Connect with us

EDA in Focus

McDonald Defense Counsel Renews Motions, Including for a New Trial, as Feb. 12 Sentencing Date Looms

Published

on

Federal officials in Harrisonburg have verified that defense counsel for former Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald has filed renewed motions seeking a new trial for their client, as well as the overturning of several of the 34 guilty verdicts a federal jury of six men and six women in Harrisonburg delivered on November 1. Verdicts being sought to be overturned include several counts of bank fraud and one of aggravated identity theft. The latter of those charges involves the use of ITFederal principal Truc “Curt” Tran’s name in promoting one of the real estate transactions McDonald was convicted of using to misdirect money to her personal benefit or that of others under the guise of conducting FR-WC EDA related business. Attempts to reach defense counsel about their filing were unsuccessful as of publication.

The defense team outside the Harrisonburg federal courthouse, along with others evacuated during an apparent false alarm fire warning at the courthouse as the trial wore towards a conclusion in late October. Below, May 2019 mug shot of McDonald following one of her initial arrests on criminal charges originally brought at the local level. She has remained free on bond or home incarceration for the majority of time since those spring 2019 arrests, and remains free pending Feb. 12 sentencing or a ruling for a new trial.

The defense has submitted its motions, similar to ones denied by Judge Elizabeth K. Dillon at trial, as the sentencing of McDonald, set for 10 a.m., Monday, February 12, 2024, looms over their client, who remains free on bond. The defense motions reiterate points made by federal Public Defenders Office attorneys Andrea Harris and Abigail Thibeault at trial and in closing arguments delivered October 31. The three defense witnesses called on that final day of the trial appeared to be presented in an attempt to discredit some of the 67 witnesses called by the prosecution in the trial that began on August 21 and ended on November 30, following several delays of a week to several weeks due to a need to suspend or reschedule the trial because of medically verified illnesses or issues of involved parties, on several occasions defendant McDonald.

The new motions, like those rejected at trial, focus on the defense’s central contention that McDonald and the FR-WC EDA had entered into a secret agreement behind closed doors to pay McDonald $5 million or more in exchange for her not filing a sexual harassment or assault lawsuit against local government officials over actions she alleges during her tenure as FR-EDA executive director. The lone signature on a defense exhibit submitted in support of this scenario belonged to former FR-WC EDA Board Chair Patty Wines, who was by then several years deceased. The prosecution asserted the signature was a forgery. Other EDA officials called by the prosecution, including board member Ron Llewellyn, also unhappily called as one of the defense witnesses on October 31, denied any knowledge of the existence of such a document. It was noted during trial testimony that such a document could not have been approved without a full vote of the EDA Board of Directors.

Jennifer McDonald, right, and then FR-WC EDA Board Chair Patty Wines on the job during earlier days.

The defense motion for a new trial centers on the asserted exclusion of evidence related to the alleged sexual harassment secret agreement. Arguments about the exclusion of a transcript of grand jury testimony given by someone with alleged knowledge of the secret agreement or the absence of that person being called as a witness at trial appear to be at the center of the mistrial/new trial motion. There is also an objection to a related jury instruction given by Judge Dillon, noting that the prosecution didn’t have to produce every piece of evidence or potential witness related to the case at trial.

According to the federal 10th Western District of Virginia website, thus far a hearing date on the new defense motions has not been set for the Harrisonburg federal courtroom.

It appears the Harrisonburg federal courthouse may have another hearing related to the Jennifer McDonald cases prior to the scheduled Feb. 12, 2024, sentencing hearing on her currently standing 34 white-color crime convictions.

McDonald was accused of diverting as much as $ 6.5 million of EDA assets to her direct personal benefit out of an estimated $26 million alleged to have been moved under false pretenses during a four-year period (2014-2018) of her executive leadership of the FR-WC EDA. Part of that larger total, a $10-million loan with additional developmental expenses estimated at as much as $2 million, was approved in support of Tran’s ITFederal company’s development plan earmarked for 30 acres of the 148-acre Royal Phoenix Business Park property in Front Royal at the former Avtex federal Superfund site. EDA officials and civil cases attorneys assert that a $10-million loan and subsequent addition of developmental expenses were achieved under false pretenses as to Tran’s ability to achieve his submitted developmental plan. However, at the time some of these McDonald-involved real estate transactions were occurring, between 2016 and 2018, information was being circulated that Tran was planning to invest in other business opportunities at other locations in the county. Tran has said such investments were discussed but never finalized and never signed on to by him.

Front Royal, VA
75°
Sunny
6:13 am8:25 pm EDT
Feels like: 75°F
Wind: 2mph WNW
Humidity: 62%
Pressure: 30.01"Hg
UV index: 3
SatSunMon
88°F / 72°F
81°F / 70°F
82°F / 68°F
Opinion2 hours ago

Support Scott Lloyd in Warren GOP Leadership Vote

Food3 hours ago

Mexican-Style Grilled Corn on the Cob Adds Bold Flavor to Summer Cookouts

Community Events12 hours ago

This Week’s Showtimes at Royal Cinemas as of July 31st

Local Government17 hours ago

Definition and Prohibition of Data Centers Recommended Unanimously at Special Town Planning Commission Meeting

Local News17 hours ago

Assistant F&R Chief Gerry Maiatico Responds to South Warren Citizen Concerns About Service Reduction

State News19 hours ago

Virginia Launches New Unit Targeting Illegal Vapes and Intoxicants

Historically Speaking19 hours ago

Charity, Refugees & Our Constitution

State News19 hours ago

How the 8th Congressional District Democratic Primary Reflects Party’s Shifting Identity and Priorities

State News19 hours ago

Virginia’s Disability Services Gap Persists Despite Progress, Leaves Young Adults Vulnerable

State News21 hours ago

Loudoun County, Other Virginia Localities Consider Hitting the Brakes on Data Center Development

Community Events21 hours ago

Opposite Shores to Perform July 30 at Gazebo Gatherings

National News21 hours ago

‘People Movers’ Out, More Parking In: Trump Announces $22.5B Washington Dulles Makeover

National News22 hours ago

TSA Shares Passengers’ Personal Information With Immigration Enforcement, Documents Show

National News22 hours ago

Obamacare Enrollment Declines in 49 States; Virginia Saw 8% Drop

State News22 hours ago

Virginia Voters Could Gain a Bigger Voice in Choosing the 2028 Presidential Nominees

State News22 hours ago

Virginia Education Department Seeks New Student Assessment Vendor

State News22 hours ago

Pro-Data Center Industry Group Behind Ad Campaign in Oregon, Virginia, Five Other States

Food1 day ago

Grilled Beef Salad Makes a Fresh, Protein-Rich Summer Meal

Local News2 days ago

Warren County Welcomes Nearly 50 New Teachers, Looks Ahead to New School Year

Obituaries2 days ago

Naomi Ruth Davis Eaton (1934 – 2026)

Obituaries2 days ago

Scott Edward “Scotty” Taylor (1971 – 2026)

State News2 days ago

Brown Water, Dust and Loud Noises: Louisa Homeowner Sues Amazon Over Data Center Construction

State News2 days ago

Does Extreme Heat Cause Train Derailments? A Virginia Railroad Expert Weighs In

National News2 days ago

Administration Asks US Supreme Court to Uphold Sweeping Trump Order Restricting Vote-By-Mail

Obituaries2 days ago

Nicholas A. “Nick” Riedel (1996 – 2026)