Motions filed, August hearing date set in ‘Bawdy Place’ prosecutions

Attorney David Downes in file photo addressing the Front Royal Town Council on other issues – Royal Examiner File Photos/Roger Bianchini

A hearing date of August 13, at 2 p.m., was set Tuesday for pre-trial motions in three cases related at least indirectly to former Front Royal Mayor Hollis Tharpe’s May 2018 visit to a Biggs Drive massage parlor. The cases of Cynthia Atkinson Bailey, her daughter Brandy Nicole Atkinson and son Jesse Thomas Atkinson have been joined for trial according to defense counsel David Downes.

Downes filed motions, including discovery, during the Tuesday, June 18, Warren County General District Court morning docket. The criminal complaint against Bailey and her co-defendants alleges that massages of a sexual nature were a prominent part of the services “menu” being offered at the Biggs Drive address.

A gigolo, I mean “Giglio Motion” filed by Downes Tuesday sought information on potential prosecution witness Tiffany Amber Wymer. The 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 questions if the resolution of that case related to Wymer’s anticipated testimony in this (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.

Bailey, 55, was arrested on May 15 by Front Royal Police along with her daughter, son and stepson Joshua Allan Stamper. Bailey’s charges include maintaining a “bawdy place” (defined as gross, indecent or overly graphic establishment), receiving money from earnings of prostitution, prostitution, and cruelty to children, the latter charge related to the presence of a juvenile in the residence who “answered phone calls, arranged appointments and walked clients to the rooms” according to warrants. Bailey’s relations’ charges relate to various jobs they performed at what was cited as an unlicensed massage parlor operating at the business address of Blue Valley Services.

Hollis Tharpe chairing a council work session prior to his misdemeanor indictment and resignation to fight the charge against him. He has a trial date looming two weeks before the November election day.

While Tharpe has admitted to visiting the business he has asserted it was for legitimate massages on his 67-year-old body. Tharpe was indicted on a misdemeanor solicitation of prostitution charge on April 15. That day he put himself on administrative leave and four days later announced he would resign as mayor, effective May 2. Tharpe explained his decision as preventing his legal situation from interfering in the conduct of Town business.

Tharpe was in court Monday, June 17, to have motions and trial dates set in Warren County Circuit Court where his misdemeanor solicitation case is being heard due to the direct indictment by a Warren County Grand Jury.

Trial date of Oct. 25 set in Tharpe solicitation case – prosecution seeks change of venue

It was a grand jury, ironically perhaps, chaired by now Interim Front Royal Mayor Matt Tederick.

Matt Tederick has taken smoothly to the mayor’s seat vacated by Hollis Tharpe’s resignation – here the interim mayor draws laughter after announcing he pulled his name out of hat as winner of a raffle drawing.

Two days after her arrest, Bailey attorney Downes issued a press release asserting that his client’s prosecution was “retaliatory” and “selective” due to her assertion to authorities that she would plead her Fifth Amendment right not to self-incriminate if asked to testify regarding clients, including Tharpe. In his release Downes noted that Bailey had initially been arrested on June 7, 2018 on a charge of prostitution. That arrest came one week after the Tharpe massage parlor incident cited in his indictment. That charge was dropped by the commonwealth on October 2, 2018.

Massage parlor defense counsel cites ‘retaliation’ over targeting of Tharpe

Downes release led to responses from both Tharpe Special Prosecutor Heather Hovermale and FRPD Chief Kahle Magalis denying any inappropriate actions related to the massage parlor warrants
and investigation.

Winchester prosecutor’s office responds to Downes press release

FRPD adds response to Downes release on Tharpe-Bailey investigations