UPDATE 2: ‘Unexpected Circumstance’ Delays McDonald Federal Criminal Trial for rest of week

(Writer’s Update: On Wednesday, Sept. 20, for the second consecutive day the federal criminal trial of former FR-WC EDA Executive Director Jennifer McDonald was cancelled. This time there was no hearing to discuss reasons or other procedural matters as there was the previous day. One might guess the cause was a continuation of the “unexpected health issue” or “unexpected circumstance” mentioned at hearing the previous day, as reported below. Further information will be reported as it becomes available. And in a later update, the trial has been cancelled for the rest of the week. It is scheduled to resume Monday, Sept. 25 at 8:30 a.m.)

With 10th Western District of Virginia Federal Court Judge Elizabeth K. Dillon’s 9:30 a.m. arrival, court was convened on schedule Tuesday, September 19, in the criminal trial of Jennifer McDonald related to the estimated $26-million Front Royal-Warren County Economic Development Authority (FR-WC EDA, EDA) “financial scandal,” circa 2014 to 2018. As has been reported, after inheriting the case from two state prosecutors offices on August 25, 2021, a federal grand jury handed down 34 federal criminal indictments on a variety of charges, including bank fraud, wire fraud, money laundering, and aggravated identity theft against the former EDA executive director. Those charges relate to the alleged unauthorized transfer of EDA assets to McDonald’s own personal benefit, as well as that of alleged co-conspirators.

But rather than starting the trial on the second day of a week in which it has been forecast the trial could be coming to a fairly rapid conclusion with closing arguments by weeks end, the judge was informed that an unanticipated issue would put the trial on hold that day.

An “unexpected health issue” was referenced by lead prosecutor Sean Welsh as the reason for what apparently will be a one-day delay of the trial. However, defense counsel told the judge that the jury had been told an “unexpected circumstance” would be the reason they would not be needed at court that day. It might be noted that the lone missing person at the prosecution or defense tables during this discussion appeared to be defendant Jennifer McDonald.

In the defendant and jury’s absence several procedural matters were broached for additional discussion. One was review of submitted jury instructions. Another was gaining defense approval of allowing a prosecution witness’s testimony that had been scheduled to be heard Tuesday, to be submitted alternately without the need of her returning the following day from her Virginia Beach home to testify. It was explained her testimony would be fairly brief and was to be introduced to allow a related piece of evidence to be admitted as a prosecution exhibit (why does that sound familiar?). A final matter discussed before court recessed was the possible addition of a third defense witness identified as “James Woods”.

Following the court recess this reporter and another present (see you tomorrow, Alex?) tried to place the name James Woods. All we could come up with was the actor. — Wouldn’t want to miss THAT testimony, “Woods” we?