyal father has impoverished himself trying to get a fair trial on an Appeal and remand to an honest court.

Where there is smoke, there is fire. And some members of the Bar should be "fired", and jailed, but by virtue of being Bar members, no other Bar member will bring charges, much less vigorously prosecute the likes of Thomson and Prosser.

The Office of U. S. Attorney of the Western District of Louisiana Donald Washington recently prosecuted two state judges for RICO violations with a bail bondsman. Here it appears a current Judge, John Prosser, when a defense attorney, working with the then Commonwealth Attorney Paul Thomson, and his sexual partner, the Court Reporter altered the transcripts to conceal a key witness to the case.

A paralegal researched that person last Friday to learn she has lived in 29 locations since the Alford Plea forced on Washington by then defense attorney Prosser.

Remember the Snyder v. City of Alexandria case where the Alexandria Police coached or tampered with two witnesses to testify (Bear False Witness) in Court that they saw Mr. Snyder rape a woman. After 7 years in jail, a "Constitution Project" was able to act through the
courts to force a DNA test, that proved Snyder could NOT HAVE BEEN the Rapist. Governor Wilder pardoned Snyder.

Maybe Virginia Attorney General Bob McDonnell or Acting United States Attorney Julia C. Dudley for the Western District of Virginia will begin to restore justice to the Winchester Court, investigate the "Rape of Justice" by Thomson and Prosser in the Jeffrey Washington
Case (and others most likely, such as the one where ten Felony Drug Counts by a WOMAN were all suspended by Judge Prosser a few weeks ago). Someone suggested the woman might be a "police drug informant" so got Prosser's special handling.

Maybe Governor Kaine can pardon Jeffery Washington whose Parole for good behavior while falsely imprisoned after altered transcripts and missing evidence is coming up soon.

Let us pray that Parole is not denied as retaliation for his father's lawsuit exposing the Fraud of prosecutor Thomson and his sexual partner the Court Reporter on the case way back when.

Remember that Joseph in the Bible was falsely imprisoned for 14 years because of the false accusations of Potiphar's wife.

For Equal Justice in Virginia,

James Renwick Manship, Sr.

Investigative Journalist
Member, Society of Professional Journalists
President, The Virginia Chronicle newspaper 2003-2004

2004 Evidence Review... Winchester Star article

Mal-Retardation in City Government thwarts man's freedom

By Laura Arenschield
The Winchester Star

A Winchester man’s decade-long fight to reverse his murder conviction hit another roadblock on Thursday in Winchester Circuit Court.

Jeffrey Franklin Washington, 32, who pleaded guilty 10 years ago to killing and robbing a 22-year-old Winchester man, has spent the time since then trying to get his trial thrown out.

His most recent attempt began last December, when he filed a lawsuit charging that a city prosecutor — now a local defense attorney — and his defense attorney — now a 26th Circuit Court judge — worked together to trick him and the court system.

But retired Circuit Court Judge Herman A. Whisenant Jr. of Manassas said on Thursday that Washington’s accusations are not true.

He dismissed Washington’s suit, leaving the convicted killer with few options.

“He can appeal the court’s decision today to the Virginia Supreme Court,” said David B. Hargett, Washington’s attorney for the suit. “Beyond the Supreme Court, if we appeal and are denied, it would take additional new evidence for him to get a new trial.”

Had Washington been convicted of capital murder 10 years ago, and had a Winchester Circuit Court jury decided he deserved it, he could have been executed.

Rather than risk that outcome, Washington, then 23, and his attorney, John R. Prosser, opted for a plea bargain with then-Winchester Commonwealth’s Attorney Paul H. Thomson.

Washington pleaded guilty to eight charges, including first-degree murder, for the shooting death of Carlos Darnell Marshall, who lived on Woodstock Lane.

He entered Alford pleas, a legal option that allowed him to admit that prosecutors had enough evidence to convict him, but to maintain that he did not commit the crimes.

Circuit Court Judge John E. Wetsel Jr. sentenced him to 70 years in prison, the maximum allowed under the plea bargain.

Because Washington was convicted and sentenced before Virginia legislators abolished parole, he could be released before he serves the full prison term. According to the Virginia Department of Corrections, Washington is eligible for parole in November 2006.

During Thursday’s hearing, Haggert argued that Washington agreed to the plea deal because he was afraid he would be convicted of capital murder.

Haggert said Washington also pleaded guilty because police and prosecutors intimidated and threatened witnesses who would have said Washington did not kill Marshall.

Washington was not in the Joint Judicial Center courtroom on Thursday, but participated in the hearing via speaker-phone from Buckingham Correctional Center, near Dillwyn, where he is being held.

He said prosecutors offered his co-defendants lighter sentences in exchange for their testimony against him.

Five men, including Washington, were arrested and charged in connection with Marshall’s death.

Washington was the only one found guilty of murder.

Washington said on Thursday that one of the other four men, John Paul Doleman, made a videotape re-enacting the murder for police investigators, and that the video “never placed me at the crime scene.”

But Assistant Winchester Commonwealth’s Attorney Marc H. Abrams said the evidence showed that Washington killed Marshall. All four of the other men at Marshall’s home that night said Washington was the killer.

[Editor's Note: See other article that states:

Also convicted of Marshall’s murder were John Doleman, Rudolph Powell, William Beamer, and Shawn Polston ]

Also NOTE error of journalist... An Alford Plea is NOT an admission of Guilt, rather an admission of likely being convicted. Due perception of abandonment or less than zealous defense by his defense attorney John Prosser, now "rewarded" with a judgeship, and the manipulation of evidence by the Winchester Criminal Justice system, it was a rational decision by Washington to accept the Alford Plea of No Admission of Guilt but to accept a sentence so to live to be able to appeal the injustice to date rendered.]

"Ever since Washington entered his Alford guilty pleas, his father, Franklin Washington, has embarked on a letter-writing campaign to public officials highlighting what he saw as illegal activity in the Winchester Commonwealth’s Attorney’s Office regarding his son’s prosecution.]

[Then again NOTE: that one witness did a video "re-construction of the crime" where Jeff Washington was NOT part of the video. ]

“I think the evidence was very strong — very, very strong — in this particular case that the right person was convicted,” Abrams said.

Winchester prosecutors are pleased with Whisenant’s decision, he said.

“Frankly, it’s been very frustrating to be retrying aspects of cases that took place 10 years ago,” Abrams said. “At some point, there needs to be finality. We can’t just have somebody make a new allegation years down the road and then retry old cases.”