Ex-Del. Hamilton's emails to be admitted in trial

By Steve Szkotak

RICHMOND

Emails between a former Virginia legislator and his wife may be used at his trial on bribery and extortion charges, a federal judge ruled.

U.S. District Judge Henry E. Hudson concluded in his opinion that the exchanges between Phillip A. Hamilton and his wife are not protected because Hamilton was aware his employer had access to the computer on which the emails were exchanged and took no steps to protect them.

The decision means the emails may be used as evidence when Hamilton goes on trial May 2. He has pleaded not guilty.

Hamilton, of Newport News, was indicted in January on charges of securing funding for a teacher training center at Old Dominion University in Norfolk in exchange for a job as the center's director.

Hamilton, who was vice chairman of the House Appropriations Committee, successfully introduced legislation providing $500,000 in state funding for the center.

Hamilton later signed a contract to work part time for the center at an annual salary of $40,000, according to the indictment. He and ODU severed ties two years later, in August 2009, after media reports on email exchanges about the job and the center.

Later that year, Hamilton lost his re-election bid. He had been in the General Assembly for 20 years.

His attorney, Andrew Sacks, argued last week that emails between Hamilton and his wife should not be allowed as evidence. The emails, sent from a computer in Hamilton's office at the Newport News Public Schools, were private and protected by "marital privilege," he said.

Hamilton was an administrator with the public schools during the exchange on Aug. 16, 2006.

The government contends the emails, which are under seal, pertain to Hamilton's attempt to secure a job with ODU.

Hudson granted the government's motion, concluding Hamilton's privacy and marital privilege claims fell short.

When the government executed a search warrant for the computer, "Hamilton was on long-standing notice that the contents of his computer were subject to inspection," Hudson wrote. "He therefore lacked an objectively reasonable expectation of privacy in the stored August 16, 2006 emails."

As to the marital privilege, Hudson said since Hamilton took no action to safeguard the electronic messages, "the marital privilege was waived."

Sacks did not immediately return a message left by The Associated Press.

If convicted, Hamilton faces up to 10 years in prison on the bribery charge and up to 20 years on the extortion charge, along with a fine of up to $250,000 on each count. The government also is seeking forfeiture of the $80,000 Hamilton was paid by the center.

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