Poe ‘bound & determined … to clear his name’ in EDA criminal, civil cases

Donald Poe was returned to RSW Jail yesterday evening for his Wednesday bond hearing. While also still housed at RSW at 3 p.m., he too should soon be home and out of jail garb before long after being granted a $20,000 secured bond by Judge Bruce Albertson

During a brief five-minute recess following adjournment after Michelle Henry’s motions arguments were completed at 10:30 a.m. Wednesday morning, 23 relatives and friends of Donald F. Poe filled the defense table side of Warren County Courthouse Circuit Courtroom B public seating area, spilling a couple of stragglers to the other side.

Poe’s long personal, family and business connections to the community were a focal point of defense counsel William Ashwell’s bond arguments on his client’s behalf. Judge Bruce D. Albertson didn’t have to look far to see evidence of those connections out in force.

Ashwell called his client “a 60-year resident of Warren County” – Poe is 60 years old – with family ties to the area dating back to the 1700’s in the Fauquier and Warren County area.

Poe’s attorney cited his work with his client for the last several months on the EDA civil litigation side of the legal equation. Poe is one of nine defendants named in the EDA civil suit filed March 26, as is his business partner Justin Appleton and their Earth Right Energy LLC solar panel installation company. The ERE trio’s involvement in the civil action, and Poe’s three criminal indictments, all appear related to ERE contracted work for or through the EDA and McDonald. Evidence provided on the civil side indicate some of that work accomplished, some cancelled, with reimbursements discussed and/or achieved according to ERE counsel.

Ashwell noted Poe’s presence for hearings and testimony throughout the civil litigation process, including the Special Grand Jury interview process that resulted in the three indictments against him.

“Other than the EDA involvement and the media attention this would be a fairly normal bond hearing,” Ashwell told the court.

Poe is charged on two felony counts of obtaining money by false pretense and one count of perjury.

Ashwell told Judge Albertson that Poe’s participation in preparing his own defense while incarcerated at the Prince William-Manassas Jail “was functionally impossible”. And prepare a defense, rather than flee the scene, is what his client is committed to, Ashwell said with emphasis.

“He is bound and determined more than any other client I’ve had to clear his name on these charges and on the civil case,” Poe’s attorney told the court.

Ashwell noted that Poe’s past criminal record and incarceration dated back to 1989-90 and that his record has been clean since his conviction and time served on those offenses. While not elaborated on during the hearing those legal issues dating back three decades related to non-opioid drugs and/or drug distribution.

Commonwealth’s counsel Bryan Layton said that while the perjury charge against Poe, believed to relate to his EDA Special Grand Jury testimony, gave him some concern that overall he could not dispute defense counsel’s assertions about Poe’s appearances and cooperation in the civil litigation process.

Consequently Judge Albertson granted Poe secured bond of $20,000.

According to the RSW Jail website Poe was no longer an inmate as of 5:40 p.m. Wednesday afternoon.