Judge sets up grand jury in Norfolk no-show case

NORFOLK

Circuit Judge Charles E. Poston took the rare step Tuesday of impaneling a special grand jury to recommend whether criminal charges will be filed in the case of the no-show worker at the Norfolk Community Services Board.

A suspended employee, Jill McGlone, was paid $320,000 over 12 years even though she did no work. Investigations by the city attorney's office and police did not turn up evidence of criminal wrongdoing, Commonwealth's Attorney Greg Underwood determined last year.

Community and political leaders were frustrated that no one was to be prosecuted. That boiled over at a City Council meeting Jan. 23, at which Councilman Andy Protogyrou said a criminal act clearly had been committed.

Poston said two state statutes gave him the power to create the grand jury, and Mayor Paul Fraim said all of the city's Circuit Court judges agreed.

A lawyer for three decades, Fraim said he'd never seen a judge issue a similar order.

He said Poston will appoint a special prosecutor to call witnesses and question them in front of the grand jury, which will decide whether anyone should be indicted.

Grand jury proceedings are closed to the public, but the members of this grand jury were identified. Former Norfolk Schools Superintendent John O. Simpson will head the panel.

The other members are: Marion B. Vendrick, a former Army officer; Angelica Light, president of the Hampton Roads Community Foundation; Linwood Beckner, a West Ghent resident; Linwood Fisher, vice chairman of the Norfolk City Democratic Committee; Craig Reilly of Monarch Bank; Marilyn Booker of the U.S. Equal Opportunity Employment Commission; Allen Brown, Bettie Minette Cooper, John R. Masterson and Judy Rubin.

"It's a cross section of very intelligent people," Councilman Protogyrou said.

George Schaefer, clerk of the Circuit Court, delivered Judge Poston's order to the city attorney, Bernard A. Pishko, just prior to Tuesday's council meeting.

The lawyer who represents two former CSB employees who said they have been made scapegoats in the scandal, Anthony Crisp and Linda Berardi, said the person presenting evidence to the special grand jury "should obviously not be anyone with the City of Norfolk" and suggested it be someone from outside the area.

"As long as it's conducted by a thoroughly neutral and thoroughly unbiased person," Kevin Martingayle said, "I can tell you that I'm not concerned, and I don't think my clients will be, either."

"This ought to be run by somebody from the outside who has neither an ax to grind nor any self-interest."

Councilman Tommy Smigiel, who has been critical of the council for failing to address the issue for more than a year, said he hopes the grand jury brings some finality to the issue.

"I'm willing to try anything now," he said. "If we can have some resolution with the CSB and this is it, let's do it."

"What they've done," Fraim said of the creation of the special grand jury, "is turn this issue over to the citizens of Norfolk to see if someone should stand trial for a crime."

Protogyrou, an attorney, agreed.

"The citizens will decide whether any criminal activity occurred and not necessarily the council or a bureaucrat or prosecutor," he said.

Pilot writer Patrick Wilson contributed to this report.

Harry Minium, 757-446-2371, harry.minium@pilotonline.com