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Thursday, November 09, 2006

Sheriff's announcement puzzles many

Henry County's top police official said he will take unpaid administrative leave.

Henry County Sheriff Frank Cassell stopped short of resigning Wednesday, instead placing himself on unpaid administrative leave while the federal case against him proceeds.

The announcement was met with puzzlement and frustration from officials who said they don't think Cassell can legally take a hands-off approach and still remain in office.

"Can he designate all of the duties of sheriff? I don't think so," said Henry County Attorney George Lyle. "I think that's the crucial question."

Just over a week ago, 12 current and former Henry County deputies and seven civilians were indicted on racketeering and drug charges. Cassell was accused of impeding a federal investigation into corruption within his department.

Cassell did not speak at a press conference Wednesday, but his Roanoke attorneys, John Lichtenstein and John Fishwick Jr., had prepared a statement.

"Everyone who knows the sheriff knows that it is his obvious desire to return to the office -- now -- and get back to work," Lichtenstein read. "However, after careful consideration, he has concluded that in order to most effectively serve the people of Henry County who elected him, that during this investigation he must remove himself from all aspects of the day-to-day operations of the sheriff's office."

Henry County Board of Supervisors Chairman H.G. Vaughn, who had already called for Cassell to step down, said the announcement "creates more questions than it could ever possibly answer."

"We are not losing anything as far as law enforcement coverage, but as far as those administrative functions that the constitution says shall be done by the sheriff, where do we stand there?" Vaughn said.

Some of those functions include signing grants and other documents that must bear the sheriff's signature, he said. It is unclear whether Capt. Lane Perry, who has been running the department in the interim, can be granted the power to do those things.

"There's got to be a sheriff. You can't have a situation where there's not a sheriff," said Botetourt County Commonwealth's Attorney Joel Branscom. "He's trying to create that situation."

Lyle will research the legality of Cassell's plan with help from Henry County Commonwealth's Attorney Bob Bushnell and the state attorney general, Vaughn said. Bushnell was not available for comment Wednesday.

Lichtenstein said he understands the county's need to research the issue, but he believes his client has the broad discretion to follow through on his announcement.

As a constitutional officer, Cassell's paycheck is typically paid by Henry County and then reimbursed to the county by the Virginia Compensation Board.

By refusing to accept his check, Lichtenstein said, Cassell is "trying to do the right thing."

Shortly after Cassell's announcement Wednesday, Vaughn issued a news release on behalf of the board of supervisors saying he was "extremely disappointed" and reiterated the board's request that Cassell resign immediately.

Supervisors have been getting calls from constituents who want to know how to begin the process for a recall, Vaughn said, and he has advised them to hold off and give Cassell time to collect his thoughts.

Now, Vaughn said, he expected the petition drive to begin. Under the law, citizens must get about 1,700 signatures on a petition and file it with the court, Lyle said.

Another option, Branscom said, is that a citizen could charge Cassell with malfeasance related to his failure to carry out the duties of office while on leave.

Cassell's lawyers stressed again, though, that their client is presumed innocent.

"His actions today place the interests of the people he serves above his own," Lichtenstein read, "without sacrificing for himself the constitutional rights he has for many years upheld for others."

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