01/05/2016 11:19AM FAX S409810867 SET ABC 0002/0031 VIRGINIA: IN THE CIRCUIT COURT OF PULASKI COUNTY COMMONWEALTH OF VIRGINIA) ) v, ) Case Nos. CRIS.568 ) CRIS.569 ASHLEY JENNIFER WHITE ) CRI5.704 MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION FOR CHANGE OF VENUE COMES NOW, the Defendant, Ashley Jennifer White, by counsel, and files this ‘memorandum of law in support of her Motion for Change of Venue. INTRODUCTION Section 19.2-251 of the Code of Virginia permits, on motion of the accused or the Commonwealth, a change of venue when it is necessary to ensure «fair trial, Evans v. Commonwealth,161 Va. 992, 1003 (1933). When a defendant cannot receive a fair trial in a vicinage because of adverse publicity, however, the Due Process Clause of the United States Constitution requires a change of venue. Rideau v. Louisiana, 373 U.S. 723 (1963). The purpose of a change of venue is to accord litigants a fair and impartial trial. Newcomer v. Commonwealth, 220 Va. 64, 67 (1979). “The theory of our {trial] system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print." Patterson v. Colorado ex rel. Attorney General of Colo., 205 U.S. 454, 462, (1907). Criminal defendants have an especial right to be tried in « forum “free of prejudice, passion, excitement, and tyrannical power.” Sheppard v. Maxwell, 384 U.S. RECEIVED 1 DEC 29 2015 coh PED PULASIG COUNTY GRoUTT MAETTA H. Snewe ooT04/05/2046 11:13AM FAX 5409810467 WSET ABC & 0003/0031 333 (1966). ‘A motion for change of venue faces the presumption that a defendant can “receive a fair trial in the jurisdiction where the offense occurred.” Thomas v. Commonwealth, 263 ‘Va. 216, 230 (2002). A defendant can overcome this presumption by establishing that the feeling of prejudice on the part of the citizenry is widespread and is such that would be “yeasonably certain to prevent « fair trial.” Mueller v. Commomwealth, 244 Va. 386, 398 (1992) (quoting Stockton v, Commonwealth, 227 Va. 124, 137 (1984). ‘When considering evidence of community prejudice besed on pretrial publicity, widespread knowledge of the case alone is insufficient to overcome the presumption. Thomas v. Commonwealth, 263 Va. 216, 230 (2002). A substantial amount of media coverage will likewise not, in and of itself, support a change of venue if the coverage is fait and accurate, Jd. at 231. However, a substantial amount of news coverage that is inaccurate, inflammatory, and tends to incite prejudice within the community can produce a “trial that} would be deemed inhereatly lacking in due process.” Jd. at 232.In addition to the volume of publicity, factors identified as relevant in determining the impact of pretrial publicity on the defendant's ability to obtain a fair trial are whether the publicity is accurate, temperate, and non-inflammatory, and the timing of the publicity.” i. Generally, it will be necessary fora trial court to attempt to seat the jury prior to ruling on @ motion to change venue, Jd. Nevertheless, there are circumstances in which the pretrial publicity “involves such a probebility that prejudice will result that itis deemed inherently lacking in due process, and the defendant is not required to establishon/ 15/2018 11:19AM FAK 5409810467 WET aBC @ co04/o0at identifiable prejudice.’ Wansley v. Commonwealth, 210 Va. 462, 468-469 (1970) (quoting Estes v. Texas, 381 U.S. 532, 542-543 (1965). ‘Even if an impartial jury is eventually selected, difficulty in selecting that jury can show that the entire process is infected with so much prejudice that the defendant cannot receive a fair trial, Thomas, st 232. Indeed, so dangerous is the subconscious and conscious effect of pervasive pretrial publicity on a potential juror's mind, that when pretrial publicity approaches the saturation level, courts must disregard prospective {jurors’ assurances of irapartility and presume prejudice, See Mu’Min v. Virginia, 500 US. 415, 429-30 (1991) (recognizing that when pretrial publicity is pervasive within a ‘community, a “juror’s claims that they can be impartial should not be believed” and voir dire is an inadequate curative). See also Sheppard, 384 U.S. at 355; Estes, 381 US. at 551; Rideau, 373 U.S, at 727; Irvin, 366 U.S. at 722-723. ‘The defendact, Ashley White, cannot receive a fair trial in Pulaski County due to the continuous barrage of bighly inflammatory media reports thst far exceed the standard of “fair and accurate” coverage. Additionally, the widespread prejudice among Pulaski ‘County residents, most readily demonstrated on several social media pages, indicates a community obsessed with the conviction and punishment of Ms. White. The community bas been so “warped by passion or prejudice that there is a danger of the jury being influenced by the opinions and prejudice of the public, and not entirely and exclusively by the evidence, in reaching a verdict.” Muscoe v. Commonwealth, 87 Va. 460, 462 (1891). Further, the small size of Pulasid County, combined with the circumstances of the charged offenses, predict that a jury free from bias cannot be selected and that sucb a jury cannot be easily selected,01/95/2016 11:19AM Fax 5409610467 SET ABC @ 0003/0031 L VOLUME AND NATURE OF PRETRIAL PUBLICITY A. Residents of Pulaski County Have Been Continuously Exposed to Hundreds of Media Reports Regarding Defendant and the Alleged Victim On March 22, 2015, Noah Thoms, age five, was reported missing from his home in Doblin, Virginia. A four-day search of the area surrounding his home followed, conducted by over one thousand professional searchers and hundreds of local volunteers. On March 26, 2015, Noah Thomas’ body was recovered from the septic tank of his family's home. A funeral for Noah Thomas was held on April 2, 2015. On April 3, 2015, the next day, Ms. White was arrested for two charges of Child Abuse and Neglect, one alleging Nosh Thornas as the victim. On June 10, 2015, Ms. White was charged with Felony Murder for allegedly causing the death of Noah Thomas. That charge was ultimetdly dismissed on August 12, 2015, at « preliminary hearing in the Juvenile and Domestic Relations District Court of Pulaski County. ‘According to the United States Census Bureau's 2010 census, Pulaski County has @ population of 34,872. Pulaski County is served by two major news stations: wosI7! and WSLS10, two major newspapers: The Southwest Times” and The Roanoke Times’, and multiple radio stations, including WVTF Talk Radio, and WFIR. In addition to print articles, the Southwest Times and the Roanoke Times operate Facebook pages and offer online articles on their respective websites. Similarly, in addition to broadcasts, WOBJ7 and WSLS10 operute Facebook pages and publish online articles that often include video * WDBHT broadcasts to 13,630 households in Pulaski County, The Southwest Ties averages a daily print readership of 17,000. The newspaper's website averages '50,000 visits per month. Every story that appears in print is also posted on the Southwert Times’ website. > The Roenoke Times averages a weekday print readership of 55,747 and an average Sunday readerakip of ‘73AST. The newspaper's website, oapoke.com, averages 1,729 page views per sory 401/05/2016 11:13AM FAX 8409810467 WSET ABC @ 0008/0031 newscasts. Fecebook users are able to comment either directly on the online stories, or to the media outlet’s Facebook page. ‘The media coverage surrounding the initial disappeerance of Noah Thomas was extensive, Four days elapsed from the date Nosh Thomas was reported missing to the date his body was recovered. During that time period, WDBU7 sired twenty-five broadcasts reporting on details of the search, often featuring pictures of Nosh Thomas. WSLS10 sired twenty-nine broadcasts while Noah Thomas was considered missing, and the Roanoke Times published five articles from the date of his disappearance up until the discovery of his body, four of which were featured on the front page. The Southwest ‘Times published six articles during the same four-day period. Between March 27, 2015, and April 1, 2015, news outlets reported information about funeral arrangements and the eventual service, and speculated on the timeline of autopsy results. WDBI7 aired twenty-seven broadoasts describing vigils held in memory ‘of Noah Thomas and providing details on the funeral for “Little Noab.”* WSLS10 aired thirty-four broadcasts with similar content. The Roanoke Times published four articles, three of which appeared on the front page. Begioning with Ms. White’s arraignment on April 3, 2015, the four major news outlets in Polaski County provided extensive coverage of every court appearance by Ms. White, ond her co-defendant, Paul Thomas. WDBI7 has devoted a total of fifty-four brosdcasts to court appearances of Ms. White and her co-defendant. WSLS10 has aired 102 broadcasts describing court appearances. The Roanoke Times has published twelve articles summarizing court appearances, nine of which have appeared on the front page. *Wabj7.com averaged 7,628,022 page views from January through October (with August removed) and daring thot same time period, averaged 1,245,255 unique users. 5 WDB Mornin: (WDBIT television broadcast Apr. 29, 2015). 501/08/2016 11:14AM FAX s409610467 WSET ABC & 0007/0031 In total, WDBJ7 aired 137 broadcasts and WSLS10 aired 213 broadcasts involving Ms. White, her co-defendant, and/or Noah Thomas. The Romoke Times printed twenty-nine articles, twenty of which eppeared on its front page, and the Southwest Times printed thirty-six articles. B. The News Reports Go Beyond Dispassionate Reporting and Contain Insecarate Information 1. Multiple News Reports Suggested Foul Play in the Death of Noah Thomas, Creating a Popwlar Narrative of Flic When Noah Thomas” body was discovered, the majority of news reports informed the public thet no one had yet been charged in his death.“ Nevertheless, the news outlets suggested the presence of criminal activity before any arrests were made. On March 27, 2015, on its front page, the Rosnoke Times quoted the uncle of Noah Thomas saying “You don’t get into a septic tank by accident, Someone’s going to pay.”” Ina Spm broadcast that same day WDBJT reporter Orlando Salinas reported that police had received a “hard, credible tip that they needed to look inside the septic tank.”* This information was repeated on several WDBI7 broadcasts, and on its Facebook page until ‘April 2, 2015, when they revealed in & broadcast that law enforcement had never received tip to look inside the septic tank.” On March 27, 2015, WDBI7 further elicited the opinion of ¢ sanitation specialist who speculated that itis “highly unlikely a child would be able to remove a lid, whether it’s cement or plastic.” On April 2, 2015, during a 6pm broadcast, WDB7 reporter Orlando Salinas says he’s been “told by one Jaw enforcement * See WDBIT Evening News, Spe, 6pm (WDBIT television broadcast, Apr. 1, 2015). Cameron Austin, Body of Noah Thomas found near his hore, THE ROANOKE TIMES, Mat. 27, 2015, atl 1 See WDBIT Evening News, Spm (WDBIT television broadcast, Mer. 27, 2015). » See WDBI7 Eveaing News, Spa (WDBIT television brondcast, Apr. 2, 2015), 601/95/2018 11:14AM FAX 5409610467 WSET ABC 0008/0031 officer, most of the time when a child is missing or has been abducted there is a family connection.” Mr. Salinas ends his report by telling viewers that the parents of Noah “Thomas “have not been charged at all in their son’s murder.” After Mr. Salinas’ report concludes, the WDBI7 anchor quickly corrects Mr. Salinas pointing out that itis not yet clear whether Nosh Thomas was murdered." On April 30, 2015, the headline on the ‘Roanoke Times read “Slain boy’s dad to remain jailed”? Merriam-Webster Dictionary and common understanding defines “slain” as “to kill violently, wantonly, or in great numbers.” Again, a news outlet determined that the death of Noah Thomas was a killing, reinforcing the narrative thet someone was criminally culpable. In reality, the manner of death of Noah Thomas wes never determined. In addition to the inaeourate and confusing initial reports regarding Nosh ‘Thomss’s manner of death, there was also extensive coverage of the Felony Murder charge brought against Ms. White on June 10, 2015, The Roanoke Times featured a story on its front page June 11, 2015.'? WDBJ7 aired six broadcasts with reports specifically dedicated to the sourder charge. WSLS10 sired nine broadcasts detailing ‘the murder charge and its maximum sentence. “The public responded to these reports, expressing pleasure over Ms. White’s eventual arrest, and hope that she would receive the maximum sentence, which many mistook to be the death penalty. Nancy Cannady Tinsley commented on WDBI7’s online ticle, ",..you are a sack of crap. I hope if you dou’t get the death penalty that the ° WDBI7 Evening News, 6pm (WDBI7 television brondcost, Apr. 2, 2015). 3 WDBIT Evening Nows, 6pm (WDBYT television broadcast, Apr. 2, 2015). Cemneran Austin, Slain boy's dad to remaln jailed, THE ROANOKE TIMES, Apt. 30,2015, «Al. » Cameron Austin, Mother chorged with homicide, THE ROANOKE TIMES, Jan. 11, 2015, Al. 7o1/ 5/2016 11:14AM FAX 5409810467 WSET ABC @ 0009/0031 inmates in the prison find out what you have done and make your life « living hell, just like it was for poor little Noaht!”"* Lesa Smith commented, “I am 99.9% sure teh [sic] murder charges are coming” while Cindy Odum Hicks agreed that Ms. White murdered. ‘ber son, commenting: she should have thought about ‘being the topic of conversation around the dinner table’ before she neglected, abused, and ‘murdered’ this sweet boy! ‘You WILL rot in Hell maam [sic] and will be the topic for many months to come. You two should save yourself some ebarrasment [sic] and confess to the murder." Many expressed frustration that Ms. White was not charged with the murder of Nosh. ‘Thomas from the beginning. “Why hasn't the mother been charged with murder? Neglect ‘and abuse charges are not heavy enotigh. She murdered that little boy when she placed him in that septic tank.”"” In response, Megan Culhane Bordenave informs the previous poster, “Rhonda, the CHARGE OF MURDER will be added when the Grand Jury convenes...itis just normal procedure. It could be a FELONY 61!!""* These comments ‘are representative of the responses to online articles following Ms. White’s arrest and arraignment, with many expressing their hope that Ms, White would be tortured. I SAY FIND A SEPTIC TANK ABOUT HALF FULL AND 20 FT. TALL AND PUT BOTH OF THEM IN IT ALIVE (WITHOUT SHOOTING THEM UP WITH HERION [sic]) AND TAKE A CAR AND Comment on: David Kapaa, Noah Thomas’ porenis arraigned; next hearing is August 12 (lat modified ‘Apr 3, 2015) < hut /wrw.sedbj7.coms/news/iocalparents-of noah-thomat-to-be-wraigned-friday- ‘orig through-video-uptink/32171790> Taxa Smith, Comment to David Kaplan, Noah Thomas’ parents arraigned; next hearing i August 12 (ast modified Apr. 3, 2015) < htp/orws.wdbj7.com/news/ocal/perens-of-noah-thomas-to-be-araigned- Siday-morning-tvough-video-upliak/32171790> * indy Odurn Hicks, Commmect to David Keplan, Noah Thomas’ parsnts arralgned: next hearing it Auguat 12 (ast modified Apr. 3,2013) ‘Fonda Heles, Comment to David Kaplan, Noah Thomas’ parents arraigned; next hearing ls August 12 (ast modified Apr. 3, 2015) < htp.//wwry. wb 7.conn/newslocal/parents-of-nosb:-thomat-to-be-erragned- {fiday-moming thsough-video-uplisk/32171790> *" fogan Culhane Bordenave, Comment to David Kaplan, Noah Thomas’ parenis orralgned: next hearing ‘2 August 12 (ast eaodifid Ap. 3, 2015) 01/05/2016 14:14AM FAK 5409810487 WSET apc @ 0010/0031 PARK THE TIRE RIGHT ON TOP OF THE LID AND LEAVE THEM IN ‘THERE FOR 4 DAYS. LET THEM SUFFER DOWN IN THE CRAP TIL ‘THEY D-FE........R.LP. SWEET NOAH” In response to the above comment, Penny Cheek says “also let the public line up to use the bathroom on them, like they probably did that morning!!!1!""° In a Facebook post on March 27, 2015, WDBS7 featured a story with the headline “Pulaski Co. sheriff confirms death of Noah Thoms; no one in custody."”" While some posters cautioned against immediately blaming Ms. White, others provided parenting advice and judgments on her character, Alexis Aliff commented, “I know people parent different [sic] but in MY OPINION you are a.crappy mom if you go back to sleep letting a curious child roam free." Brandon Akers comments, “All fault falls on mother for not ‘watching her kid," while Bonnie Rodriguez. suggests her fellow Facebook users should be lesa quick to pass judgment: “I know our minds want to blame someone, otherwise we would have to admit this could happen to us. What if we are wrong?’ Many Facebook commenters prayed that Noah Thomas did not go into the tank alive.” The narrative enforced by news outlets and social media had created only two © Pegay Ferris, Comment to David Kaplan, Noah Thomas' parents arraigned; next hearing is August 12 (last modified Apr. 3, 2015) < btp//worw.wdbj7.con/sews/local/parents-of-nosh- thomas-to-bo esreigned-friday-morning-through-video-uplink/32171790> ™ Peony Check, Comment to David Kaplan, Noah Thomas’ parents arraigned; next hearing is August 12 (last modified Apr. 3, 2015) < http://wevw.wdbj7.comnews/locaV/parents-of-noah- thomas to-be-arraigned-iday-morning,through-video-uplink/32171790> 2 WDBIT Facebook, Pulaski Co. sherif confirms death of Nook Thomas; no one i in custody (last smolified Mer. 27, 2015) 2 Alexis Aff, Comment to Pulaski Co. sheriff confirms death of Noth Thomas; no one isin custody (last ‘modified Mar. 27, 2015) +B Brandoa Akers, Comment 10 Pulteki Co. sheriff confirms death of Noah Thomas; no one isin custody ust modified Mer. 27, 2015) ‘Boanie Rodriguez, Comment Pulaski Co. sheriff confirms death of Nosh Thora; no one isin custody (ust modified Mar. 77, 2015) “I sincerely hope the tte tyke wes aot alive when he was throws In the septle taal; “I hope the poor baby was already dead before he was put in that tank!” 901/05/2016 11:14AM FAX 5409510467 WSET ABC @ oo11/003 explanations for the death of Nosh Thomas: either someone murdered him by putting him into the septic tank, or he was murdered and then placed in the septic tank. Many ignored the possibility that his death was accidental. Karla Shepherd commented, am sickened by the way this precious litte boy was discarded es if he was a piece of shtit!! I pray that these sick excuses for parents and humans get the death peaalty & raade to pull their time at the bottom of the Prison’s septic, system!! RIP NOAH)! JUSTICE WILL BE DONE FOR YOU!!* ‘This comment was made on April 3, 2015, the day of Ms, White's exraignment, and before any evidence had been presented in her case. When the murder charge was dismissed on August 12, 2015, online commenters directed their rage towards the Juvenile and Domestic Relations District Court Judge. The following comments are representative of the online xeaction to the dismissal: ‘+ “L.would bet all Ihave this judge is a liberal” » “How in the world do you get a REDUCTION in charges when he obviously was alive when he was put in the septic tank?” ‘= “Ifthe court doesn’t /can't'won't give them what they deservo, let’s all pray that their future fellow inmates in the big house gives it to them.” = “the judge needs to be removed from the case and one brought in from a different state that will not allow these fools to ever see the light of day again” © “them and the judge should bum in hell” “the judge that dismissed the charge of murder should recuse himself from this ‘case because he Definately (sic] docsn't want Justic [sic] for Noah” “The largest volume of information regarding the death of Noah Thomas was released at the preliminary hearing oa August 12, 2015, However, es demonstrated in the comments above, very litte of that evidence was actually considered in the realm of social media. > Karla Shepherd, Comment to David Kaplan, Noah Thomas’ parents arraigned; next hearing is August 12 (ast modified Apr. 3, 2015) ® Comments on Justin Ward, More details emerge of Noah Thomas’ death, Pulaski community reacts (last modified Aug. 13,2015) «< http://www. wdbj7.com/news/local/more-detail-emerge-of-noah-thomas-death- pulsski-community-reacts/34685338> 1001/05/2016 11:14AM FAX 5409810467 WSET ABC @ 0012/0031 “The community bad already decided on Ma. White's guilt end that decision was based on faulty, inaccurate, and guilt presumptive media reports and online speculation. 2. News Coverage of Four Bail Hearings Revealed Information to the Public ‘That Is Highly Prejudicial and Misleading, and Is Likely To Be Inadmissible at Trial, Ms. White and ber co-defendant appeared before Juvenile and Domestic Relations District Court Judge Loftin on April 15, 2015 for bail bearings. Multiple news organizations were present at both hearings. At each bail hearing, ‘the Commonwealth's ‘Attoméey alleged that the co-defendant admitted to weekly marijuana use, and prescription drugs and marijuana were found in Ms. White’s home, The Commonwealth's Attomey also proffered that Ms. White's 6 month-old daughter bad “fairly serious respiratory issues” and was removed from the home by Social Services. ‘The Commonwealth's Attomey's proffer of evidence, which was heavily reported on, ‘also contained admissions by Ms. White and her co-defendant that may not be admissible at trial”? ‘After evidence and arguments were presented at Ms. White’s bail hearing, Judge {Loftin commented thet “putting her ia a house with a child is unthinkable at this point.** Social media users applauded the denial of bail, with one commenting, “Hell is waiting on these two... They should be put in septic tank and DIE!’ Another user, Nita Sexton, % Camaro Austin, Nools Thomas’ mother lores 2% bond motion, THE ROANOKE TIMES, Apr. 22,2015, aR. See Cameron Austin, Child’s parents denied bond, THE ROANOKE TIMES, Apr. 16,2035, st A1; Noah Thomas" parents dented bond, admit 10 leaving children home alone (last aodified Apr. 16, 2015) < hhnp.//weroredly}7 cora/nevwsIoce) fther-of-noch-thomnas-denied-bond-mother-due-o-€our- a ‘apr. 16,2015) < bmp wb 7.comvne ws/Iocafather-ofnoth-thomas-denied-bond-mother-e-o- ‘courtat-1-pan/32380440> fT01/05/2016 11:15AM FAK 5409810487 WSET ABC 9013/0031 demands a more violent death for Ms. White: “I say pump their cells full of sewage water and let them breathe it". Both Ms. White and her co-defendant appealed the denial of bail to Pulaski County Circuit Court. Ms. White's hearing was held on April 20, 2015. At the bearing, the Commonwealth's Attomey referenced a pending toxicology report as “critical evidence,” leaving many to speculate as to whether drugs were a factor in Noah ‘Thomas's death. On April 29, 2015, during Paul Thomas’s eppeal, the ‘Commonwealth's Attorney stated that medical records revealed Ms. White's infant daughter was born with Neonatal [Abstinence Syndrome, meaning she was “exposed to addictive opiate drugs while in the mother’s womb.” Again, Facebook users responded aggressively, Theresa Moore suggested, “{tJhe judge should give him and her death now. Just like they did Noah. Flush them both”. Dan irwin agreed, saying, “[t]bese low life piece of shits need to be dipped in the sewer for 4 days straight til close to death and then on the S® day drown them in shit” Some Facebook dissidents attempted to remind their fellow posters of the importance of due process. Stephanie Batts replies with, “[t]hey don’t deserve a damn 7 Nita Sexton, Commmeat on Noah Thomas’ parents denied bond. admit to leaving children home alone (lest modified Apr. 16, 2015) 2° Cameron Austin, Noch Thomas’ mother again danied bond (ast modified Apr. 21, 2015) < hitpu/werw.roanoke,com/news/erime/palask}_county/nox-thonmas-mother-aguin-denied- bonderticle_ cibde?16-f1d8-5356-0fe6-$5d15ee20142.btm\> * pond appeal danted or father of Noah Thomas, (last modified Apr. 29, 2015) < Intp/iwwre wd 7.com/news/locaV/ew river-valleyifather-of-noah-thomas-to-teek-bond-on- wedneaday/32633726> Theresa Moore, Corament on Band appeal denied for father of Noah Thomas, (lest modified Apr. 29, 2018) < htp:!/worw. web} 7.comlnews/local/aew-river-valley/fater-of-noah-thomas-to-seck-bond-on- ‘wednesday/32633726> 36Dan Irwin, Comment oa Bond appeal denied for father of Noah Thomas, iat modified Apr. 29, 2015) < Ihnp:/fwwrw.s#dbj7.comt/newa/locaUnew-river-valley/father-of-nosh:-thomas-to-seek-bond-on- wedncaday/32633726> 1201/05/2016 11:15AM FaX 5409610067 WSET ABC @ 0014/0031 due process, They deserve a hanging.”*” Facebook users expressed frustration with the appeals process, with Judi Huffinan questioning, “how many appeals did litle Noah get?” Others speculated on a sinister motive for the appeal, with one user asking, “Is there something they gotta [si] finish before the cops find ie”™* “The constant mention of drugs, from the roarijuana found in the home to the alleged Neonatal Abstinence Syndrome did not go unnoticed in the social media realm, Dorothy Bobbitt comments, “[slo, they were on drugs, that's y (sic) they left the children at home alone, or did one of them kil the child, I'm hearing so many different things”. 3. Additional Prejudicial and Inflammatory Character Information Regarding Mo. White Was Published and Wil Likely Be Found Inadmissible On April 2, 2015, the Roanoke Times posted an online article titled “After arrest of'Noah Thomas’ parents, Commonwealth's Attomey ssys “our job is far from over. a ‘On April 3, 2015, the same article was posted on its front page with the headline “Nosh ‘Thomas’ parents jailed day after burial.” This article contained information on the relationship between Ms. White and Tara Munsey, the victim of an attempted rape and ‘murder that occurred in Januaty, 2000, The article includes quotes from Ms. Munsey's father who recalled Ms, White assisting in the search of his daughter. The ultimate prosecution of Ms. Munsey's murderer, Jefirey Thomas, generated such a large amount 2 Stephanie Busts, Corameat on Bond appeal donled for father of Noah Thomas, (last modified Apr. 29, 2015) < hetpwww edb. com/aews/localinew-river-valley futher-of-aoah-thomas-to-seck:-bond-on- wednesday/32639726> >» Comment on: Bond appeal denied for father of Noah Thomas, (last modified Apr. 29, 2015) < itpyievarw. el, com/news/locaU/now-river-valley/futher-of-aosh-thomas-to-seek bond-on- ‘werdneaday/32633726> > Dorothy Bobbit, Comment on . “© Cameron Austin, After arrest of Noah Thomas” parents, commonealth's axtorney says “our jobs are far “from over, (ast modified Apr. 2, 2015) 2 Cemeron Austin, Police were colled to hotel rcom, THE ROANOKE TIMES, May 7, 2015, at Al. Cameron Austin, Noah Thomas case: Police were called fo hotel room of parents (last moditiod May 6, 2015) < hit /ww.roenoke.com/news/crime/noah-thomas-case-police-were-calledto-hotel-room- flarticle_ 2ebOcef-4196-5423-$e16-<73b21"426 bom l> Bethany Teague, Police called to horel room where parents of Noah Thomas stayed (lax: modified May 7, 2015) < hep fwels.cow/2015/05/07/police-called-to-hotel-where-pareats-of-nodh-thomas-stayed/> 14one ADL wy vuaweuuss ‘The advent of social medie and the intemet has catapulted already negative and pervasive coverage to an unprecedented level in Pulaski County. Social media has impacted the Noah Thomas investigation from the beginning, gamering several comments from public officials cautioning against online rumors and speculation.* On March 29, 2015, WDBJ7 posted an online article titled “Family wrongly targeted in social media backlash.” The article references a “vulgar Facebook post” referencing ‘Nosh Thomas that had gone viral. In response to the Facebook post, users began sharing what they thought was the poster’s home address in Radford, Virginia. The address was shared three thousand times. The address did not belong to the person who had mede the initial Facebook post, rather, it belonged to Roni Boswell, a Radford University student and mother of a three year-old son, who was recently diagnosed with cancer. Ms. Boswell and her family were forced to flee their home because of the harassment that ensued. Jn the wake of Noahs disappearance and death, several memorial pages have been created. “Noah Thomas our ‘Small Town Angel”” has 20,927 “likes” and is : deseribed as “a place to grieve the loss of Noah Terry Thomas and celebrate his 5 years on this carth.”"* The page features collages and pictures dedicated to Noah Thomas’ memory, The tser comments on the page are gencrally focused on preying for Noah ‘Thomas and preserving his memory. + See Melinda Williams, Authoritex not gtving up on Nook (last modified Max. 26, 2015) < ‘wap /iworw southwesttimes,com/2015/03/authorities-nol-giving-up-on-noaly>; Sbanc Dwyer, Community pitching in o help search for Noah Thomas (lat roodified Mar. 25,2015) < bitty: Nrve. db 7.com/newa/local/seerch-for-Sycarold-noah-thomas-entery-third-day/31988010>; ‘Cameron Austin, Search for boy baffles ofcials, THE ROANOKE TIMES, Mer. 26, 2015, at Al. ‘© Shane Dwyer, Family wrongly targeted in social media backlash (last modified Mat. 30, 2015) < bitp:/werw web} 7-cor/news/local Srwly-wrongly-tergetec-in-noah.-thomes-socil-media- ‘beckdash/32079740> “See Noah Thomas our ‘Semall Towa Angel” -. 1501/05/2016 11:15AM FAX 5409610467 WSET ABC f@ 0017/0031 “Justice for Children Without Voices In Memory of Nosh Thomas” is a Facebook page with 7,208 user “likes” and its adrninistrators describe themselves as individuals “who arc here to speak up for (©) children who's [sic] voices have been gone too soon.” ‘The page was “made in memory of Nosh Thomas and all the children of abuse and neglect.” This page is focused on punishing individuals whom the online mob labeled as child abusers. The page often features inflammatory graphics such as the bead of Noah Thomas photo- shopped on the body of en angel, a superhero, a firefighter, Buzz Lightyear, and other popular children’s figures. The page also features multiple graphics of Ms. White clad in shackles or a bulletproof vest. © Those who participate on the page are often violent and threatening. The following are some representative examples: = “They should have a court house hanging”** “Kill that bitch!" '* “Casey Anthony all over again” © See Justice for Children Without Voices -chatpsworw facebook com/IusticeF orChildrenWithoutVoices/ref-s> » Sao juste for Children Without Voices - 1 See Justice for Children Without Voices weve. facebook. conn/JusticeForChildrenWithowtVoices)fef=t> Seg Justice for Children Without Voices _chmmpsuferwrw facebook com/JusticeForChildrea Without Voices!tfref-ts> 16O1/U9/ ZULU 11:15AM FAX 5409810467 ae @ 0018/0091 “Poor little Noah didn’t deserve any of this. He was killed and then thrown into a septic tank. His life was stolen from him by evil monsters.”** “Bet the monsters still look better than PRECIOUS NOAH DID LYING IN A SEPTIC TANK I ASK OUR LORD FOR FORGIVENESS... BUT | HATE ‘THESE NONSTERS [sic] WITH A PASSION... WANT THEM DEAD AND ANYBODY INVOLVED, nl LOVE YOU NOAH THOMAS.....” “Let me get a hold of them Itt! I beat them both have [sic] to death and make ‘them cat their own S*** !!! I can't stand common trash and low life good for absolutely nothing and has no right to continue to breathe! 1! What kind of monsters could abuse a child?? I wish all the worst and most pai ‘on these so called people for as long as they both livel! !!! NO MERC’ “Bring back the death penalty {!! It worked in the past ! Also not years on death row , make it rapid & save taxpayers $$ ! Also , might make MURDERS [sic] think twice !"” “PUT THEIR ASSES IN A SEPTIC AND COVER IT UPII!! That's not good enough FLY HIGH NOAH” On December 14, 2015, the page posted that Ms. White had filed a motion to change the ‘venue in her case. Users responded in disgust: “Fair, bub?? Where is Little Nooh's "fair"??? She needs to face this full force, face on, in the town/county in which she KILLED our ‘Sweet Noeh!!” “She needs to die like her son did, Social services takes kids from ppl [sic] who DONOT deserve for their children to be takin (sic] but u {sic] worried about a baby killer getting a fair trail?? [sic] SMH... Only in Pulaski.” “No wayll Her rights?? What about Nosh and his siste’s rights to have good parents Jove and protect them.. If the public had our way we would ang them both! How's that for the rights to get justice for Noah?” “That lawyer oughta {sic} be ashamed of herself. . Pulaski Co cps isn't fair.. But the people of Pulaski are good folks and she shouldn't make such generslizations” 7 Sea Justice for Chilren Withovt Voices -ctutp: rw: facebook. cor fusticeForChildrenWithoutVoices/Mreft> $e Justice for Children Without Voices < 5 Seu istice for Children Without Voices See Jace for Children Without Voices - 9 Se jusice for Children Without Voices - * See Jaatice for Children Without Voices - ® See hutice for Children Without Voices - 5 See Onty Salinas . 1801/05/2016 11:18AM FaX 5409810467 WSET ABC “trashed.”® Mr. Salinas questions whether the Pulaski County taxpayers are responsible for covering the cost of the alleged damage to the hotel room. In another post on May 7, 2015, Mr, Salinas says he has “confirmed through lew ‘enforcement sources NOT authorized to speak with journalists, that the prescription painkillers seized from the home of the parents of #NoshThomas [sic] during the course of the investigation, were liquid vials of methadone.” Mr. Salinas alleges that Ms, ‘White's daughter is being “fostered by a family with experience caring for children bora with addictions.” Mr. Salinas goes on to describe a “not uncommon practice whereby adults on a prescribed methadone treatment program, will dip their finger into the viel of liquid methadone and wipe that finger inside the mouth of crying child.” Mr. Salinas applies this purely hypothetical scenario to the death of Noah Thomas and fabricates possible explanation. “Sources with intimate knowledge, say the scenario of either Paul ‘Thomas or Ashley White inserting their finger ~ knowingly laced with an uncertain amount of liquid methadone — into the mouth of their son Nosh is being strongly considered." Mr. Salinas’s Facebook followers respond fo this post with comments such as, “Iiked your reporting always truthful,” and “excellent reporting Orly!” Again, the posts are especially dangerous because while Mr. Salinas has the Facebook following of a former reporter, he is not bound by journalistic standards. DB. EMOTIONAL INVOLVEMENT OF PULASKI COUNTY RESIDENTS ‘The media coverage attests to the significant emotional interest that residents of Pulaski County bave in Ms. White’s case. Hundreds of Pulaski County residents * See Orly Salinas. © See Only Salinas . 19 @ 0020/003191/03/2016 11:16AM FAK 5409810467 WSET ABC @ oo2s/ooa1 ‘contributed their time and energy to searching for Noah Thomas during the four-day period when he was missing.“ Following the discovery of his body, several vigils were held in his memory. Three months after Noah Thomas's death, community menabers gathered for « balloon release in celebration of his sixth birthday. In an online article titled “Community gethers to remember Nosh Thomas’ birthday,” WDBI7 quoted one attendee who said, “I'm happy that he is probably enjoying (what) is probably the first birthday he’s ever enjoyed."** On October 17, 2015 a 95 mile bike ride was held in memory of Noah Thomas, Dozens of riders attended, and $2,500 was raised in support of NRV Cares, a group whose aim is to prevent child abuse. Tickets were sold where the ride began: the Pulaski County Sheriff's Office.” WI. POTENTIAL FOR VIOLENCE. IfMs. White’s trial is held in Pulaski County, the Court should have concems regarding the safety of Ms. White. When Ms. White was transported on August 12, 2015 from the New River Valley Regional Jail to the courthouse in Pulaski, jail officials put Calvin Pym, Commanity vohiteers turn out to find missing boy (lest modified Mar. 27,2015) < Imp ew southwestimes.com/2015/03/community-veluntees-tun-out-0-Gud-missing-boy> See Bric Jackson, Candleligh vigils held for Nooh Thomas, (ask modified Mar. 25, 2015) my fhwslscomv2015/03/25/cendlclghtvigils-held-for-noah-bomas/; Justin Wand, Commnity mowras oak Thomas during vigt Thursday night (lst modified Mac. 27,2015) <; Bland Co. community set to hold prayer vigil for Noah Thomas; (lat modified Mar. 24, 3015) ; Duke Carer, Daven emend vigil in Radford to remember Noak Thomas (lest modified Mur, 30,2015) “tps. coun/2015/03/30/dozen»-aend-vigi-in-radford-40-remember-noah-thomas?>; Shane Dwyer, Commoity still coping with news of Noah Thomas death (ast modified Mer. 28, 2015) , Shane Davyer, Community gathers to remember Noah Thomas birthday (lest modified Jun, 26,2015) < up://or wd 7.com/news/local/conemunity gathers to-remember-noah-thomes-bithday/33804664 © Rie Stewart, Fundraiser held in honor of Noah Thomas (ast modified Oct. 17, 2015) < bp: for. sdbj7 comnows/oce/fundraiser-held-in-honor of naah-thoraas/35901736> 2001/05/2016 11:16AM FAK 5409810467 WSET ABC i 0022/0033 her in « bulletproof vest, demonstrating an obvious concer for ber safety, Additionally, social media users have made the same observation. When Ms. White's co-defendant appealed his denial of bail, Jeanette Cockram Chaffin commented on WDBJ7’s Facebook post ‘fhe was to get out we may have Baltimore right here in our community I pray they are wise in this decision...Really don't mean to imply the people of our community are thugs though. There are just s000 {sic} ‘many angry, disgusted people over this. Several comments indicate confusion about why Ms. White or her co-defendant would want to get out of jail, because they were safer in custody. Another poster, Benny Garrido, shared a picture of a noose being tied.” Regarding Ms. White's bail attempts, Shirley Linkous commented “she better hope she don’t get out. ['m sure soma one [sic] cout here is waiting on her.””" While it may be tempting to dismiss Facebook comments as idle threats, or as only slightly mentally disturbed individuals who will remain hidden behind their ‘computer screens, recall the story of Roni Boswell and her family. The Boswell family was forced to flee their home after the address was shared on social media. ARGUMENT ‘The publicity surrounding Ms. White's case is so extensive and inherently prejudicial that “the trial proceedings should be deemed tainted.” United States v. Church, 217 F.Supp.24 696 (W.D. Va 2002). Itis highly improbable that any resident of Sea WDB7 Facebook, * Sex WDBJT Facebook ” See WDB7 Facebook, 1 Shirley Linkows, Coraraent on Chris Hust, Judge: No bond for mother of Noah Thomas (last modified ‘Ape, 21, 2075) < hitp:/uverw. wd 7.comnewi/local/mother-of-nosh-thomas-to-appeal-bond- sdenial32426680> a01/09/2016 11:16AM FAK 5400810467 WSET ABC ig 0023/0031 Pulaski County is unfamilier with the rumors, speculation, and widespread hatred ‘surrounding Ms. White's case that are ovidently taken as truth. While in some circumstances it may be reasonable to believe that a prospective juror could set aside any prejudices held regarding the case, the emotional involvement of the ‘community combined with the pervasive media coverage makes selecting an impartial jury in Pulaski County impossible. ‘The evidence presented at the bail hearings held for Ms. White and her co- defendant was extremely prejudicial, bore no relevance to the issue of bell, and is unlikely to be admissible at trial. The ‘Commonwealth, having chosen to feed the flames of public bysteria over this case, must bear the consequences of this tactic. We think that the [State] is put to a choice in this matter: Ifthe [State]... chooses to... [generate] damaging publicity ‘rejudiciel to a person awaiting trial on « pending indictment, then the [State] must acoept the consequence. Delaney v, United States, 199 F. 107, 114 (1st Cir, 1952). ‘The court need not speculate as to whether the coverage tends to incite prejudice or passion in the community. Social media demonstrates a community that is warped by its desire for perceived retribution, one tbat is incapable of remaining unbiased in the face of continuing media reports and speculation fueled by social media. The Pulaski County ‘community's emotional response fo Ms, Whits’s case creates the concer that community ‘members, eager for a conviction, may circumvent the voir dire process to carry out what ‘they may perceive as the will of the public. Even those members of the public who wish to be fair and impartial might fear negative social consequences if they did not convict Ms, White. 2YA/¥9/2UL0 LL: 26AM FAR 5408810467 SET ABC @ oo2s/ooan Undoubtedly, the consequences of an acquittal in Pulaski County would weigh heavily on any juror’s mind. Socis! media lows the public to voice their threats in a ‘manner that would influence even the most unbiased juror. ‘One reason threats are more menacing on the Intemet is their ability to reach a much larger and more widespread audience. Town criers are no longer constrained by the Volume of their voice, Before the Internet, it was difficult for a speaker’s message to spread throughout a smal] community, much less to the rest of the world. Now, the same message posted on a web page is available twenty-four hours a day, seven days a week in almost any country in the world,” Even if a juror honestly believes she can objectively hear the evidence before trial, she may come to fear “returafing} to [her] neighbors” with anything other than guilty verdict. Estes, 381 U.S. at 545; see Turner, 379 U.S. at 472. Empirical evidence on the subject of jury bias confirms the effect of community pressure on jury verdicts, Defined as “conformity prejudice,” these. studies show that “when the juror perceives that there is such strong community reaction in favor of a particular outcome of trial he or she is likely to be influenced in reaching a verdict consistent with the perceived community feelings rather than an impartial evaluation of the trial evidence.” Jurors should not be asked to face harassment and threats of violence if they acquit Ms, White. An acquittal by the jury should not be an act of bravery. This principle ‘was illustrated by the trial of the individuals accused of the Oklaboma City bombing. The istriot court in that case recognized that community pressure can adversely affect the 7 seott Hammack, The Internet Loophole; Why Threstcaing Speech On-line Requires a Modification of the Courts’ Approach to True Threats snd Incitement, 36 C OLUM. J. & § OC. P ROBS. 65, 81(2002). ® See Nell Videaar, Case Studies of Pre-and Midtral Prejudice in Criminal and Civil Litigation, 26 L. & HUM. BEHAY.73, 81-82 (2002). Id. 81-82. 23ability of individual jurors to act impartially when “there is such identification with a ‘community point of view that jurors feel a sense of obligation to reach a result which will find general acceptance in the relevant andience.” United States v. McVeigh, 918 F.Supp. 1467, 1473 (W.D. Okla, 1996). When there is a strong community reaction in favor of a particular outcome — as there was in the Oklahoma case, and as there is in this case — jurors fee! compelled to reach that result, notwithstanding their promises to the contrary. IV. The Prejudice Cannot Be Rebutted Through Voir Dire Voir dira is an inadequate cure for the widespread prejudice and pervasive vitriol on social media swrounding Ms. White’s case. The Supreme Court has long and consistently held that » change of venue is required when “the community and media reaction” is “so hostile and so pervasive as to make it apparent that even the most careful voir dire process would be unable to assure an impartial jury.” Flamer v. Delaware, 68 F.3d 736, "754 (ed Cir. 1995). That is, when “adverse pretrial publicity” combines with the “added pressure” of « “buge wave of .. public passion” to create an “atmosphere commuptive of the trial process,” the Supreme Court “will presume a fair tril could not be held, nor an impartial jury assembled.” Mu'Min, 500 U.S. at 448-50 (Kennedy, J, dissenting). Since that is precisely what has occurred here, votr dire can no longer be expected to perform its ugual function of securing a fair and impartial jury. See Mu’Bin, 500 U.S. at 429-30; Patton, 467 U.S. at 1031-33, 1040; Sheppard, 384 U.S. ot 362-63; Estes, 38] U.S. at S50- 515 Rideou, 373 U.S. at 726-27; Irvin, 366 U.S, at 725-28. In Irvin, although each juror committed to impartislity and fairness during voir dire, the Supreme Court analyzed the popular news media surrounding the trial and the 2491/08/2018 11:17AM FAX 5409910407 SET aBC 0026/0031, ‘2,738-page voir dire record to fest the accuracy of the jurors’ assertions of faimess. The ‘Supreme Court determined there was a clear and convincing “build-up of prejudice” in the media. [d. at 725-27. Therefore, the court held that the promises of jurors during voir dire could not be believed. Id. at 727. While Jrvin may be understood as a case addressing actual prejudice of particular jury, the Supreme Court generalized the presumed prejudice rule in Rideau. In thet case, the Supreme Court beld that “only a change of venue wes constitutionally sufficient” to ensure “an impartial jury,” because the jurors’ community “had been exposed repeatedly and in depth to the prejudicial pretrial publicity there involved.” Groppi v. Wisconsin, 400 U.S. $05, 510-11, (1971) (describing Rideau). The defendant in Rideau gave a filmed confession to murder, which was broadcast on local television stations. 373 U.S. at 723-25. The Supreme Court presumed potential jurors were prejudiced by the publicity, and therefore reversed the convictions “without pausing to examine a particularized transcript of the voir dire” to see whether it actually produced impartial jurors, Jd. at 727. The Supreme Court did so even though voir dire showed thet 4 small percentage of jurors (only 3 of the 12) had seen the broadcast; none of the 3 “testified to holding opinions of defendant's) guilt”; and all three claimed they could “give the defendant the presumption of innocence” and “base their decision solely on the evidence.” Id at 731-32 (Clark, J., dissenting). However, the Supreme Court explained: “Any subsequent court proceedings in a community s0 pervasively exposed to such = spectacle could be but a hollow formality.” Jd. at 726. 2501/05/2016 11:17AM FAX 8409810467 WSET ABC @ 0027/0091 V. Jury Instructions Are An Inadequate Remedy Judicial adraonitions to disregard pretrial publicity are frequently suggested as sufficient ‘to counter or mitigate the damaging effects of that publicity. In reality, instructions from 4 judge to ignore pretrial publicity in high-profile cases do not affect verdicts or the Propensity of jurors to contest references to pretrial publicity during jury deliberation.” Ina study of whether voir dire could work effectively when nearly everyone in the community had been exposed to pretrial publicity, the authors concluded that “reliance ‘on standard cautionary instructions as a remedy for prejudicial pretrial publicity appears to be unwarranted."”* Justice Jackson recognized half a century ago thet “{t]he naive assumption that prejudicial effects can be overcome by instructions to the jury ... all practicing lawyers know to be unmitigated fiction.” Krulewilch v. United States, 336 U.S. 440, 453 (1949) (Gackson, J., concurring). Nowhere is this more truc than under circumstances of presumed prejudice, when a barrage of constant and hostile media coverage is likely to soake judicial instructions ineffective at best, and counter-productive at worst. CONCLUSION Itis in the best interest of justice to remove the case to another county within, ‘Virginia pursuant to § 19,2-251 of the Code of Virginia to preserve Ms, White’s right to a fair tial, “While both victims and society have an interest in punishing those individuals ™ See Geoffrey P. Kramer, Nocbert L. Kerr, & John S, Carroll, Pretrial Publicity, Judletal Ramedtes, and fury Blas, V4 1, de HUM, BEHAV, 409, 430 (1990). > Kramer, ef al, 14 L. & HUM, BEHAV. At 430, See also Minow and Cate, 40 AM, U.L. REV. at 628. (Cthere hes not been a single study which indicates that judicial instructions limit the effect of jury bias: Kerr et ol, 40 AM. U.L. REV. at 675 (“Judiclal admonitions bad no effect oa individual jurors or jury verdies.") 2601/05/2016 11:17AM FAX 5409810467 WSET ABC @ 0028/0031 ‘who violate our criminal statutes, no one’s interests are served when the process by which a defendant is found guilty is not above suspicion. The fairness of a criminal proceeding cannot be sacrificed because of the heinousness of a crime charged, the apparent guilt of the offender or the station in life in which [the defendant] occupies.” Thomas, 263 Va. At 233 (citing Irvin v. Dowd, 366 U.S. 717, 222 (1961)). A change of venue provides the only method of avoiding the appearance and reality of unfaimess created by the impact of pretrial publicity and prejudice in the community. An effort to seat an impartial jury in Pulaski County would be futile, and nothing more than a “hollow formality.” Rideau, at 726. For the foregoing reasons, Ms. White respectfully requests that this Court enter an Order changing venue in this case. Respectfully submitted, Ashley Jennifer White By: OF Co Kelsey M. Bulger, Esq. ‘Virginia State Bar #87352 Office of the Public Defender 58 North Weshington Ave, Suite 200 Pulaski, VA 24301 540-994-5008 (voice) 540-994-5020 (fax) ea01/05/2016 11:17AM FAX 5409810467 WSET ABC 0029/0091 CERTIFICATE T certify that a copy of this request was mailed, faxed, or hand-delivered to K, Mike Fleenor, Jr., Esq., 240 North Jefferson Avenue, Pulaski, VA 24301, this 2S day of December, 2015 ) reat Bulger, Es 2801/05/2016 11:37AM FAX 5408810487 RSET ABC @ 0030/0031 TABLE OF AUTHORITIES Delaney v. United States, 199 F.2d 107 (InCir, 1952) . 2-20 Estes v. Texas, 381 US. 523, 85 S.Ct 1628, 14 L.Ed.2d 543 (1965)... 22,3, 21, 22 Evans v. Commonwealth, 161 Va. 992 (1933)... eee eee eee Flamer v. Delaware, 68 F.3d 736 (3d Cir. 1995)... 2 Groppi v. Wisconsin, 400 US, 505, 91 8.Ct. 490,27 LBd.2d 571 (1971)... ec ceeeceeeeeeeeeeeeetee ee MD Irvin v, Dowd, 366 U.S. 717, 81 S.Ct. 1639, 6 L.Ed.2¢ 751 (1961)... ee +03, 22, 23, 24 Krulewitch v. United States, .. . 336 US. 440, 453 (1949) Mueller v. Commonwealth, 244 Va, 386 (1992)).. Mu'Min v, Virginia, 500 U.S. 415, 111 $.Ct. 1899, 114 LEd.2d 493 (1991) .. Muscoe v. Commonwealth, 87 Va. 460 (1891) ).... Newcomer v. Commonwealth, 220 Va. 64 (1979)... Patterson v. Coloraio ex rel. Attorney General of Colo, 205 US. 454, 27 8,Ct, 556, 51 LBd. 879 (1907)... ees cveeeeceeeeeennene ee Patton v. Yount, 467 U.S. 1025, 104 $,Ct. 2885, 81 L.Ed.2d 847 (1984) .. -22 Rideau v. Loutsiana, 373 US, 723, 83 S.Ct. 1417, 10 L-Bd.2d 663 (1963) .. ++ 1,3,22, 24 Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507, 16 L.Bd.2d 600 (1966) .....-... 1,3,2201/05/2016 11:17AM FAX 5409810407 WSET ABC Stockton v. Commonwealth, 227 Va, 124 (1984) ).... Thomas v. Commorvealth 263 Va. 216 (2002). United States v. Church, 217 F.Supp. 24 696 (W.D. Va. 2002) ). United States v. McVeigh, 918 F.Supp 1467 (WD. Okla. 1996)... 2-2. United States v. Turner, No, 09-00650 (E.D.N.Y. Oct. 5, 2009), 2009 U.S. Dist, LEXIS 13144... Wansley v. Commonwealth, 210 Va. 462(1970) . @ 0031/0031