A4 March 17-19, 2016
Richmond Free Press
News
Grand jury OKs probe of city connection to mayor’s church Continued from A1
Other sources have indicated the FBI and the Office of City Auditor Umesh Dalal also are participating in the probe. Under state law, the State Police Bureau of Criminal Investigation must have the approval of the governor, the attorney general or a grand jury to be involved in a probe of an elected official. Mr. Herring announced last month that he would involve the State Police. While he didn’t have authority to make the request, Mayor Jones earlier asked for a State Police investigation to try to clear any suspicions involving his church and city government after a report by Mr. Dalal found that the city’s director of public works was managing the construction of a satellite sanctuary for Mayor Jones’ church while on city time. In response to the grand jury’s action, the mayor’s office
Malveaux moves to Va. Court of Appeals Continued from A1
Court of Appeals appears unusual. She has spent about five years on the Henrico General District Court, a lower court whose judges rarely, if ever, write opinions or create precedents. However, Delegate Loupassi noted that “the last four or five people who were elected to the appeals court were lawyers with no judicial experience. Judge Malveaux has judicial experience out of the gate.” Judge Malveaux also has previous experience as a prosecutor and as a defense attorney, Delegate Loupassi said. That background, he said, is ideal for a court where the “bulk of the work involves criminal appeals.” “Her experience gives her a perspective a lot of other folks would not have,” he said. “While it is good to have people who have been appellate attorneys, she has seen it, done it, lived it, not just theoretically.” Judge Malveaux currently serves as the chief judge of the Henrico General District Court. She went on the bench in 2011 and was the Henrico court’s first full-time African-American female judge. She is married to Courtney M. Malveaux, a former assistant attorney general and former chairman of the Richmond Republican Committee who is now with the Richmond-based firm of ThompsonMcMullan. Judge Malveaux also is the daughter of Dr. Lillie R. Bennett, a longtime Richmond pediatrician on North Side, and the sisterin-law of Suzanne Malveaux, a former CNN correspondent. Delegate Loupassi said this week that Judge Malveaux’s successor on the General District Court has yet to be chosen. Judges of the Henrico Circuit Court could end up making the selection, though with consultation with Republican leaders to ensure the person selected could win election in the next session. For Gov. Terry McAuliffe, the overall result of the General Assembly judicial fight was a slap in the face. The choice of Judge McCullough brought an end to the governor’s efforts to secure the state Supreme Court seat for his temporary appointee, Justice Jane Marum Roush. The governor only could bitterly grouse about the decision of the Republican majority that blocked her. He called her ouster and the process of replacing her “an unprecedented political affront to the independence of our judiciary, the branch of government we depend on to apply calm and deliberative thought to our commonwealth’s thorniest disputes.” The Republicans’ first choice for the state Supreme Court, Judge Alston of the Court of Appeals, also was blocked by one of their own members, new Richmond Sen. Glen H. Sturtevant Jr. Sen. Sturtevant refused to join the 20 other Republicans in the Senate in electing Judge Alston. He abstained to prevent Judge Alston from gaining a majority, then jumped to join his colleagues in selecting Judge McCullough for the state’s highest court. He did not respond to a Free Press question as to why he did not support Judge Alston when the choice came down to him or Judge McCullough. In response to an initial Free Press query, Sen. Sturtevant stated that during his Senate campaign last year and after he took his seat, “I supported electing Supreme Court Justice Roush, a highly qualified and well-regarded individual who was already serving on the bench. “While the events that unfolded prior to my arrival at the Senate were unfortunate,” he continued, “Justice Roush deserved to stay on the bench, and I voted accordingly. I kept the commitments I made to my constituents by voting for (her) and abstaining on Judge Alston.” However, he sided with his colleagues who felt that “it would have been irresponsible to both the commonwealth and the court, itself, to leave a vacancy on the (state Supreme) Court because of a political stalemate in the legislative branch. It was the General Assembly’s constitutional responsibility to fill the vacancy on the Supreme Court based solely on the jurist’s qualifications to serve. “I was pleased (to vote for) another highly qualified jurist, Judge McCullough, a respected and experienced judge who has served the commonwealth with distinction for more than 19 years, including as solicitor general and as assistant attorney general. “Justice McCullough will serve on the commonwealth’s highest court with a commitment to justice and the rule of law,” the senator stated.
stated, “We welcome the grand jury’s action that will allow the State Police” to undertake the investigation the mayor previously requested. An impromptu prayer circle gathered Wednesday night on the front lawn of Mayor Jones’ South Side home. The auditor determined that Richmond Public Works Director Emmanuel O. Adediran, an associate pastor of First Baptist, used city business hours to oversee the church project and used city computers to Mr. Adediran send and receive emails about the sanctuary development in Chesterfield County. In the wake of the report, Mayor Jones and Selena CuffeeGlenn, the city’s chief administrative officer, required Mr. Adediran to give up a week of vacation time based on Mr. Dalal’s
estimate that he had misused 38 hours of city time. The Free Press later reported from sources that Mr. Adediran had permission from superiors to take on the volunteer project manager role for the church and to make up his time on the city job after hours and on weekends. Emails found on Mr. Adediran’s work computer and released by Mr. Dalal confirmed Mayor Jones was aware of Mr. Adediran’s work for the church while on city time. The issue of church members conducting church work while on the city clock blew up again when the Richmond Ambulance Authority dismissed a top executive, Pamela J. Branch, who was found to be working on church business while on the job. Ms. Branch was the RAA’s legal counsel and personnel director and a volunteer clerk at First Baptist. She was dismissed after she objected to being disciplined for violating RAA policy and threatened to sue for religious discrimination.
Obama picks Judge Garland for U.S. Supreme Court Continued from A1
Senate confirmation is required for any nominee to join the bench and Senate Republicans have vowed not to hold confirmation hearings or a vote on any nominee picked by the Democratic president for the lifetime position on the court. Republicans are demanding that President Obama leave the seat vacant and let the next president, to be elected in November and sworn in next January, make the selection. Judge Garland is a longtime appellate judge and former prosecutor who President Obama also considered when he filled two previous Supreme Court vacancies. In a foreshadowing of the pressure campaign the White House and its allies plan to wage in the coming weeks, the White House noted that seven current Republican U.S. senators voted to confirm Judge Garland to the D.C. circuit court in 1997. Judge Garland, who has earned praise from lawmakers of both parties in the past, was named to his current job by Democratic President Clinton in 1997, winning Senate confirmation in a 76-23 vote. Prior to that, he worked in the Justice Department during the Clinton administration. Judge Garland was born and raised in President Obama’s hometown of Chicago.
He won scholarships to attend Harvard University and graduated summa cum laude. He then earned his law degree from Harvard Law School. Prior to being selected to his current post, he served in numerous other legal posts. Among those, he was deputy assistant attorney general for the Criminal Division at the U.S. Department of Justice, then as principal associate deputy attorney general. He was praised for his work on the government’s response to the 1995 bombing in Oklahoma City by domestic terrorist Timothy McVeigh. He also supervised the department’s response to the Unabomber and the Montana Freemen. In his 19 years on the D.C. Circuit, he has earned a reputation as a consensus builder and a fairminded jurist. Virginia’s two U.S. senators lavished high praise on his selection. “Merrick Garland is a well-respected jurist with impeccable qualifications and unrivaled experience,” Sen. Tim Kaine said in a statement. “He also has garnered enthusiastic support from Democrats and Republicans in the past,” he added, “which should leave Republicans in the Senate no excuse for obstructing his confirmation process. Justice demands that the Senate provide
advice and consent for any Supreme Court nominee.” Sen. Mark R. Warner agreed. “Judge Garland is an exceptional judge worthy of the honor of serving on the Supreme Court,” he said in a release to the media. “This remarkably qualified appellate judge deserves a hearing before the Senate Judiciary Committee, thoughtful consideration by the full Senate, and an up-or-down vote,” he added. Without Justice Scalia, the nine-member Supreme Court is evenly split with four liberals and four conservative justices. President Obama’s nominee could tilt the court to the left for the first time in decades. Billionaire Donald Trump speaking on ABC’s “Good Morning America” program, said it was critical for Republicans to take back the White House to avoid Democrats shaping the Supreme Court. “You have four Supreme Court judgeships coming up, and that would mean they would take over, that would mean for 50 years, probably, this country will never be the same,” Mr. Trump said. “The Republicans should do exactly what they are doing. I think they should wait till the next president and let the next president pick,” Mr. Trump said.
GRTC driver raises safety concerns Continued from A1
arm. She said the muscles on her left arm are too weak to help her right arm turn the steering wheel of a bus. While GRTC denies it, Ms. Braxton believes the company has done too little to protect drivers or train them to deal with disruptive and potentially violent passengers. Frank Tunstall III, who represents GRTC drivers as president and business agent for Local #1220 of the Amalgamated Transit Union, agrees. “We’ve talked to the company about better addressing safety,” Mr. Tunstall said. “Our drivers are given some minimum training, but it is not sufficient to deal” with the kind of danger that can suddenly erupt. GRTC spokeswoman Carrie Rose Pace said the transit company has safety protocols in place and teaches drivers to manage passengers who present a threat or are disruptive. Among other things, she said drivers are taught to remain seated, to maintain a calm and composed presence and to call for assistance if needed. She said the protocols are incorporated into the training of new drivers and reinforced in annual refresher courses. Mr. Tunstall said the company has talked about the possibility of installing shields to reduce driver vulnerability. Ms. Pace confirmed the company has explored options, but based on driver feedback, GRTC is not
pursuing installation of such barriers. Even after the stabbing, neither the union nor the drivers requested shields, Ms. Pace said. Despite the risks, drivers are not allowed to carry any kind of weapon for protection. “It’s a firing offense,” Mr. Tunstall said, citing a company policy that requires the immediate dismissal of any driver found to be carrying any “instrument or weapon designed or intended to do bodily harm.” Ms. Pace said the company provides other safety tools for drivers. For example, she said that each bus is equipped with emergency and priority buttons a driver can press to quickly connect with dispatch if they feel unsafe. The emergency button turns on audio in the bus and broadcasts it so that a dispatcher can immediately hear what is happening and assist, she said. Ms. Braxton said neither of the buttons worked when she was attacked. Other drivers have told her of similar problems. She said the attack took place around 9:30 p.m. She had just made her last stop and was headed back to the garage. Just one passenger was left, she said. The passenger began demanding that she take him back to the Azalea Avenue stop where she had picked him up, about a mile north. When she refused, she said the man became more and more angry and began cursing and verbally abusing her. Increasingly frightened, Ms. Braxton said, “I kept pushing the buttons and
pushing the buttons, but I didn’t get any response.” Feeling isolated, she acknowledges she left her seat and got into an altercation with the man in trying to get him off the bus. She said help came after the man stabbed her. She managed to call 911, using her cell phone to summon police and emergency medical personnel. A dispatcher finally responded after she called police, she said. Ms. Pace, however, said GRTC found no evidence that Ms. Braxton pushed the emergency call button. Instead, Ms. Braxton pushed the lower priority buttons, said Ms. Pace, who acknowledged that it can take several minutes or more for a dispatcher to clear an earlier call and respond. Ms. Pace noted that another way GRTC tries to keep drivers safe is with security cameras. They provide video and audio, she said, which is one reason police were able to quickly identify and capture Ms. Braxton’s attacker. Video from the cameras is reviewed whenever there is an incident or complaint, whether filed by an operator or a customer, Ms. Pace said. Ms. Braxton hopes that speaking out about the attack she survived will encourage other drivers to press the company to put more attention on safety. “I’m an example of what can happen when the safety and protection of drivers does not get proper attention.”
Byrd Middle School to get name change Continued from A1
and 1964 rather than allow African-American and white students to attend the same schools. While African-American students were denied an education, state funds were used to pay for white students to continue their education at all-white private schools. Jordan’s campaign to remove Mr. Byrd’s name from the school drew backing from a diverse group of people who passionately voiced their objections to the school name at several Henrico board meetings and through emails, letters and phone calls to Henrico schools leaders. Few publicly dissented to the change. Most of those who spoke at board meetings argued that it was hateful to have Mr. Byrd’s name on any public school. They said it was especially disrespectful to African-Americans, who comprise just more than 20 percent of the school’s total student population of 999. The board’s history-changing, unanimous vote came at 4:10 p.m. March 10, after each board member cited his or her reason for supporting the name change. The community has 30 days to recommend new names for the building. The Henrico School Board then intends to select a name, which will be in place at the start of the 2016-17 school year, the board said. Board member the Rev. Roscoe Cooper III, who represents the Fairfield District, told the Free Press after he cast his vote, “It’s im-
portant we build a school system that is inclusive and representative of all races, religions and all of our community members. “You’re talking about someone who was the architect of Massive Resistance and sought to exclude black children Ms. Chapman Ms. Montague from getting an education,” he said of Mr. Byrd. “In 2016, there’s no place for someone like that to be honored with their name on a school.” Chaldea Montague, 65, who attended the meeting, said she was pleased with the board’s action. She said Byrd Middle School and adjacent Pemberton Elementary are situated on land that once belonged to her ancestors, the Vandervalls. She said the property of her great-great-grandfather, Benjamin Dunlop Vandervall, was taken by the county by eminent domain around 1968 and Byrd Middle School was built on the site. The Pemberton Elementary building, Ms. Montague said, used to be known as Vandervall School, named for Mr. Vandervall’s brother, civic leader William LeRoy Vandervall. It was built on land the Vandervalls sold to the county in the early 1950s for a
Want to suggest a new name for Byrd Middle School? Henrico Public Schools spokesperson Andy Jenks said suggestions are being collected online at www.henricoschools.us. Suggestions also may be emailed to the clerk of the Henrico School Board, Sue Largen, at dslargen@henrico.k12.va.us or sent via U.S. mail to Sue Largen, Clerk of Henrico School Board, 3820 Nine Mile Road, Henrico, Va. 23223. People also may phone suggestions to (804) 652-3808. If leaving a voicemail, include your name, contact information and suggested name for the school.
school for African-American students. Ms. Montague attended Vandervall School, which was closed in 1968 when Henrico schools were integrated. The building later was reopened and renamed Pemberton Elementary. “It’s wonderful and history has been changed again,” Ms. Montague said of the vote to change the middle school’s name. “I’m ecstatic. Words can’t describe how happy this makes me.” While she didn’t offer any new possible names for the school, Jordan said she would like it “to honor someone who was the exact opposite of (Mr. Byrd), someone who was positive and inclusive to everyone so that all students would feel welcome and could be proud of their school name.”