McDonald criminal attorney: ‘This IS going to trial’

Jennifer McDonald’s most recent RSW Jail mugshot, taken as she was returned here for her July 23 motions hearing in Warren County Circuit Court. Photo/RSW Jail website

As the charges against Jennifer McDonald mount and her defense counsel seeks additional information on what have been 14 somewhat vaguely-worded sealed, special grand jury indictments, speculation mounts as to whether the former EDA Executive Director will enter into a plea deal, fight the charges against her, or some combination of the two.

Questioned by the media about potential courses of his client’s defense on the first floor of the courthouse following Tuesday’s hearings, McDonald attorney Peter Greenspun replied, “I don’t talk to the press about these things. But I don’t want you all to be misled – this IS going to trial,” he stated with some emphasis.

McDonald’s criminal attorney Peter Greenspun brings a high-profile Northern Virginia resume to his client’s defense. Photo Greenspun Shapiro PC website

Earlier the media present asked Assistant Commonwealth’s Attorney Bryan Layton a similar question, including exactly when McDonald might enter pleas on the charges against her. Layton replied that plea scenarios can vary from courthouse to courthouse. He elaborated that it was possible following McDonald Motions hearing now slated for next Wednesday, July 31 that the cases could be forwarded toward trial without pleas yet being entered. That scenario would appear to leave room open for plea negotiations to continue.

During courtroom motions discussion Tuesday, Greenspun broached the possibility of three trial dates being set on the current charges against his client, a number raised to 14 with the serving of two additional indictments the previous day, July 22. He suggested an initial trial lasting three or four days, with the potential of two additional trials taking as much as two additional weeks.

“It’s not clear on the nature of these offenses and if the new ones are more complicated,” he told the court of the target of new defense motions seeking clarity on the charges against McDonald.

She was first arrested by Virginia State Police on May 24 on four sealed, grand jury indictments. Eight additional indictments were served on McDonald at the Fairfax Jail on June 21; and now the two newest ones were presented the day prior to Tuesday’s hearing.

Greenspun also hinted that he would seek new bond hearings on the most recent charges against his client.

McDonald first scheduled plea hearing on the 12 then-existing indictments against her was set for July 15. That hearing was continued to today (July 23) in the wake of Judge William W. Sharp’s recusal from all EDA related cases due to past personal or professional interactions with involved parties. Pending preparation of a prosecution response to the new defense motions for a Bill of Particulars on the charges against McDonald, that July 23 hearing was continued to next week, Wednesday, July 31.

Prior to Tuesday’s 9 a.m. docket convening as McDonald sat alone at the Warren County Circuit Courtroom B defense table, Assistant Commonwealth’s Attorney Bryan Layton and McDonald criminal attorney Peter Greenspun entered the courtroom together from the rear, public entrance. Greenspun then joined his client at the defense table and engaged in a fairly intense 5 to 6 minute discussion with her.

When court convened at 9:18 a.m., 16 minutes after McDonald entered the courtroom in Fairfax Adult Detention Center green jail garb, Layton requested the continuation to July 31 to allow a commonwealth response to the most recent defense motions.

Greenspun told Judge Bruce D. Albertson that under normal circumstances he would not object to a continuation. However, he pointed to “so much delay” already encountered by his client who has twice been denied bond by Judge Athey, and told the court, “We are ready to move forward today.”

The Warren County Courthouse finally saw positive movement on EDA-related cases with the presence of a non-recused and non-transferring judge.

However Albertson granted the prosecution motion for the continuance due to the amount of material referenced by Greenspun in his argument to proceed. That material was cited by defense counsel as a 20 to 22-page summary referencing “thousands and thousands of pages” of documents and emails involving “a number of title companies” related to his client’s prosecution and his defense against that prosecution.

McDonald’s former Administrative Assistant Michelle “Missy” Henry, ordered freed on a $2500 secured bond Tuesday, will also return to court next Wednesday for additional Discovery and Bill of Particular arguments as well. At the request of her attorney Ryan Nuzzo, Henry’s hearing is scheduled to begin at 8:30 a.m. to facilitate the schedule of co-counsel David Hensley.

Henry freed on $2,500 secured bond in EDA case; McDonald hearing July 31