Newport News is trying to stop media from attending court hearings that otherwise would be open.
This time it's not for a Newport News officer who was charged with murder but for a man who is accused of the murder of a Newport News officer in early 2013.
It all began when Vernon E. Green II, a lawyer charged with second-degree killing in the January 2020 murder of Officer Katherine M. Katie Thyne, filed an early August motion asking for certain evidence to be removed from Greens trial.
On Aug. 12, Edward Webb, Newport News Public Defender, and Dennis Guthinger, Senior Assistant Commonwealths Attorney, filed a joint motion requesting that media are barred from attending hearings regarding that evidence.
They claim that media should be excluded as it is a high-profile case and that allowing the media to cover the proceedings would be detrimental to Green. This could lead to public hostility towards Green.
This coverage is not in the public interest. It can only lead to circumstances which will hinder justice and prevent Green from getting a fair trial.
Lawyers argue that Circuit Court judges can expel anyone from any court hearing if they believe their presence will hinder the conduct of a fair hearing. However, the rights of the accused to a trial in public shall not be compromised.
Webb and Guthinger, in other words, want to kick the media out of the hearing while allowing the rest of us to stay.
Webb would like to exclude evidence such as that Green is a felon, that he was on probation in a previous case, that he was convicted of a federal gun offense pertaining to the incident, that he was currently on bond for a North Carolina bank robbery conviction when he attempted to flee from officers and that a cooler bag that was found near his car after the fatal accident contained large amounts of cash.
The majority of this information has been made public.
Continue the story
The Daily Press and The Virginian-Pilot reported that Green was released on bond for the 2016 armed burglary charge.
Green, who was also on probation in a 2003 case for cocaine possession out of Newport News, was also reported by the newspapers. He also had other charges.
The fact that Green pleaded guilty in federal court to the gun charge in the case of officer death has been widely reported by The Pilot, The Daily Press and other media outlets.
Three news releases were issued by the U.S. Attorneys Office for Eastern District of Virginia highlighting the arrest, guilty plea to marijuana and the resulting 10-year sentence in prison.
One unreported fact in the motion to exonerate evidence is that the cooler bag found outside Greens' car following the fatal crash contained not only Greens identification but also substantial amounts of cash.
The motion suggests that some of the cash in the cooler may have been connected to another Charlottesville bank robbery, although the details are still unknown.
Webb refused to elaborate on why he didn't want the media present at the hearing, especially since most of the information was already reported.
Webb stated that it was a joint motion they both accepted. It was a joint effort to preserve the integrity of any future juries.
Guthinger said that he also shared the view that cameras should not be allowed in the courtroom during pretrial hearings.
Guthinger for his part would not go into detail. I joined the public defenders office on the request, but I'm not going to comment about an ongoing case.
Howard Gwynn, Newport News Commonwealths Attorney, did not return a call for comment.
In a Newport News court case involving a Newport News officer, earlier this year, both the press and the public were prohibited from attending a hearing.
A Suffolk outside prosecutor requested that a judge close the bond hearing for Sergeant. Albin T. Trevor Pearson is accused of murdering Henry K. Berry III at his home in late 2019. Judge Margaret Poles Spencer also agreed and sealed all documents related to the hearing.
The Daily Press, The Virginian-Pilot and The Virginian-Pilot appeal this decision to Virginia Supreme Court. They claim the ruling is improper and seek access to the sealed documents.
The First Amendment gives the media the right to attend court proceedings under U.S. Supreme Court precedent and Virginia Supreme Court precedent. This can only be revoked in very limited circumstances.
The Supreme Court has suggested alternatives to closure such as questioning jurors in the jury selection process to see if they are fair in their deliberations.
The Sixth Amendment guarantees that the accused will be tried in public. This has been taken to mean that the hearings related to the case can also be open. Public hearings are intended to not only protect the rights of defendants but also instill confidence in the justice process.
Circuit Court Judge Christopher Papile was to preside at Monday's hearing on the evidentiary hearing as well as the motion to bar media from attending. Green demanded a replacement for Webb, claiming that Webb's lawyer had a conflict of interests in the case and that he has not provided adequate representation.
I will not discuss any matter of my case with Mr. Webb," Green said in an email to court on Aug. 10 telling Papile that the public defender hadn't kept him fully informed about the proceedings.
Greens request was rejected by Papile, who said he had not heard anything that would justify Webb being removed from the case and promised to continue with the hearing to exclude evidence.
Guthinger asked for a postponement of the hearing in order to give him time to respond to Webb's motion to exclude evidence. Guthinger stated that he believed the hearing would not go ahead because Webbs request for a different lawyer was made.
Papile agreed that the hearing would be delayed until September 3.
In June, Green was charged with second-degree murder as well as failing to stop Thynes's accident that resulted in Thynes' death.
According to court documents, Green was in a car parked on 16th Street when Thyne (another Newport News officer) questioned him about his use of marijuana.
After a third officer, who was watching the parking lot via a remote camera, reported that Green and a female passenger were smoking pot, officers approached Green.
Thyne tried to arrest Green but Green suddenly pressed the gas pedal, court documents state. Thyne, then 24, was left trapped between the driver's side door and the car frame.
Thyne was pinned by Thyne's door as the car collided with a street sign 400 feet away. The car struck Thyne and Thyne, leaving her motionless on the streets.
She was the first Newport News officer to be killed in the line of service in over 25 years.
Webbs motion argues that the incriminating evidence should be excluded from the trial to ensure fairness.
The Commonwealth is expected to seek to present some or all the objectionable evidence to try to show Greens motive to avoid any further encounters with (the officers), Webb wrote to Webb in the motion to exclude evidence.
Webb said that although this evidence may give an inference about Greens motive, it is not worth the risk that the evidence could prove prejudicial or create in the minds the jury an unfounded presumption that they are guilty.
Green is currently being held at Hampton Roads Regional Jail. He could face up to 71 year imprisonment for the Newport News charges. The North Carolina bank robbery case is still pending.
Peter Dujardin, 757-247-4749, pdujardin@dailypress.com
