Delgaudio Asks For Attorney's Fees And to Seal Grand Jury "To Spare Others A Similar Ordeal"

FOR RELEASE
Date:Monday 9:00 AM July 21, 2014
Contact: Charles King, (703) 431-4389 (cell)

ATTORNEY FOR SUPERVISOR DELGAUDIO FILES MOTIONS

FOR ATTORNEY'S FEES AND TO RETAIN SECRECY OF GRAND JURY TRANSCRIPTS

On Friday, July 17, 2014, Charles L. King, attorney for Supervisor Eugene Delgaudio filed a motion for reimbursement for attorney's fees and costs incurred defending the removal petition filed by the Citizens of Sterling activist group.

A motion to retain witness testimony from the recent Special Grand Jury investigation, under seal, was also filed.

Brief In Support of Award For Fees at this link
http://www.joineugene.com/library/Brief_in_support_of_fees.pdf

Actual Motion to Award Fees and Seal Grand Jury
http://www.joineugene.com/library/motion_to_award_fees_and_seal_record.pdf

Motion for Fees

Commenting on the fee motion to be heard on Friday, July 25 at 2:00 p.m. in the Loudoun County Circuit Court before the Hon. Paul F. Sheridan, Charles L. King said:

"Where a removal petition is dropped or the elected official acquitted, the Code of Virginia allows the exonerated office holder to apply to the Circuit Court for reimbursement of the fees and costs incurred successfully defending the petition"

"Fees and costs are awarded in the trial judge's sole discretion. Only an award for contesting the removal petition is being sought. There is no request for payment for work done in connection with the Special Grand Jury."

"I've been asked: Why can't the petitioners, not the taxpayers, be ordered to pay Supervisor Delgaudio's legal fees?"

"The answer is the Virginia Code grants immunity to the signers of a removal petition from being ordered to pay fees. By statute, the body in which the official serves must pay any fees ordered."

Describing the arguments he intends to make, King said: "I will cite the prosecutor's opinion there was a lack of probable cause to proceed and Supervisor Delgaudio previously incurred fees defending himself against a Special Grand Jury Investigation for which he was not charged."

"Given the unusual nature of this case, I believe the $34,503.64 requested is reasonable."
Commenting on the beginning of the removal petition drive months before the Special Grand Jury report was publically released, King said: "The Citizens of Sterling should have read the Special Grand Jury report before they started collecting signatures. If they had, they might have decided to spare the taxpayers the expense of a defending this frivolous petition."

The Proceedings of the Special Grand Jury

Commenting on Supervisor Delgaudio's decision not to seek public release of the transcripts of testimony from members of the Board of Supervisors, current and former staff, King said: "I needed the transcripts to prove to the Board that Supervisor Delgaudio had been falsely accused and should have his office budget restored. Since the Board voted to restore his office funds, I do not need permission to openly cite the transcripts."

"The transcripts should remain under seal because of derogatory comments made by several Supervisors. There were unkind words said about other current Supervisors, former Supervisors, Republicans, Democrats, one person who is deceased, two people in very poor health, people who have moved away and members of the community who have no relationship to this investigation. One Supervisor in particular made a number of allegations."

"Were these comments released, the persons mentioned would have little or no ability to defend themselves against irrelevant, unsubstantiated, probably untrue, allegations."

"To the extent he can, Supervisor Delgaudio wants to spare anybody else the ordeal he has endured. There is no point in hurting those who have no information pertinent to any of the allegations made in the removal petition. For this reason, the transcripts should remain under seal."

END OF STATEMENT