Exonerated: York County Commonwealth's Attorney Cleared of Ethics Charges

Strategic Insights -

A three-judge panel in Virginia exonerated York County Commonwealth's Attorney Eileen Addison last week, dismissing charges that she improperly coached a witness in a capital murder case. The case centered on the prosecution of Darryl Atkins, who was sentenced to death in 1998 for the murder of Eric Nesbit. Atkins' case twice went to the U.S. Supreme Court and led to a landmark decision that prohibited the execution of mentally retarded defendants. Allegations of improper witness coaching emerged after a circuit judge commuted Atkins' sentence to life in prison.

Key Takeaways:

  • The three-judge panel found no evidence to support charges of wrongdoing by Addison, dismissing the ethics charges against her.
  • The dismissal comes despite allegations by Leslie P. Smith, an attorney for Atkins' co-defendant William Jones, that prosecutors staged an off-the-record reenactment of the murder to help Jones present testimony that would not conflict with physical evidence from the crime scene.
  • Addison denied any improper witness coaching, claiming that she was being made a scapegoat amid complaints of ineffective prosecutor discipline.
  • Virginia State Bar Counsel Edward L. Davis acknowledged that the charges were certified by a subcommittee of the Sixth District Committee and that all relevant documents and briefs were provided to the judges in advance of the hearing.
  • Corinne J. Magee, president of the Virginia Association of Criminal Defense Lawyers, expressed disappointment with the presentation of the VSB lawyers and noted that the bar lawyers called Addison as part of their case, allowing her lawyer to elicit favorable testimony.
  • The VSB will continue to seek discipline when appropriate and has an obligation to investigate and prosecute misconduct by attorneys.

Statistics:

  • 1998: The year Darryl Atkins was sentenced to death for the murder of Eric Nesbit.
  • 2002: The year the U.S. Supreme Court held that a mentally retarded defendant cannot be subject to the death penalty.
  • 31 August: The scheduled start date for the three-judge hearing in the ethics case against Cathy E. Krinick, Addison's former assistant.
  • 1 day: The duration of the Addison hearing, which concluded with the judges granting a motion to dismiss.
  • 3 judges: The number of judges that presided over the Addison hearing, including Richmond Circuit Judge Richard D. Taylor Jr. and Senior Virginia Court of Appeals Judge Jean Harrison Clements.
  • 2 assistant bar counsel: The number of prosecutors who brought the ethics charges against Addison, Marian L. Beckett and M. Brent Saunders.

Sources:

  • Vieth, P. (No date). "Panel Exonerates York County Commonwealth's Attorney Eileen Addison." No publication date mentioned.
  • Davis, E. L. (No date). Quoted in Vieth, P. (No date). "Panel Exonerates York County Commonwealth's Attorney Eileen Addison."
  • Magee, C. J. (No date). Quoted in Vieth, P. (No date). "Panel Exonerates York County Commonwealth's Attorney Eileen Addison."
  • Leffler, R. G. (No date). Quoted in Vieth, P. (No date). "Panel Exonerates York County Commonwealth's Attorney Eileen Addison."
  • Smith, L. P. (No date). Quoted in Vieth, P. (No date). "Panel Exonerates York County Commonwealth's Attorney Eileen Addison."