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Blacksburg lawyer Painter’s bond revoked

Joe Painter is accused of making a verbal threat against prosecutor Mary Pettitt.

Joseph G. Painter Jr.

By Melissa Powell | 381-8621

Saturday, September 14, 2013

CHRISTIANSBURG — Blacksburg lawyer Joe Painter is back in jail after his bond was revoked Friday because of an alleged threat he made against the Montgomery County commonwealth’s attorney.

A witness testified that Painter, 66, who is facing gun and drug charges stemming from an incident in February, stated that he was “going to eliminate Mary Pettitt from the gene pool.”

Judge Joseph Canada, a retired judge brought in to preside over the hearing Friday in Montgomery County Circuit Court, said Painter needs psychiatric help and said he would allow the longtime defense attorney to check into Carilion Clinic Saint Albans Hospital near Radford if the hospital would agree to hold him until the court ordered his release. But, according to jail records, Painter was booked into the Western Virginia Regional Jail on Friday afternoon.

Painter is alleged to have made the threat against Pettitt to Pulaski County Assistant Commonwealth’s Attorney Travis Epes, who testified Friday. Epes said that on Aug. 29, Painter was in the Pulaski County courthouse in his capacity as a lawyer. Epes did not specify if Painter was representing a client at that time.

Epes said he asked Painter how he was doing, and Painter replied with a “mumbled sentence” and then added, “I’m going to eliminate Mary Pettitt from the gene pool.”

Epes said he asked Painter to clarify what he meant, and Painter said “bar complaints and lawsuits, bar complaints and lawsuits,” before walking away. Epes was unsure of what to make of the statements and reported them to his boss, Pulaski County Commonwealth’s Attorney Mike Fleenor, before calling Pettitt, he said.

Painter’s lawyer, Randy Jones, said Painter is not known as someone who would hurt others. Painter’s wife, Marie Painter, testified that whenever her husband has used phrases similar to “eliminate from the gene pool,” it has been in a political context. She did not elaborate but said her husband’s use of the phrase did not mean that he would harm anyone.

Elizabeth Yager, Painter’s psychiatrist who works for Carilion, also testified that she has never thought Painter would harm anyone else or himself.

Painter has a mood disorder, which has been diagnosed by some doctors as bipolar disorder, Yager said. He has also been diagnosed with Tardive dyskinesia, which causes the involuntary movements that he often exhibits, such as touching his face, licking his lips and squinting.

Most recently, Painter was evaluated by Christiansburg neurologist Jill Cramer, who believes that Painter has dementia, Yager said.

After special prosecutor Joan Ziglar of Martinsville told Yager in court about the alleged threat, Yager said she would be more concerned about Painter if he was making such statements.

During her questioning of Yager, Ziglar focused in on the fact that Painter may blame Pettitt for complaints made against him to the Virginia State Bar and for lawsuits brought against him by former clients. Pettitt, who sat in the courtroom Friday, did not testify and did not comment after the hearing.

One former client, Alexander Grizzard, was awarded $4,000 with 6 percent interest on Thursday in a lawsuit against Painter for professional negligence/malpractice, according to court records. Grizzard claimed that Painter, who represented him on drug charges, performed legal services negligently and did not inform Grizzard that he “lacked competency to handle the criminal matter,” the case file states. Grizzard paid Painter $9,059 for his representation, according to the file.

Painter’s legal troubles began when he was arrested Feb. 26 after police received a call at 10:51 p.m. about a possible fight between a man and a woman in a car on North Franklin Street in Christiansburg. After officers located the car in the parking lot of the Super 8 motel on Laurel Street, a passenger in the vehicle also was arrested.

Painter is charged with distribution of a Schedule IV controlled substance and two counts of selling or giving a firearm to a convicted felon. He was released on bond in March but was required to check into an inpatient treatment center for a period of time. Painter has told The Roanoke Times that he completed that program and was released.

His charges are scheduled to go before a grand jury in October.

Saturday, September 14, 2013