A motion seeking disclosure of discovery was filed last week in Greene County Circuit Court in the case involving a Greene County supervisor charged with felony theft for allegedly farming hay on vacant county property for personal gain.
Janice Redinger, attorney for Monroe District Supervisor David Cox, 62, filed the motion on Oct. 15 seeking the disclosure of specific items of discovery. Additionally, Redinger asks the court to allow the defense to view and copy the special grand jury transcript, as well as eliminate the restrictions on the use of the investigative report.
Redinger was granted a copy of Cox’s testimony in August, but not a full transcript from the special grand jury that was empanelled to investigate potential illegal farming in Greene County in March. Richard Eppard, 55, of Stanardsville was also charged with felony theft, though he did not testify before the special grand jury.
Redinger notes she has reviewed the investigative report and noted that of the 17 witnesses, 11 had no personal knowledge of the case.
“The special grand jury returned an indictment, prepared by the commonwealth’s attorney, for grand larceny despite there being no reliable evidence in support thereof included in the investigative report,” Redinger stated in her motion. “Based on information and belief, these allegations were first reported by a member of the community who is politically motive to harm the defendant and who has political connections to the commonwealth’s attorney, who ran the special grand jury and conducted all of the questioning of the witnesses. Any political or improper motive for bringing these charges should be disclosed to the defense as possible bias evidence in accordance with paragraph 2 of this court’s order entered Aug. 19.”
A special grand jury is a rarely used tool to investigate whether a crime has taken place. The Virginia state code specifies that a special grand jury will consist of not less than seven and not more than 11 members.
Hardin said he is not at liberty to discuss special grand jury proceedings at all when reached for comment.
A judge is expected to hear arguments at a motions hearing at
1 p.m. on Tuesday,
Oct. 29 in Greene County Circuit Court.
Cox and Eppard are scheduled to be tried together in Greene County with a two-day jury trial set to begin on Dec. 16. They are charged with farming hay on property near Dairy and Watson roads in Greene County. Tax maps note the property as a
200-acre property, also the proposed Ruckersville location for a 900 million-gallon reservoir as part of the Greene County Water Supply and Treatment Project, formerly called White Run Reservoir.