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Former Gate City Mayor to Face Remaining Charges in December

From staff reports


Charles Dougherty

A judge declined to drop the remaining 15 charges facing Gate City’s former mayor but had to postpone the sentencing phase on other charges he was found guilty of earlier this year.

Thirtieth Judicial Circuit Court Judge Birg Sergent ruled that Charles Dougherty Jr. will be tried Dec. 12-13 on the remaining 15 election charges stemming from the May 4, 2004 Gate City election.

Dougherty’s attorney, Carl McAfee had filed a motion asking the charges be dropped because of time limits on trying cases. Under Virginia law, a defendant has a right to a speedy trial but this right may explicitly or implicitly waived.

Scott County Special Prosecutor Joel Branscom argued that McAfee waived his client’s right to a speedy trial in Dec. 13, 2005 during a preliminary hearing. But during yesterday’s proceedings, McAfee vehemently denied waiving that right.

Branscom said he recalled he had asked for all of the charges to be tried together and McAfee adamantly opposed that request, stating specifically his client was entitled to separate trials, if necessary, on each of the original 37 counts.

Yesterday in court, Branscom relied on his own memory and that of the judge and presented a copy of the Dec. 14, 2005 edition of the Scott County Virginia Star, which reported McAfee’s decision to waive his client’s right to a speedy trial. A transcript of the preliminary hearing could not be found although a court reporter was present during the proceedings.

McAfee suggested the special prosecutor was incorrect and stated that if he was relying on the Scott County Virginia Star, that the newspaper didn’t get the date of his [own] federal court case correct. He referenced an opinion piece written by current Gate City Mayor Mark Jenkins in February 2006, which listed an incorrect date.

Both attorneys took exception with one another’s position and heated words were exchanged during the encounter. Judge Sergent explained that he generally didn’t take a lot of notes but he had penned in his notes that the defense waived its right to speedy trial on Dec. 13, 2005.

He then denied McAfee’s motion and also denied a motion for a new trial based on the premise of a mistrial in the July conviction. McAfee stated he had heard rumors of misconduct among jurors in the July 21 trial but wasn’t unable to present any evidence.

Branscom said he had asked the state police to investigate the allegations but they found no evidence to support the notion.

Branscom had subpoenaed several witnesses for yesterday court appearance, including Scott County Virginia Star Publisher Lisa Watson McCarty and four of the 12 jurors in the July 21 trial.

McAfee wanted to question one of the jurors regarding the “rumors” he heard about some jurors being contacted during the trial. Even though the trial lasted only one day, it has been speculated that potential members of the jury pool may have been called before the trial.

Sergent said he didn’t want to call the jury but agreed to appoint a Lee County investigator to look into the allegations.

Branscom complained that McAfee was trying to delay the trial and asked a state police investigator also be appointed.

McAfee continued his theory of jury misconduct by stating jurors were involved in misconduct while other jurors left the room.

Branscom countered that many of the 12 jurors had received phone calls after the trial was concluded from people, who said claimed to be FBI agents.

Following a 10-minute recess, Sergent had changed the date for the pre-sentencing phase to follow the end of the Dec. 12-13 trial because McAfee said he hadn’t received a copy of the pre-sentencing report.

Jennifer Lester, Dougherty’s probation officer, explained she sent copies of the report to McAfee and the judge on Sept. 21 but again McAfee said he hadn’t read the report nor had his client seen it.

Sergent ruled because Dougherty had not seen a copy of the report, which he is required to see at least five days prior to the sentencing, the court couldn’t rule on the sentence.

Branscom suggested that Dec. 13 would be an appropriate date because he would be here for the other trial. He added that he hoped McAfee would be able to have all of his reports together at that time.

After another heated outburst between the defense and prosecution, Sergent asked the two attorneys direct their comments to me and not each other.

The prosecutor, who was clearly frustrated over yesterday’s circumstances, stated he had another day job and the date for the sentencing had been set for a long time. I don’t believe this is the first time the defense attorney has done this, Branscom said.

He knows what to do and this is costing the state taxpayers money and the citizens of Botetourt County service, he added.

Sergent remarked that Virginia doesn’t strive for efficient court systems like in Germany but did try to get the job done. The judge agreed to provide a written report by the investigator into the misconduct alleged by the defense.

Dougherty was found guilty on 16 counts in July and was fined $2,000 on each of the 16 counts ($32,000) and ordered to serve 2 days in jail on each of the 16 counts (total of 32 days).He remains free on bond while waiting for his official sentencing, which now moves to Dec. 12-13. In February, he was acquitted of two counts of conspiring to interfere with voting rights.

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