Chief District Judge Albertson poised to hear Henry bond arguments

Michelle ‘Missy’ Henry continues to wear jailhouse garb pending a third date for her bond hearing this Tuesday, July 23. However, she will remain housed at RSW Jail until that hearing, rather than be returned to the Manassas jail she was transferred to on June 25. Photo RSW website

Former Front Royal-Warren County Economic Development Director Michelle “Missy” Henry had a second bond hearing continued Friday, July 19. Henry appeared with co-counsel Ryan Nuzzo and David Hensley near the end of the 9 a.m. morning docket at 12:07 p.m. The hearing was over at 12:10 p.m.

Judge William W. Sharp reaffirmed his recusal from all EDA matters, then continued Henry’s bond hearing to Tuesday, July 23, on the morning docket. Sharp indicated that 26th Judicial District Chief Judge Bruce D. Albertson would be present to hear arguments at that time. As chief presiding district judge Albertson is responsible for naming a substitute judge to hear EDA civil and criminal cases in the wake of Judge Sharp’s recusal and Judge Clifford L. Athey’s move away from circuit court duties as he prepares to take a seat on the Virginia State Appeals Court on September 1.

Sharp submitted a written recusal on July 12, citing what might be called “small-town syndrome” – a personal or professional familiarity with many involved parties either named as defendants or potential witnesses in EDA matters. Albertson is based out of Harrisonburg.

Discussing their client’s situation outside the courtroom Friday afternoon, Henry’s attorneys said it was their understanding that not only would Albertson be present to hear and make a ruling on bond arguments Tuesday, but was poised to name a substitute judge on the criminal and civil matters arising from the EDA fraud investigation. They said it was also their understanding that appointment could be a self-appointment.

“Missy” Henry became the second person indicted criminally by the Special Grand Jury empanelled to investigate potential criminality tied to the EDA financial fraud investigation begun in mid-September 2018. The first criminal indictments handed down were against Henry’s former boss, former EDA Executive Director Jennifer McDonald. McDonald was arrested by Virginia State Police on special grand jury sealed indictments May 24, Henry on June 24.

It appeared that at least five Henry family members were present to see Tuesday’s developments unfold. In arguing for bond at Henry’s first hearing on June 25, the day after her arrest, Nuzzo pointed to Henry’s long and deep community ties. He also noted that the events named in her two embezzlement indictments surrounding the EDA’s B&G Goods small business loan and asset dispersal on the old Stokes Mart property dated to 2014 to 2016.

For Michelle Henry’s family the wheels of justice must seem to be spinning in neutral. Royal Examiner File Photos/Roger Bianchini

“These are very old actions …If she was a flight risk she would have fled by now,” Nuzzo told substitute Judge Thomas D. Horne. Horne deferred a ruling on bond arguments due to his unfamiliarity with the case, continuing the matter to July 19.

Jail transfer sought
In a related matter, Henrys’ counsel filed a motion Thursday, July 18, to have their client moved out of the Prince William Manassas Regional Adult Detention Center some 44 miles out of this community and away from her family’s home base.

Of that move over an hour’s drive away following her first bond hearing on June 25, Henry’s “Motion To Compel Jail To Cancel Courtesy Hold” observes, “Without agreement of the parties or Order of this Court, the RSW Regional Jail, which is the holding facility for inmates and Defendants held without bond for Warren County, arranged for the transportation of Your Defendant … to the Prince William Manassas Regional Adult Detention Center, located at 9320 Lee Ave., Manassas, VA 20110 … This holding facility has an incredibly limited visitation schedule, including for legal visits, and has no direct phone line from which Counsel may contact their client.”

The defense motion included an attachment with the Manassas jail’s visitation schedule and rules. It showed two, 2-1/2-hour visitation blocks (8:30 a.m. to 11 a.m. and 7:30 p.m. to 10 p.m.) and one 3-hour block (noon to 3 p.m.) per day; and a notation that “general population inmates” are allowed one 20 to 30-minute visit per week.

At the time of the transfer RSW Jail Superintendent Russ Gilkison indicated Henry was moved due to the high-profile nature of the EDA investigation locally and personal safety concerns. McDonald was transferred to the Fairfax Adult Detention Center for similar reasons on June 11.

“While RSW may have had good motives in being concerned for Your Defendant due to Your Defendant’s son being an employee of the Warren County Sheriff’s Department, the location they have chosen is unduly unfair to her access to Counsel and her family,” the defense motion for a jail transfer observes.

Contacted Friday afternoon, Gilkison said Henry was being transported directly back to the Manassas jail from the Warren County Courthouse when a notice from the court to keep her housed at RSW pending Tuesday’s bond hearing was received. So that transport will be redirected to RSW, Gilkison indicated.

Henry attorney Nuzzo said that were bond to be denied Tuesday, it is likely the court would hear arguments on the change of jail location motion submitted last Thursday. As an alternative to either the Prince William-Manassas Jail or RSW, the defense motion suggests the Northwestern Regional Adult Detention Center in Frederick County, a 27 mile, approximate half-hour drive.

6601 Winchester Rd – ‘Missy’ Henry will remain closer to home pending her Tuesday bond hearing. Her family hopes she will return home following that hearing which will come one month after her June 24 arrest.