Winchester prosecutor’s office responds to Downes press release

Just before 5 p.m. Tuesday afternoon, May 21, the Winchester Commonwealth’s Attorney’s Office of Marc Abrams released a terse 139 word, two paragraph response to Cynthia Atkinson Bailey attorney David Downes May 17 press release alleging undue pressure being put on his client by a special prosecutor from his office; and “retaliatory prosecution” against Bailey for her reluctance to testify against former Front Royal Mayor Hollis Tharpe regarding his May 31, 2018 visit to her Biggs Drive massage parlor in Front Royal.

“The Commonwealth’s Attorney’s Office for the City of Winchester is appointed to investigate and prosecute the matter of Commonwealth v. Hollis L. Tharpe. This office was not assigned to investigate nor to prosecute Cynthia Bailey or any person other than Hollis Tharpe. Heather Hovermale, who was assigned to this case, has met with witnesses pertaining only to the matter of Commonwealth v. Hollis L. Tharp, (sic) in which no other person is accused of any criminal misconduct. At no point has Ms. Hovermale threated (sic) Ms. Bailey with criminal prosecution for failing to cooperate nor has any member of law enforcement done so in her presence.”

The second paragraph cites professional prohibitions against prosecutors “publicly commenting on evidence in an open case” and states the office will be available for further comment upon conclusion of the Tharpe prosecution.

See this linked story for details of the Bailey attorney’s perceptions regarding the potential of undue prosecutorial or investigative pressure or retaliation being exerted against his client, as well as background on both cases.

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

But to summarize for those of you who don’t like “flipping”, Downes focused particular attention on an April 3 visit to his client by Front Royal Police Investigator David Fogle and Hovermale in her role as Tharpe special prosecutor.

David Downes speaking at a recent Front Royal Town Council meeting on other matters – Royal Examiner File Photo/Roger Bianchini

“Notwithstanding Ms. Bailey’s continued representation by another attorney on the subject matter she was questioned by the special prosecutor. Fogle and Hovermale were only interested in one suspect, the Mayor of Front Royal, Hollis L. Tharpe, and asked her questions only about him,” Downes wrote.

Downes pointed to Tharpe’s grand jury indictment 12 days later, on April 15 adding, “On the same date, Special Prosecutor Hovermale was placed on written notice that Cynthia Bailey’s representation by counsel was continuing because she was still subject to prosecution for the underlying offense of prostitution. Hovermale was also advised that Bailey intended to exercise her Fifth Amendment privilege (not to self-incriminate) based on threats of multiple criminal charges.”

Those multiple criminal charges came a month later, May 15, when Cynthia Atkinson Bailey, Jesse Thomas Atkinson, Brandy Nicole Atkinson and Joshua Allan Stamper were charged on multiple counts related to the massage parlor operation’s alleged prostitution or sexually-tinged services. According to Downes, Jesse Atkinson, Brandy Atkinson and Joshua Stamper are his client’s son, daughter and son-in-law, respectively.