‘Bawdy Place’ trial related to dropped Tharpe charge set day after Election

From left, Cynthia Atkinson Bailey with children Brandy and Jesse Atkinson outside the WC Courthouse following Tuesday’s hearing – Royal Examiner Photo/Roger Bianchini

A hearing and trial date of Wednesday, November 6, at 2 p.m. was set in the cases of Cynthia Atkinson Bailey, her daughter, son and son-in-law regarding their alleged roles in operation of a Front Royal massage parlor in which sexual favors were allegedly offered as part of the business operation.

Misdemeanor charges against the 55-year-old Bailey, daughter Brandy Nicole Atkinson, son Jesse Thomas Atkinson and son-in-law Joshua Allan Stamper will go to trial that day, while the felony charges will face a preliminary hearing.

Responding to a question from Warren County General District Court Judge W. Dale Houff, defense counsel David Downes and Assistant Commonwealth’s Attorney Bryan Layton concurred that the joined cases would likely require a couple of hours, leading to the setting to the 2 p.m. start time for cases likely to consume the rest of the court’s afternoon docket.

Layton also informed the court that he and defense counsel were “on the same page” regarding a variety of evidentiary motions regarding discovery and alleged offense dates. In fact, Downes withdrew a submitted Bill of Particulars, telling the court that audio tapes he had received from the prosecution today “may clarify” what he had requested from the prosecution in that filing.

Among the evidentiary motions that may be in the process of resolution is Downes’ “Giglio Motion” seeking information on potential prosecution witness Tiffany Amber Wymer. That defense motion cites a felony charge “on or about December 6, 2018” for “possession with intent to distribute marijuana” that according to the defense motion was dropped by prosecutors on May 28, 2019 in Frederick County General District Court.

Downes motion on his client’s behalf questioned if the resolution of that case related to Wymer’s anticipated testimony in the Bailey et al prosecution and “whether she has received immunity from prosecution for” a variety of other possible charges, including “her fraudulent welfare applications… operating an illegal sex chat website” and “prostitution charges”. Downes further asks how many incidents of prostitution Wymer may have received immunity for.

The two sides also appeared to agree to pin down the offense dates to between May 16 and June 7, 2018. The fact that Bailey had a June 7, 2018 charge and arrest on a prostitution charge nul prossed by the Commonwealth on October 2, 2018, appeared to play a role in some contentious accusations amidst dueling press releases between the defense attorney, the Winchester Commonwealth’s Attorney’s Office which took over as special prosecutor in a related case of solicitation of prostitution against former Front Royal Mayor Hollis Tharpe, and FRPD Chief Kahle Magalis.

A political twist
Downes alleged the new charges against his client were “retaliatory” & “vindictive” due to his client’s intention not to testify in the Tharpe prosecution, invoking her Fifth Amendment right not to self-incriminate. The Tharpe prosecutor’s office and FRPD denied any wrong doing or vindictiveness in the “bawdy place” bust.

Tharpe’s misdemeanor solicitation case was dismissed at the request of Special Prosecutor Heather Hovermale during a July 15 hearing. As Royal Examiner reported at the time, Hovermale told the court the prosecution could not proceed in the wake of Cynthia Bailey exerting her Fifth Amendment right not to self incriminate in response to several questions, including whether she knew Tharpe or if he had ever touched her in a way she did not invite.

His charge dismissed, Tharpe almost immediately announced that he would run in the November election to regain the mayor’s seat he announced four days after his April 15 indictment he would resign from effective May 2. As Royal Examiner has previously observed, ironically the foreman of the grand jury that handed down the indictment against Tharpe was Matt Tederick, a local Republican Committee operative and former chairman. A 4-2 council majority, Tewalt and Thompson dissenting, appointed Tederick interim mayor on May 28.

However it appears there will be no Tederick-Tharpe grudge match on Election Day, November 5. Tederick has announced he will not run in the special election to fill out the remainder of Tharpe’s term through 2020. But former mayor and current Councilman Eugene Tewalt, who announced his candidacy after Tharpe’s resignation and Tederick’s appointment, will oppose Tharpe’s attempt to regain his mayoral seat one day prior to the Bailey family trial and hearing.

Good Times, Bad Times
Bailey and her children were arrested by Front Royal Police on May 15, 2019 and charged with the misdemeanor offense of maintaining a “bawdy” (defined as gross, indecent or overly graphic) place. Other charges include receiving money from earnings of prostitution (felony), prostitution (felony), and cruelty to children, the latter charge according to the criminal complaint involving the presence of a juvenile in the Biggs Drive residence who “answered phone calls, arranged appointments and walked clients to the rooms.” The referenced juvenile is believed to be a grandchild of Bailey’s.

Joshua Allan Stamper remains incarcerated in Stafford County on unrelated charges, but was transported here for today’s hearing.

According to an FRPD press release issued on May 16, the arrests were the result of an ongoing investigation that began in late January of 2018. It also appears that investigation also resulted in the now-dismissed charge of solicitation of prostitution against Tharpe.

The indictment against Tharpe cited a May 31, 2018 incident in which Tharpe allegedly offered “money or its equivalent to another for the purpose of engaging in sexual acts… and thereafter did a substantial act in furtherance thereof against the peace and dignity of the Commonwealth…”

That offer is alleged to have been made at the 312 Biggs Drive address out of which the massage parlor run by Bailey under the banner of Blue Ridge Services, operated.

Stay tuned as Hollis Tharpe seeks re-election on November 5; and Cynthia Bailey and her family fight the charges against them one day later.