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Showing posts with label Brady materials. Show all posts
Showing posts with label Brady materials. Show all posts

Tuesday, March 26, 2019

HCCA Shannon Taylor refuses to bring international fugitive to trial

Evidence of collusion exhibited  in Henrico County Commonwealth Attorney's office in international fugitives case




Just days before the January 19, 2019 Motion To Dismiss thirteen indictments for conspiracy to distribute cocaine, the HCCA went into negotiations with the defendant Nickolas Spanos and his attorney Jay Pickus, who was recently retained to represent him.

What takes place over the following weeks have raised stronger suspicions of collusion between the HCCA and the FBI. The unanswered question of why Shannon Taylor and the Richmond FBI refuse to bring the defendant Nickolas Spanos back to Virginia to face allegations that he was the "hub of a 600 kilo cocaine distribution organization".

Further investigations produced evidence of the HCCA's main witness, an ex-girlfriend of Spanos, known as witness "L" in the grand jury indictments as not credible, with a history of mental illness, suicide attempt, and perjury.

The most damaging allegations is that witness "L" and the HPD investigator in the Spanos case, were having a personal relationship from 1999 which lasted a few years. The HPD investigator was later employed by the FBI Richmond office.

It is alleged that the original HCCA Howard Vick, knew of witness "L" lack of credibility and serious mental health problems, and later discovered about the personal relationship between his main witness and the HPD investigator.

During negotiations with Spanos's attorney Jay Pickus, the serious allegations surfaced in a blog titled "Henrico County Commonwealth Attorney's con artist Witness "L", in an attempt to keep the evidence from going public, the HCCA and the FBI, immediately moved to dismiss the federal UFAP warrant and the INTERPOL Red notice against Spanos. 

It is unheard of that the HCCA & FBI would support dismissing a federal UFAP warrant and an INTERPOL Red notice without the fugitive being arrested, arraigned and the indictments being decided in a court hearing.

The fact that witness "L" and the HPD investigator were allegedly having a personal relationship, combined with witness "L" serious mental history, including a suicide attempt which kept witness "L" in a St. Mary's hospital mental suicide watch for 48 hours, were never disclosed to Spanos's co-conspirators defense attorneys, which the HCCA was obligated to due so under the Brady Rule Law.

Brady Rule Definition: 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 favorable 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.

The serious implications is that the three co-conspirators pleaded guilty in plea bargain agreements, which they possible would not have if the exculpatory evidence was disclosed, as obligated by law, in which the co-conspirators went to prison for three to fifteen years. 

The biggest question goes unanswered by Shannon Taylor and the FBI, "why did Taylor refuse to extradite the fugitive from the Philippines, despite his arrest and U.S. embassy legal attaches demanding his extradition otherwise he would be deported to Greece, his safe haven."

A November 22, 2018 Motion for Transportation to be provided by the Commonwealth of Virginia from Greece to Virginia was submitted to Henrico Circuit Court. The defendant Spanos based his motion on case law that required the HCCA to have him escorted by federal marshals back to Virginia to be present for his January 19, 2019 hearing. 

A December 07, 2018 order signed by Judge Lee A. Harris denied the motion for transportation, which was not objected by HCCA Shannon Taylor. 

The obvious question stands out, why did Henrico Circuit court Judge L.A. Harris deny the motion to transport a suspected drug dealer who allegedly was the hub of an organization that distributed more than 600 kilos of cocaine in the Richmond area?

The other big question is who is Shannon Taylor protecting, in refusing to bring the fugitive back to Virginia? With the new evidence presented, that three generations of HCCA knew that the  main witness "L" with her history of serious mental history and they intentionally hid the exculpatory evidence from the co-conspirators defense attorneys? 

A prosecutors duty is to see that justice is served, if a main witness proves to be not credible or has serious mental issues, then the defense attorneys must be informed as per exculpatory rules. 

HCCA Shannon Taylor will have to disclose at some point on the exact reason who she is protecting and why Henrico County does not want the alleged cocaine dealer to appear in Henrico County.




Saturday, April 21, 2018

International Fugitive Federal files suspiciously disappear

Henrico County Circuit Court and U.S. Attorney federal files go missing in International Fugitives case







High profile McGuire-Woods partners allegedly linked to the case of International Fugitive Nickolas Spanos corruption, as suspicions continue to grow in the missing Henrico County Circuit Court and U.S. Attorney federal files.


The missing files are related to federal warrants that had been issued for Nickolas Spanos on December 14, 1998 for Unlawful Flight to avoid prosecution. On December 05, 1998, a Multi-Jurisdictional Grand Jury issued 13 indictments for Nickolas Spanos alleging Conspiracy to Distribute Cocaine in the Richmond, Virginia area. 


Henrico County Commonwealth Attorney Howard Vick had requested for the U.S. Attorney office to issue the December 14, 1998 federal warrants for Unlawful flight to avoid prosecution. Nickolas Spanos had fled to Greece on November 28, 1998 after being tipped off by HCCA Howard Vick that a pending grand jury trial would target him and fellow associates.




HCCA Howard Vick never attempted an extradition request from Greece to have Nickolas Spanos brought back to be prosecuted for the 13 grand jury indictments despite a media battle between Vick and Spanos. Spanos claimed that "Vick was on a witch hunt and had no evidence except false witnesses", Vick had stated that Spanos was the hub of a cocaine organization that distributed more than 600 kilos of cocaine.


On April 15, 1999, three of Spanos's associates pleaded guilty to distribution of cocaine and testified against Spanos. HCCA Howard Vick refused to extradite Spanos from Greece despite Spanos challenging him in the media that the allegations against him are false.


In May 2000, HCCA Howard Vick resigned early from the HCCA position to join McGuire-Woods law firm on June 08, 2000. McGuire-Woods represented Nickolas Spanos and family members in multi-million dollar estate holdings.


Pacer case locater show that the federal case file was assigned to Magistrate Judge Dennis W. Dohnal on August 08, 2000, just two months after Howard Vick joined McGuire-Woods law firm.


Strangely enough on July 11, 2001, after 11 months, a government motion is submitted to have the December 14, 1998 federal warrant for unlawful flight to avoid prosecution dismissed. Why would a federal warrant for an international fugitive be dismissed if the grand jury indictments are still active? The HCCA at the time was Wade Kizer, who was Howard Vick's loyal successor after his resignation.



With no federal warrants appearing, Nickolas Spanos was able to renew his U.S. passport on September 15, 2006 at the U.S. Embassy Athens, Greece and remain off the radar of international law enforcement. 


In a previous blog, we covered on three generations of Henrico Commonwealth Attorneys avoiding to extradite international fugitive Nickolas SpanosREAD ARTICLE Avoiding to "extradite an international fugitive" leads to corruption


Recently, Nickolas Spanos Attorneys began to uncover further corruption in the Henrico County Commonwealth Attorney's office, as the entire Henrico County Circuit Court records of the federal warrants for Unlawful Flight to Avoid Prosecution were missing. The missing documents are:

  1. December 11, 1998, Complaint against Nickolas Spanos by HCCA Howard Vick.
  2. December 14, 1998, Federal warrant for Unlawful Flight to Avoid Prosecution.
  3. July 07, 2001, Motion by Henrico County Commonwealth Attorney's Office to dismiss the December 14, 1998 federal warrant issued against Nickolas Spanos.
  4. July 07, 2001, Dismissal order of the December 14, 1998 federal warrant.

Spanos's attorney question the Henrico County Circuit Court Clerk as to the missing case files, in which they answered "only the Henrico County Commonwealth Attorney's office have access to these files and it is highly irregular that files are missing"The present HCCA is Shannon Taylor.


Numerous requests were made to HCCA Shannon Taylor for Brady Materials but Shannon Taylor refused to give the Brady Documents, violating Spanos's constitutional rights. Read article on Is Henrico County CA Shannon Taylor deliberately sabotaging her case to protect the files of Commonwealth v. Spanos?


Spanos's attorney then contacted the U.S. Attorney, Eastern District of Virginia, Richmond Division, who ordered the Nickolas Spanos Federal file from archives. In an email to Spanos's attorney, they stated that there were no records/documents prior to 2007. The Federal motions, warrants and dismissals have now disappeared from the U.S. Attorneys Office in Richmond, Virginia. The U.S. Attorney's office is investigating the missing documents.


The obvious question is who has the most to gain by the 1998-2001 Henrico County Circuit Court  and U.S. Attorney's office federal files to disappear? The first suspect coming to mind is Nickolas Spanos, but he is located in Greece and had no access to both government agency files, besides it does not change the fact that 13 grand jury indictments are still active, thus it greatly rules him out.




The next alleged suspect would be McGuire-Woods partner Howard Vick, the cloud of suspicion grows darker as to the highly irregular actions of Howard Vick while he was the HCCA prosecuting Nickolas Spanos and his refusal to have him extradited despite having federal warrants issued for his unlawful flight. 




Howard Vick was negotiating his partnership with McGuire-Woods, managing partner Richard Cullen, during the investigation and grand jury hearings that indicted Nickolas Spanos on 13 counts of conspiracy to distribute Cocaine. If HCCA Howard Vick would have extradited Spanos from Greece and prosecuted him, it would have shut the door on his partnership with McGuire-Woods law firm. READ ARTICLE ON VICK REUNITED WITH CULLEN AT MCGUIRE-WOODS



Howard Vick worked for Richard Cullen before he was appointed Henrico Commonwealth's attorney when Cullen was U.S. Attorney for the Eastern District of Virginia.

Our next blog will focus on who is powerful enough to illegally purge the files of both Henrico County Circuit Court and the U.S. Attorneys Office, Eastern District of Virginia, Richmond Division.





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.