Judge throws out appeal from former Virginia Beach lawyer

A federal appeals court has dismissed the latest challenge by disbarred Virginia Beach lawyer Thomas E. Smolka, who argued that he was treated unfairly by vindictive prosecutors and a biased judge.

Smolka, 60, was a real estate lawyer who, in 1993, was convicted of killing his wife, Betty Anne, while vacationing in Florida. But the conviction was overturned, and Smolka was freed from prison after serving 33 months.

Smolka returned to Virginia and began practicing law again, but was charged in 2002 with mail and wire fraud after bilking about 17 clients out of more than $110,000. He pleaded guilty in that case but fled before sentencing.

He was next arrested in Oregon after seeking monetary damages from the Portland Archdiocese by posing, under the name of a deceased man, as a sexually abused victim of a Catholic priest. Smolka was convicted of fraud and sentenced to 37 months in prison.

He then was returned to Richmond and sentenced to 78 months in prison on the fraud charges plus an additional 60 months for failing to appear.

In all, Smolka is serving 14-1/2 years in federal prison.

The 4th U.S. Circuit Court of Appeals in Richmond ruled Friday that Smolka's appeal was without merit. He argued that prosecutors pushed for additional prison time for vindictive reasons, but the appeals court said Smolka had not proven his argument.

Smolka also tried to argue that the judge in the Virginia case, Robert E. Payne in Richmond, was biased. In court, Payne called Smolka an embarrassment to the legal profession and said that he preyed on weak and vulnerable victims. The appeals court dismissed that argument as well.

Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com