Wednesday, August 19, 2009
Campaign Notebook: House candidate Bill Cleaveland pushes testimony bill
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roanoke.com/politics
House of Delegates candidate Bill Cleaveland called on state lawmakers Tuesday to pass legislation to bring Virginia's laws in line with a recent U.S. Supreme Court ruling involving the use of forensic evidence in criminal trials.
The General Assembly will convene a special session today to consider legislation to deal with the effects of the Supreme Court's June ruling on Melendez-Diaz v. Massachusetts, which effectively forces state courts to ensure that forensic analysts can be available to testify in cases involving scientific evidence.
Cleaveland, a Botetourt County Republican, is running against Roanoke City Councilwoman Gwen Mason, a Democrat, to replace Del. William Fralin, R-Roanoke, in the 17th House District.
During a news conference at his law office, Cleaveland said that if left unaddressed, the Supreme Court ruling "could result in an otherwise guilty individual going free" in drug and drunken-driving cases around the state.
Flanked by Joel Branscom and Randy Leach -- the commonwealth's attorneys from Botetourt County and Roanoke County, respectively -- Cleaveland said he is pleased state lawmakers seem ready to fix the legal discrepancy. However, he said the bill they're considering is a temporary fix and that the General Assembly will need to revisit the issue during its regular session in January. If elected, Cleaveland said, his legal experience will come in handy.
"I think that clearly in situations like this one, having lawyers deal with the issues and drafting legislation is absolutely critical," Cleaveland said. "I know some folks have strong feelings about lawyers being down there and they have some concerns, but this is a perfect example of why having legal experience and background will clearly affect in a positive way the safety of the citizens of the commonwealth."
In an e-mailed statement, Mason applauded the "bipartisan effort shown by the majority and minority leadership" in the General Assembly to resolve the issue.
"I think this special session is a fine example of what can be accomplished when we set aside the politics and put people first to solve Virginia's problems," Mason wrote.
-- Mason Adams





