Martinsville’s commonwealth’s attorney’s office has brought in a special prosecutor to take over an ongoing investigation into the city’s spending.
At their Aug. 26 meeting, city council members reaffirmed their decision to submit evidence relating to the investigation to the commonwealth’s attorney’s office.
“I believe firmly, and I’ve weighed the legal risk,” Councilmember Aaron Rawls said at that meeting. “The best way to prevent further risk … is to make this public. I will give you my word, if we cover this up, we’ll be right back here in six months with the same group of people.”
Rawls has been vocal about his support for a transparent investigation since council members voted to conduct a forensic audit into the city’s spending in late July. Over a week later, following an Aug. 7 closed session, they voted to fire City Manager Aretha Ferrell-Benavides and hand over information relating to the investigation to the commonwealth’s attorney’s office.
Despite the council’s decision, Commonwealth’s Attorney Andrew Hall said Monday that his office has had issues getting evidence and received a redacted report on the city’s spending from the firm Sands Anderson, which is providing legal representation to the city. The council recently voted not to release the report to the public, citing concerns of attorney-client privilege.
“I just can’t go to a judge and say that Sands Anderson said so,” Hall said. “I need that report, and moreover I need any evidence that you based that report on. As for me, it’s a non-starter otherwise.”
Hall said he decided to bring in a special prosecutor while going over evidence. He and his staff realized that their involvement in the case could be seen as a conflict of interest.
“When we started to get some documentation we said, wait a minute, there are some issues here,” Hall said. “Obviously I know everyone on council, at this point. I’ve known some of them for 20 years. I’ve worked with council. Rob Fincher is the acting [city] manager, he was the police chief, so obviously I had some conflicts there.”
On Monday, Councilmember Kathy Lawson said Hall discussed the referral with her and was reaching out to other members of the council. Mayor L.C. Jones and council members Julian Mei, Rayshaun Gravely and Rawls could not be reached Monday for this story.
A special prosecutor is an attorney brought in from outside a jurisdiction to conduct an investigation. Martinsville’s special prosecutor will take over the investigation into city spending from the commonwealth’s attorney’s office.
Hall said that moving forward, his office’s role in the investigation will be minimal.
Hall’s office filed the paperwork to request a special prosecutor on Friday. That person’s identity is currently being withheld to allow him time to familiarize himself with the case, Hall said.
Hall said that while he has not worked with this prosecutor in the past, he is confident about the impact he will have on the investigation.
“I know of this gentleman, I’ve never actually met him,” Hall said. “He has no ties to Martinsville, whatsoever.”
Hall described him as an experienced older prosecutor. He added that the prosecutor is already consulting with professionals who specialize in investigations.
Hall’s decision to hand the case over to a special prosecutor isn’t unprecedented. He said there have been several occasions in which his office referred a case.
