Patrick Wilson
The Virginian-Pilot
©
NORFOLK
City Council members should be given access to the police file on a 12-year "no-show" worker, says an attorney representing two people who were fired in the scandal.
A presentation by the city attorney's office before the council Tuesday included inaccuracies and omissions about the case, Kevin Martingayle wrote in a letter this week to the city attorney and council that was obtained by The Virginian-Pilot.
"It is clear to me that either the City Council has not been provided with full information, or that members of Council have not taken the time to read the information before making damaging remarks and suggesting an unwise course of action," he wrote.
The council was briefed by City Attorney Bernard A. Pishko and Deputy City Attorney Adam Melita at the request of Councilwoman Theresa Whibley.
Questions and lawsuits remain about why the Community Services Board kept an administrative employee on paid suspension for 12 years, even after one of Pishko's deputies told the agency's director of administration in 1999 that she ought to fire the employee.
Councilman Tommy Smigiel agreed that the council should see copies of the police investigation, if it is allowed under the law. Councilman Andy Protogyrou said Pishko offered to show him a copy of the report last week but he had not yet taken Pishko up on the offer. He said he would meet with Pishko on Wednesday.
Pishko said Friday that police records are generally kept confidential.
"Providing access by the council to police investigations is not something that we would ever do very lightly, and there doesn't appear to be any reason to do so," he said. He said the council could have access to interviews a deputy city attorney conducted in 2010 with CSB employees.
Patrick Wilson, 757-222-3893, patrick.wilson@pilotonline.com
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DOCUMENT | Letters to city attorney
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TRIAL BY PRESS
I JUST WANT TO ADD, IT APPEARS THAT THIS LADIES COFFIN HAS ALREADY BEEN NAILED SHUT. YOU FOLKS SOUND LIKE A LYNCH MOB. TAX PAYERS MONEY THIS AND TAX PAYERS MONEY THAT. MOST PEOPLE DON'T EVEN PAY TAXES, WE DO EVERYTHING IN OUR POWER TO TRY AND FIND SOME DEDUCTION NOT TO PAY TAXES. AS FOR THIS WOMEN, I GUESS THE QUESTION IS WAS SHE SUSPENDED WITH OR WITHOUT PAY?
Pishko is playing favorites on council
"Protogyrou said Pishko offered to show him a copy of the report last week but he had not yet taken Pishko up on the offer."
But...
"Providing access by the council to police investigations is not something that we would ever do very lightly, and there doesn't appear to be any reason to do so,"
So which is it Mr. Pishko?
Nobody gets to read the file or just the one you can 'trust'?
Excellent legal work Mr. Martingayle.
It looks like Andy P., the criminal defense attorney, was suckered big time.
Or he is fronting for those in the Norfolk City Attorney's office who could be material witnesses if the case was to proceed.
It's becoming clearer that the issue is the competency of Mr. Pishko and those who work in that office. Look at Mr. Melita's lack of knowledge about the matter.
I've called for Bernie's resignation before when this surfaced and there was no full explanation in the matter. I still think the same.
Incompetence all the way around. Just add conspiracy to it now.
If city council members really wanted to get to the bottom of this, they would invite Mr. Martingayle to an informal session to get the all the FACTS.
Ain't gonna' happen.
no show
Lets get it out. Why not skip the City Attorney's covering up of the facts and let his clients appear in open session of the council meeting and answer questions? The City Attorney has the file and he certainly has let council members review other police investigations.
IT'S ALWAYS THE SAME
The coverup is always worse than the crime. The press ALWAYS find out the truth - sooner or later. The inevitable search for the Guilty; punishment for the Innocent; credit for the Uninvolved. It's ALWAYS the same...
It's not going to just go away.
It appears Commonwealth's Attorney Underwood and Fraim's consigiliere Pishko are stonewalling in hopes this will fade off the radar screen or be supplanted by some other more dramatic local news event.
But, hopefully, with the dogged determination of Harry Minium and a few responsible members of city council, the truth and all the facts will be dredged up into the sunlight.
What???????????
Pishko says that providing City Council access to the police investigation concerning this incident shouldn't be done?
I'm sincerely baffled by this. He's telling them HE can see the investigation report but City Council, the people who are suppose to be in charge of the city can't see it?
PUBLIC FUNDS have been used to pay someone who didn't show up for work for 12 years. City Council is obligated to have this investigated but THEY aren't going to be allowed to read the investigation themselves? If that's the case then why do we need City Council?
No reason to do so!
Police records are confidential in order to avoid jeopardizing a future prosecution. If everybody knew what the police know, before charges were filed, it would make it easier for perpetrators to cover up their crimes by threatening witnesses, tainting or destroying evidence, or fleeing. Discovery in criminal cases is very limited, other than exculpatory evidence.
In this case, the Commonwealth's Attorney has already stated that there will not be any criminal charges. Therefore, there is no reason not to release the police records. No reason, that is, other than to avoid embarrassment, and prevent the awkward truth from coming out.
police records
are subject to FOIA requests too. There are exemptions such as ongoing investigations. My understanding is this case is no longer active and the CA (Underwood) has passed on prosecution.
Pishko looks to be the one who is covering up this affair. I've always thought since the start of this fraud that his office is part of the conspiracy.
Prove me, and the council, wrong.
If Andy can read the police report, then I can too.
The joke played on Norfolk continues
reminds me so much of the Obama administrations antics ie solyndra, Eric Holders fast and furious guns debacle and essentially everything spewed from the grifters mouth. I feel sorry for Norfolk. Get used to it if Obama is elected again on a country wide basis.