By Alex Bridges -- Daily Staff Writer

WINCHESTER — A Winchester Circuit Court reporter altered transcripts from Jeffrey Washington's 1995 murder trial, according to a lawsuit filed recently by the man's father.

As of Thursday, two circuit court judges had recused themselves from hearing the case because of their involvement in the original trial.

Washington's father, Franklin Washington, appeared Thursday before Judge John Wetsel Jr. in Winchester Circuit Court, acting as his own legal counsel. His lawsuit alleges alterations to court transcripts removed a fifth witness to the murder — a woman the senior Washington claims is identified in notes taken by his son's attorney during the case.

The lawsuit, filed by Washington in the city court June 25, names Linda Logan and Lanell Hockman as defendants and identifies both as employees with Valley Reporting Agency of Front Royal.

But attorneys for the defendants, who also appeared in court Thursday, argue Washington's suit lacks standing in court, and that the complaint is barred by a statute of limitations.

Washington, who has been actively working to clear his son's name for 14 years, claims to have suffered "unprecedented damages" as a result of the alleged altering. He is seeking $1 million in damages.

"Upon plaintiff's realization that a material witness had been erased from the scene of a murder and the court transcripts maliciously altered, plaintiff realized that there existed a sick, organized group of persons manipulating the court system — orchestrating from behind the scenes, an outcome so diabolical that it defies human dignity," the lawsuit states.

Jeffrey Washington is serving a 67-year prison sentence for murder, plus three years for a related firearms charge, stemming from the Aug. 16, 1994, shooting death of Carlos Marshall during a robbery in Winchester. He entered an Alford plea on the second day of a jury trial Feb. 28, 1995, meaning that he did not admit guilt outright but agreed that prosecutors had enough evidence to convict him of the crimes beyond a reasonable doubt.

The sentence handed down in 1995 by Wetsel also included 10 years each for conspiracy to commit burglary and conspiracy to commit robbery, 20 years for burglary and robbery against Harvey Trent, 40 years for robbing Marshall and five years for wearing a mask, according to court records.

Judge John Prosser entered an order of disqualification Aug. 22 stating that he recused himself from hearing the case because "prior adversarial contact and litigation and bar complaints (all unfounded) with Franklin Washington make it impossible for me to be fair and impartial in this or any case involving Franklin Washington."

Prosser and J. Randolph Bryant served as co-counsel for Washington's son. Prosser ordered that the case be heard by Wetsel.

According to Washington's lawsuit, Hockman "deliberately changed the total number of people in the room [in which the murder took place] from five to four. In so doing, a witness to a murder, Amy Ruble, was wiped clean from the court record and made non-existent."

Washington cites notes taken by Prosser during a preliminary hearing Oct. 5, 1994, which he obtained March 18 this year. Information from the notes "was not known by the plaintiff prior to March 18, 2008, and just came to light at that time."

The plaintiff continues to allege mishandling of court reporter tapes and records in the case, noting that a transcript of a Feb. 13, 1995, hearing remains missing as does most of similar document from an Aug. 22, 1995, hearing involving Zahrain Washington, identified as a material witness in Jeffrey Washington's trial. The lawsuit states that the tapes and transcripts from the latter case not only are missing from Valley Reporting Agency but also the Winchester Circuit Court clerk's office and the offices of former city Commonwealth's Attorney Paul Thomson and Prosser.

H. Edmund Coleman III, in a motion to dismiss filed July 17, states that the complaint was filed on behalf of the senior Washington alone.

"Valley Reporting owed no duty to the plaintiff," the attorney states.

The defense argues that statute of limitations requires that action for personal injury of emotional distress and an action for damages resulting from fraud be brought within two years after the cause of action occurs.

In a response to the defense motion, Washington states that he exercised due diligence and only discovered the alleged alteration of the transcripts after he saw Prosser's court notes.

Wetsel told the plaintiff and defense attorneys on Thursday that he would have to recuse himself from hearing the case. Another judge in the 26th Judicial Circuit or another part of the state likely would have to be chosen by the chief justice of the Virginia Supreme Court, Wetsel said.

* Contact Alex Bridges at abridges@nvdaily.com