The trial of Greene County Commissioner of the Revenue and his son, originally slated for this week, has been postponed until after the new year.
Commissioner Larry Snow, 70, is accused of using a computer to gather identifying information that exceeded his authority as a constitutional officer. He allegedly distributed that information to his son, Bryant Snow, 30, who was in Central Virginia Regional Jail at the time.
On June 12, Bryant Snow’s attorney John Maus filed a motion to suspend the deadline to file pretrial motions due to the fact that “there may be additional motions unknown to either defense at the time” if a motion to remove current special prosecutor Ray Fitzgerald was granted.
The motion to disqualify Fitzgerald, Orange County deputy Commonwealth’s Attorney, came after the defense alleged ex-parte communication between Fitzgerald and Judge Dale Durrer. On April 5, Fitzgerald requested information in the general district proceedings of the case. Judge Durrer granted the motion without hearing arguments from both parties. On April 11, Judge Durrer recused himself from the case on recommendation from the Judicial Inquiry and Review Commission.
Retired Judge Humes J. Franklin Jr. was appointed to take over the Snow case. Judge Franklin heard arguments on June 25 on whether Fitzgerald should remain special prosecutor.
“When there is such enmity on the part of the prosecutor towards the defense counsel, there can be no confidence that a defendant can receive a fair trial untainted by the bias of the prosecutor,” said Janice Redinger, one of Larry Snow’s attorneys, said in court documents. As of June 25, Bruce Williamson Jr. will also represent Larry Snow.
On July 3, Judge Franklin denied the defense’s motion to disqualify Fitzgerald from the case.
Judge Franklin set a new deadline of Aug. 16 for all motions to be filed in the case, with responses due Sept. 1. A pre-trial motions hearing will be held Nov. 15 in Greene County Circuit Court. The trial of Larry and Bryant Snow has been pushed back to Jan. 6-10.
Both men are facing two felony counts of obstructing justice and one felony count of identity fraud in Orange County. The elder Snow is also facing nine felony counts of using a computer to gather identifying information in Greene County. The trial will be held in Greene County Circuit Court.