Report won't lead to charges in murder case

View larger image Jeffrey Washington Related Information PDF: Special prosecutor's report

Washington's father filed complaint alleging hearing transcript altered

By Alex Bridges -- abridges@nvdaily.com

WINCHESTER -- A special prosecutor won't press criminal charges after reviewing a man's murder case from 1994.

In a written report released this week, Orange County Commonwealth's Attorney Diana Wheeler says the evidence doesn't compel her to press criminal charges against anyone involved. Wheeler sent copies of her written report to Judge John E. Wetsel Jr. and Winchester Commonwealth's Attorney Alex Iden.

"I have reviewed all the circumstances potentially indicative of criminal activity and it is my opinion that there is insufficient proof to bring criminal charges," Wheeler states in letter to Wetsel dated Monday. "There is evidence that raises suspicion on certain points, but the evidence, taken as a whole, does not establish probable cause that criminal activity occurred.

"Without probable cause, the Commonwealth declines to seek charges."

Jeffrey Washington is serving a 70-year prison term for the August 1994 shooting death of Carlos Marshall. Washington's father, Franklin Washington, filed a complaint with the Winchester Police Department alleging that a court reporter altered the transcript of a preliminary hearing held in the case on Oct. 5, 1994.

Wheeler states she looked into forgery of public records, perjury and fraudulent misrepresentation as potential law violations

Iden received a copy of the report and released copies to the media on Wednesday.

"I think she did a very thorough job, very thorough and very complete," Iden said.

Wheeler cited information reviewed for her investigation that included transcripts of other hearings, police reports, witness statements, new interviews conducted by state police Special Agent Eric Deel, press clippings and notes prepared by the defendant's family and supporters.

Iden noted that the "suspicion on certain points" reference in part prompted his request for Wheeler to investigate the matter as a special prosecutor.

"Probable cause is the lodestar, is how we can do anything, and if there is not probable cause we can't bring ... criminal action," Iden said.

Retired Judge John R. Prosser, then an attorney, represented Jeffrey Washington, along with N. Randolph "Randy" Bryant, now a substitute judge. Paul H. Thomson served as Winchester commonwealth's attorney at the time but assistant prosecutor Marc Abrams represented the state during the preliminary hearing, according to Wheeler. She identifies the court reporter at the time of the hearing in question as LaNell H. Berger, then employed by Valley Reporting Agency, who signed the transcript Jan. 12, 1995.

Wheeler states the commonwealth cannot establish definitely that Amy Hoover testified at the hearing that Amy Ruble was present in the apartment during the robbery or the shooting, meaning the transcript was altered. Evidence collected during her investigation shows Berger did not type the transcript of the hearing and, therefore, the commonwealth cannot establish that she had the intent to alter the testimony, according to Wheeler.

Wheeler noted earlier in the report the recording of the hearing appears to be missing but also would have been purged from the court after 10 years.

"Probable cause does not exist to charge LaNell Berger with perjury because the Commonwealth cannot establish 1) either the falsity of the information or 2) that it was material," the report states.