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Richmond judge says Executive Mansion chef’s trial won’t be dismissed

The judge rejected a defense motion that Cuccinelli’s conflict of interest tainted the indictment.

Todd Schneider

Jim Nolan | Richmond Times-Dispatch

Saturday, July 13, 2013

A Richmond judge on Friday rejected a bid by former Executive Mansion chef Todd Schneider to dismiss the felony embezzlement charges against him.

Judge Margaret Spencer’s ruling clears the way for a politically explosive and potentially embarrassing October trial involving Gov. Bob McDonnell and the first family days before Virginians choose their next governor.

Spencer said the defense “has failed to provide any authority supporting dismissal of the indictment” as the appropriate remedy in a case in which a prosecutor had conflicts of interest before the indictment.

Addressing defense allegations of prosecutorial misconduct, the judge said “in the present case there is no allegation that the grand jury was unable to make a fair and objective evaluation of the evidence.”

Lawyers in the case could not comment on the ruling because the judge has issued a gag order on the proceedings.

Last week, the judge had signaled her position in a ruling rejecting Schneider’s bid to have Attorney General Ken Cuccinelli and senior assistant attorney general Patrick Dorgan testify at Monday’s hearing on the defense motion.

Schneider, who worked at the mansion from 2010 to early 2012, is charged with theft of food and supplies from the mansion.

He has maintained that he was told to take food in lieu of payment for catering services he provided at numerous personal, private and political events thrown by the McDonnells — events that Schneider’s attorneys say violate state law governing the use of state resources and labor. His trial is scheduled for Oct. 15-18.

In court filings, defense attorneys Steven Benjamin and Betty Layne DesPortes argued that the charges should be dismissed. They alleged that Cuccinelli could not be an impartial prosecutor because of Schneider’s allegations that the governor and his family misused mansion resources.

As attorney general, Cuccinelli is the governor’s lawyer on state business. As the Republican candidate for governor, he has also depended upon McDonnell’s political support in his bid to succeed him.

The defense lawyers also argued Cuccinelli had a conflict due to his relationship with McDonnell mega donor Jonnie Williams Sr. The CEO of Henrico-based dietary supplement maker Star Scientific gave thousands in personal gifts to the governor’s and the attorney general’s families.

The defense lawyers said Schneider was not aware that Cuccinelli had ties to Williams and stock holdings in Star Scientific at the time Schneider spoke with investigators about Williams and McDonnell.

The special prosecutor, Norfolk Commonwealth’s Attorney Gregory Underwood, argued that the conflicts ceased once the judge allowed Cuccinelli to withdraw from the case in May.

Underwood maintained that the evidence behind the indictment of Schneider in March was credible and should be tried independently of any conceded or alleged conflict with Cuccinelli or his office.

Cuccinelli told reporters April 26 that he had neglected to disclose an additional $5,000 in gifts from Williams, including airfare to New York City and two stays at the Star CEO’s Smith Mountain Lake vacation home, one of which included a catered Thanksgiving dinner for the attorney general and his family.

The attorney general also asked Richmond Commonwealth’s Attorney Michael Herring to investigate whether Cuccinelli had properly completed his own disclosure forms. Cuccinelli has since divested his holdings in Star Scientific. Herring’s report is expected by the end of the month.

Last November the attorney general had directed the Richmond prosecutor to investigate McDonnell’s statements of economic interests, a probe that continues.

Schneider’s trial — scheduled for three weeks before Election Day — almost certainly promises to be an exhaustive airing of mansion affairs during the McDonnell years. It could prove embarrassing to the first family and damaging to the governor and GOP hopes of retaining the executive branch this November.

Schneider’s legal team has issued dozens of subpoenas for documents from individuals and groups that have used the mansion or provided services during his tenure as chef, including the governor and his wife, and the McDonnells’ daughter, Cailin, and her husband, Chris.

Also asked to provide documents were such organizations as the American Cancer Society and the Ancient Order of Hibernians, as well as Opportunity Virginia, the governor’s political action committee.

Lawyers also have subpoenaed mansion director Sarah Scarbrough to testify. Scarbrough, according to court filings, allegedly told Schneider to pay his company in food and supplies ordered on mansion accounts.

Saturday, September 14, 2013