Virginia Beach Commonwealth’s Attorney Harvey Bryant has something to be mad about.
At issue was a person accused of indecent liberties, a felony, who pled guilty. At the sentencing, the Judge allowed the accused to change the guilty plea without even hearing from the victim.
From Bryant’s press release:
At what was scheduled to be the sentencing hearing of Melina McPherson for taking indecent liberties with a minor in Virginia Beach Circuit Court today, the Court denied the victim the opportunity to express her feelings and views. The now 28 year old victim had driven to Virginia Beach from New Hampshire over the weekend in order to be present and to make a statement to the Court regarding the sentencing hearing and the plea agreement. Today was the fifth time this victim has traveled from New Hampshire in connection with the prosecution of Stephen and Melina McPherson.
Commonwealth’s Attorney Harvey Bryant asked the Court twice if it would allow the victim to exercise her statutory rights under the Crime Victim and Witness Rights Act. That Act provides in part:
“In recognition of the Commonwealth’s concern for the victims and witnesses of crime, it is the purpose of this chapter to ensure that the full impact of crime is brought to the attention of the courts of the Commonwealth; and that they have the opportunity to be heard by law enforcement agencies, attorneys for the Commonwealth, corrections agencies, and the judiciary at all critical stages of the criminal justice process to the extent permissible under law.”
The Court refused to hear from the victim.
One day: guilty. Next day: Uhmmmm…….
On September 2nd when McPherson pled guilty, she was placed in custody. By phone the next day, the Court, over the Commonwealth’s objection, advised that it was releasing McPherson from custody. At that hearing on September 2nd, the Court said it “would honor the plea agreement”. Today however, without giving the victim the opportunity to address the Court, the Court rejected the plea agreement.
