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Sunday, January 7, 2018

Is Henrico County CA Shannon Taylor deliberately sabotaging her case to protect the files of Commonwealth v. Spanos?

Strange turn of events in the case of Commonwealth of Virginia v. Spanos


In a December 20, 2017 letter to Rhetta Daniel, Attorney for Nickolas Spanos, the Henrico Commonwealths Attorney's office is refusing to provide Brady Materials in connection to Commonwealth v. Spanos case.


The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favourable to the accused--evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness

If the prosecution does not disclose material exculpatory evidence under this rule, and prejudice has ensued, the evidence will be suppressed. The evidence will be suppressed regardless of whether the prosecutor knew the evidence was in his or her possession, or whether or not the prosecutor intentionally or inadvertently withheld the evidence from the defense.

Further, in cases subsequent to Brady, the Supreme Court has eliminated the requirement for a defendant to have requested a favorable information, stating that the Prosecution has a constitutional duty to disclose, that is triggered by the potential impact of favorable but undisclosed evidence See Kyles v. Whitley 514 U.S. 419, 434 (1955); United States. v. Bagley, 473 U.S. 667 (1985). 

In our earlier blogs, we focused on the numerous constitutional and due process violations in the Spanos case which undoubtedly would be used in filing for a motion to dismiss the 13 pending indictments issued against Spanos.

Also we exposed the irregular actions of the Henrico County Commonwealth Attorney's office & Henrico Police Department which spans over 20 years, which includes tainted evidence/testimony, perjury within Grand Jury indictments, inappropriate behaviour between HPD investigators and their main witness and most of all, human rights violations pertaining to malicious prosecution/illegal arrest.

What better way for the HCCA Shannon Taylor to make this nightmare go away? Refuse to provide Brady Materials, thus a violation of due process which would lead to suppressing all evidence. For certain a motion to dismiss would be filed and case dismissed. 

This is a win-win situation for HCCA Shannon Taylor: 

  • the Spanos files would never have to be produced, thus any incriminating evidence against the HCCA would remained sealed.
  • HCCA Shannon Taylor cleans up the mess created for over 20 years by the three generations of Commonwealth attorneys.
  • Spanos would be satisfied as he feels that justice has been served by his indictments being dismissed.
  • It spares the Henrico judicial and law enforcement branches a great deal of embarrassment.
It will be an interesting turn of events to follow.


Saturday, January 6, 2018

"International Fugitive" Nickolas Spanos exclusive interview

"International Fugitive" Nickolas Spanos tells all in this interview with Virginia Corrupt Lawyers.


We have reached out to Nickolas Spanos for an interview and he has agreed to tell his side of the on going controversy with Henrico County Commonwealth Attorneys Howard Vick, Wade Kizer and Shannon Taylor that has reached 20 years.

We emailed both HCCA Shannon Taylor and ex-HCCA Howard Vick for comments but neither returned our emails to tell their side of the story.

VCL contacted HCCA Shannon Taylor and former HCCA Howard T. Vick for an interview but they did not care to comment on the Commonwealth v. Spanos case.

VCL: Why did you flee Virginia just before the Multi-jurisdictional Grand Jury hearings on December 03, 1998?

Spanos: For numerous reasons, the first being that I was told that leaving for Greece was an option by HCCA Howard Vick during a meeting with 2 HCP detectives and my Attorney Murray Janus, at the time I thought it was the best option considering that Murray Janus has also advised me to "take a vacation" for a while. The grand jury hearings were scheduled for early December 1998, since a subpoena was not issued for me or was I told there would be one issued for me, I exercised my right to travel.

VCL: How long did you stay in hiding upon arriving in Greece?

Spanos: I never hid in Greece or anywhere else, everyone knew my exact address, telephone number and how to contact me.

VCL: When you state everyone, please be specific.

Spanos: My family, friends, my enemies, HCCA/HCP, U.S. State department, U.S. Embassy Athens, Henrico County Commissioner of Accounts, my lawyers McGuire, Woods, Battle and Murray Janus, my accountants, the Internal Revenue Service, Social Security Department. All of them knew my exact address in Athens, Greece, as well as my telephone number and email. I renewed my US passport in September 2006 and had listed my address on the renewal application. My address in Greece has been the same for 18 years.


VCL: Did you feel that you would get a fair trial?

Spanos: Not at all, in fact the system does not allow a fair trial, for instance, the Grand jury issued 13 indictments against me for "conspiracy to distribute cocaine". Each charge carries a 40 year sentence and a $500,000 fine for each count, that totals 520 years in prison and a $6.5 million fine if convicted. A lawyer to defend me in such a trial would cost $150,000, now if I plea bargain, the worst case scenario would have been that I would be sentenced to 10 years and only having to serve 1-2 years, possibly less with work release. The news media had already tried me, so tell me, even being innocent, a man would still plead guilty to such charges just to not take the risk of conviction.

VCL: Were there any other factors that led you to flee for Greece?

Spanos: Numerous, another strong reason was the persecution and violation of my constitutional rights, especially in 1996-98. Henrico county detectives were constantly following me, in restaurants, bars, activities with friends & family, they were even coming to my private residence in Hanover county and stealing my trash, so they could go through it. Henrico police helicopters were flying over my home constantly, even one of the detectives came to my house with his wife, asking to see the inside since they admired it from the road passing by. He did not announce he was a detective so I let them both in for a viewing, they wanted to see each room, closet, bathroom and area. I later recognized the detective in my meeting with HCCA Howard Vick. Another major incident was on a night I had been stopped by 7 Henrico Police cars with 10 officers for a "routine traffic stop", they were mostly undercover except for a couple of them, one being a detective Anthony Mehfoud. They claimed I had drugs in the car and insisted a search, which I refused, despite my refusal, they proceeded a complete search, tearing my car apart, in which they found nothing. Despite having a Florida drivers license, I was arrested for driving without a Virginia drivers license, the charge was dropped later. I met with a few attorneys to seek advise of what was happening, one was a previous deputy HCCA who worked with Howard Vick. All three advised me to be very careful and that the HCP would likely plant drugs on me or my possessions. The HCP had spent hundreds of man hours investigating and tracking me but could not obtain incriminating evidence, they were so frustrated that the chances of being framed were high.

VCL: While in Greece, just after the Grand jury indictments being issued and announced in the Richmond Times Dispatch that you were the "hub of a cocaine organization that distributed more than 600 kilos in the Richmond, Virginia area", you were interviewed by the Richmond Times Dispatch and stated it was a "witch hunt", do you still stand by that statement?

Spanos: Witch hunt? No, it is a strong case of oppression and persecution, what would you call when HCCA Howard Vick makes such wild accusations without any material evidence? Claiming 600 kilos of cocaine distributed without 1 grain of cocaine being confiscated, no money transactions, only a mysterious "black book" that never existed. The only "evidence" presented to the grand jury was the testimony of 13 drug addicts, unnamed in the indictments, who cut deals and walk away with immunity. Is this a justice system, playing lets "make a deal"? Let us see the outcome if no immunity was offered. We have absolute proof that the Grand Jury indictments were built on lies, intimidation, deceit and perjury.

VCL: Have you seen the Grand Jury indictments and when was the first time?

Spanos: Yes I have, the first time was about the 1st week of March 2013, when my older sister obtained a copy from the Henrico county Circuit court clerks office and sent them to me. I had been arrested in the Philippines on October 18, 2012 by Philippines Immigration and assisted by the U.S. Embassy/ FBI on instructions by HCCA Shannon Taylor. I had was waiting to be extradited, four months passed by and no extradition request had been submitted by the HCCA, I was supposed to be released on the 60th day of my arrest but the Philippines immigration refused, stating their reason was that the U.S. DOJ/HCCA was to extradite me. My Philippine lawyer instructed me to get authenticated copies since neither the Philippines Immigration or the U.S. Embassy Manila has provided them.

VCL: Did you see anything in the grand jury indictments that were suspicious?

Spanos: Yes, many suspicious items and perjury by the HCP detective and HCCA Howard Vick. Throughout the indictments, they presented a witness named Dr. Hugh Williams M.D., the Virginia Medical Board has issued a certificate that there is no Dr. Hugh Williams M.D. in the Virginia or national database, only a Hugh Williams who was licensed as a Radiologic technologist in 2002. Why does the HCP and HCCA have to present a false witness for credibility? This is perjury. Another strong point is that Witness L, main witness unnamed is my ex-girlfriend Sierra E. Cooke, who I had been in a long and nasty custody battle over our son, she has a documented suicide attempt in which she was held in St. Mary's Hospital for 48 hour suicide watch. Their main witness has a history of mental illness and is unstable. We also have strong evidence that Sierra E. Cooke had personal relations with at least one of the investigating detectives, Also, the dates of the alleged offences do not match or are inaccurate, they state from January 01, 1987 to December 31, 1998, these alleged drug transactions occurred. First off, I was in Greece from November 28, 1998, how is it possible i made drug transactions? Then, if the drug transactions took place from January 01, 1987 to December 31, 1998, 11 whole years, what was the HCP doing all this time? You are following me around everywhere, searching my home and my car illegally but yet you find nothing or catch me in any illegal activities? In a Grand Jury hearing, only the prosecutor is allowed to present "evidence", the "Rules of Court" are completely neglected and the prosecutor can say or do as he pleases like in my case, commit perjury. Is this a justice system?

VCL: How long were you held in a Philippine jail?

Spanos: I was detained for 19 months without an arrest warrant or in violation of Philippine law, I never saw 1 day in court or allowed due process of law. After the Philippines DOJ made numerous requests to HCCA Shannon Taylor for authenticated copies of the Grand jury indictments/arrest documents and she refused them, they decided the only option was to deport me to Greece.

VCL: In a March 01, 2013 RTD news article, HCCA Shannon Taylor stated that you were arrested on unrelated charges and it was unclear whether you would be extradited to Henrico County, any comments?

Spanos: Yes, HCCA Shannon Taylor is a liar, plain and simple. First off, I was detained by instructions from HCCA & U.S. Embassy/FBI to the Philippines Immigration, numerous letters were written by the U.S. Embassy Manila legal attaches, with copies of some information provided by HCP/HCCA. I was charged on October 19, 2012 by Philippine Immigration for being an "undesirable alien", a fugitive from justice. My attorney has the letters, documents from both the U.S. Embassy and Philippine Immigration, HCCA Shannon Taylor has absolutely no evidence I was being held on unrelated charges. As for being unclear whether I would be returned to the United States to face the 13 indictments, Philippines immigration and I waited 19 months for HCCA Shannon Taylor to file an extradition request, which she maliciously refused to do, she let me rot in a Philippine jail with her deliberate negligence.

VCL: After you were deported to Greece, what happened?

Spanos: I was deported on June 01, 2014, during my flight, an Interpol Red Notice was issued for my arrest, upon landing in Athens, Greece, I was arrested by Greek police and detained for 60 days while the HCCA prepared an extradition request. On the last day of the allowed detainment period, the U.S. Embassy Athens presented the Greek DOJ an official extradition request with all the authenticated supporting documents. My detainment was continued until the extradition hearing on September 24, 2014, in which a Greek tribunal denied the HCCA/U.S. Embassy request for extradition. However, under international law, since the extradition was denied, Greece was obligated to prosecute me in the Greek judicial system. My detainment was extended until my trial on March 27, 2015, a Greek tribunal dismissed all the Grand Jury indictments and I was released.

VCL: So the HCCA did not process an extradition request for the entire 19 months detainment in the Philippines but when you arrived in Greece, your protected haven, they attempted an extradition request, is that not suspicious?

Spanos: It is not only suspicious but intentionally conducted in this manner to assure that I would not be returned to the USA. Their actions also violates numerous constitutional rights and due process of law, I will explain. The HCCA had their best chance to have me extradited from the Philippines but they never took action, the Philippines is heavily influenced by the USA, thus an extradition would have been 95% successful. The HCCA was obligated to do whatever possible to bring me to justice in the USA but obviously did not. An extradition request in Greece has a 5% chance of success, being that I was also a Greek national, add in the fact that when the Greek DOJ requested more evidence, HCCA Shannon Taylor never responded just like in the Philippines. In most extradition requests, the U.S. DOJ will retain the services of an attorney to represent their interests and filing motions, etc. In my extradition hearing in Greece, no attorney was assigned to represent the US DOJ or was a motion to appeal filed when the extradition request was denied.

VCL: Was there any media/press coverage of your arrest/extradition trial in Greece or USA?

Spanos: None, as a matter of fact, it has been suppressed by even the Richmond Times Dispatch, they were informed of all the details on the situation but hid the story. It seems that when such a news breaking story happens, the press jumps on it, but why in my case it was kept hidden? Why was my arrest in the Philippines and Greece not announced in the media, usually prosecutors/DOJ officials are quick to issue a news statement to brag of catching an "International Fugitive" who allegedly distributed 600 kilos of cocaine. Unless their case stinks, is weak and built on deception/perjury, some might even say their was some type of bribe or compensation paid to blunder the case. Lets not forget about the personal relationship that "Witness L" aka Sierra E. Cooke allegedly had with at least one of the HCP Detectives.

VCL: Lets touch on this alleged personal relationship that you mentioned a few times in our interview, what evidence or suspicions do you have?

Spanos: I cannot fully disclose the evidence at this point since my attorney will be presenting this during future cases in court against the HCCA/HCP but I can state that "Witness L" aka Sierra E. Cooke admitted to me several times of the close personal relationship of one HCP detective involved in my case. During the investigations, they formed a close and personal bond, from my point of view, I would say she manipulated the detective and used her charm to put ideas and scenarios in his mind, which of course illegally reinforces the prejudice and persecution in my case. 

VCL: Your attorney recently filed a memorandum/motion for "Brady Materials" with your case, please explain the situation with this.

Spanos: That is correct, on December 19, 2017, attorney Rhetta Daniel filed those cases in Henrico Circuit court and notice was served to the HCCA. We had requested in mid-November "Brady Material" as per my constitutional rights and Rules of the Court, HCCA Shannon Taylor refused to provide the evidence that we are legally entitled to, thus forcing my attorney to file court cases to force the HCCA to turn over all evidence that is exculpatory evidence and pertinent to my case. We had just received a letter dated December 20, 2017 from HCCA Shannon Taylor/ Michael Feinmel that they are refusing to provide such evidence and will oppose it in a scheduled hearing.

VCL: The HCCA is opposing to turn over "Brady Material" in your case, why would they oppose since you are legally entitled to?

Spanos: The obvious reason is that there is incriminating evidence against the HCP/HCCA office over the past 20 years against them, violations of constitutional rights, due process of law, perjury, malicious prosecution, oppression, delay of justice, false arrest, making libellous and slanderous public statements and many other violations of law, which would also include some type of bribery/compensation as not to pursue justice. It is a fact that files and documents have gone missing from Henrico Circuit court files, that only the HCCA had access to, is this not suspicious?

VCL: In your opinion, what will be the outcome, do you feel confident in your present/future case?

Spanos: I have always felt confident that there was no material evidence in my case, thus me challenging HCCA Howard Vick in 1998-99 Richmond Times Dispatch news articles, I dared him to have me extradited from Greece, in which he could have easily brought me back. My citizenship in Greece was not formalized until April 2000, all Vick had to do was send a simple fax to the U.S. State department and have my U.S. passport cancelled, in which the State department/U.S. Embassy Athens would have informed Greek authorities. I would have been arrested and deported as an undocumented alien, Vick could have had me back in Henrico County Circuit court within one month of my leaving the USA on November 28, 1998. The final outcome is already known, HCCA Shannon Taylor career is finished, she knows what she has done over the past 5 years and she has been sadly attempting to cover up her, Howard Vick and Wade Kizer's illegal actions. This whole case has been built on lies, deceit and illegal activity by both the HCCA and the HCP. 

VCL: One last question, will you be filing any cases for damages?

Spanos: I can not give any details as to that at this point, all I can state is that my constitutional rights and Due process of law have been violated for over 20 years, my family & friends has suffered greatly, we have all been oppressed and persecuted which has led to embarrassment, prejudice and being ridiculed. My wife & children have suffered greatly both in the Philippines, Greece and the USA. I lost my very successful business, as well as the two orphanages that were supported by my business and have been prevented from future employment/financial ventures because of the HCCA/HCP and to this day still suffer mentally because of their actions. I was illegally arrested and detained for 19 months in a Philippine jail under inhumane conditions, which led to denial of medical care, subject to both physical & mental torture and our human rights violated. All these are the direct actions of the HCCA/HCP. Yes, numerous cases will be filed, once we obtain the "Brady Materials", we will know exactly what transpired.

VCL: Thank you Mr. Spanos for your time.