Sunday, January 25, 2015

COMPLAINT AGAINST VIRGINIA SUPREME COURT IN PRYDE/PETERSON DECSION



Early last week I filed a complaint against the Virginia Supreme Court because of a major factual error in the Court's decision to dismiss the jury verdict in the Pryde/Peterson case holding Virginia Tech accountable in the April 16, 2007 rampage.  Here is that complaint:


COMPLAINT

MAIL TO:    Judicial Inquiry and Review Commission
                                    Post Office Box 367
                                    Richmond, Virginia   23218-0367
                                    
Note: The Commission does not accept far or email complaints

Name of Judge      Justice Cleo E. Powell

Location of Court  Supreme Court of Virginia, 100 N. Ninth
                                       Street     Richmond, Virginia

Date of Incident  Opinion by Justice Cleo E. Powell  October 13, 2013

Case Name or Number:   

Factual error—decision in appeal of wrongful death suits

Name and telephone numbers of persons who witnessed the judge’s conduct: Supreme Court Justices Kinser, Lemons, Goodwyn, Millette, Russell, and Lacy (804) 786-6455. Robert T. Hall of Hall & Sethi, Reston, Virginia (704) 925-9500. William Broaddus, McGUIREWOODS (804) 775-1000.

Description of what the judge said or did that you believe was improper:  On October 31, 2013, Virginia Supreme Court Justice Cleo E. Powell issued an error-ridden opinion reversing the jury verdict in the case of the Commonwealth of Virginia v. Grafton William Peterson, Administrator of the Estate of Erin Nicole Peterson, Deceased, et. Al. (From the Circuit Court of Montgomery County, William N. Alexander, II, Judge Designate.) On page 2 of Justice Powell’s decision she writes: “Although officers from the Virginia Tech Police Department were the first on the scene, (continued)

Name                                                                                    Daytime
(Please Print) David S. Cariens                            Telephone:  given

Address  given

___________________________________________               Date   January 17, 2015
Signature

Note: The Commission does not accept unsigned complaints
(continued)

“the Blacksburg Police Department led the investigation.”

The exact opposite is true. The Virginia Tech Police Department led the investigation. Both Virginia Tech Police Chief Wendell Flinchum and Blacksburg Police Chief Kim Crannis testified, under oath to that fact in direct questions from William G. Broaddus. (See attachments A and B, photocopies of Chief Flinchum’s and Chief Crannis’s answers to Broaddus’s questions.)  In another question from Broaddus, Chief Crannis testified that she offered assistance to Chief Flinchum. (See attachment C). On another occasion, and in a response to Broaddus’s question, Flinchum testified “we called the Blacksburg police for assistance.” (See attachment D.) In a video clip of Virginia Tech President Charles Steger’s press conference on the evening of April 16, 2007, which was shown to the court, President Steger states, “The Blacksburg Police Department were also on the scene assisting the Virginia Tech police …”  (See attachment E.)

I am also enclosing the agreement between the town of Blacksburg and Virginia Tech, stating that “2. All law enforcement personnel responding to an emergency request as described in this agreement will report to and take direction from the Chief of Police of the requesting agency or his/her designee.” (See attachment F.)

Also, I am enclosing a letter from Blacksburg Police Chief Kim Crannis to me confirming that on the morning of April 16, 2007, the investigation was conducted in accordance with the legal agreement between the town and school. (See attachment G.)

I believe that Justice Cleo E. Powell violated two Canons of the Canons of Judicial Conduct for the State of Virginia. They are Canons 1 and 2.

CANON 1.
A JUDGE SHALL UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY.

A.

An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be
preserved. The provisions of these Canons are to be construed and applied to further that objective.

Commentary:

Although judges should be independent, they must comply with the law, including the provisions of these Canons. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Canon diminishes public confidence in the judiciary and thereby does injury to the system of government under law.

I am not accusing Justice Powell of lying, but by writing a decision containing a factual error of this magnitude (involving the worst school shooting in this nation’s history), she has done irreparable harm to “an independent and honorable judiciary [which] is indispensable to justice in our society.”  She has violated Canon 1. If Justice Powell were a student in one of my classes, I would flunk her. (See attachment F, my biography.)

CANON 2.

A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE'S ACTIVITIES.

A.

A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

Commentary:

It is against the law to introduce false or wrong facts into court proceedings. By wittingly or unwittingly allowing a factual error into her decision, Justice Powell has, at minimum, been complicit in the violation of the laws of the State of Virginia. This is tantamount to the impropriety of the first order and does not promote “public confidence in the integrity and impartiality of the judiciary.” Furthermore, Justice Powell’s decision casts serious doubts on the integrity, thoroughness, and objectivity of the Supreme Court of Virginia. The decision should be withdrawn and the verdict of the Circuit Court of Montgomery County, Virginia should be reinstated.


If you have any questions about the above complaint, please contact me.


                                                                        Yours sincerely,

                                                                        David Cariens

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