By MATT CHITTUM
ROANOKE TIMES

Lawyers for the cadets cited the judge's improper involvement in the early stages of the investigation in motions filed in federal district court.

The president of the Virginia Military Institute Honor Court who was removed as judge in the upcoming trial of six cadets accused of lying about an alleged hazing incident is set to testify as a witness for the prosecution.

Thomas Wirth, a senior from Fallston, Md., witnessed the interrogation of freshman Arnold Jesse Gore by honor court prosecutor Tom Warburton of Pulaski in February, according to a statement Wirth signed that is dated Feb. 17. It was provided to the attorneys for the accused cadets, and a copy was obtained by The Roanoke Times.

During the interrogation, Gore admitted to lying when asked earlier about being struck with a belt by his senior mentors. He had denied that it happened. Gore was being questioned about whether his senior mentors had operated a "whack system" under which the freshmen "rats" would receive licks with a belt for certain posted offenses, such as spilling liquids in the seniors' room.

Lawyers for the six cadets on trial learned about Wirth's presence at the interrogation last month, after which Wirth was recused from the trial as a "tainted" judge.

The lawyers cited Wirth's improper involvement in the early stages of the investigation in motions filed Friday in federal district court in Roanoke to stop the honor court trials scheduled for this week.

Wirth's presence at Gore's questioning was "analogous to a trial judge being present in the interview of a witness by a prosecutor," one of the attorneys wrote in his motion.

Over the weekend, the attorneys were informed by Thomas S. Baur, the superintendent's representative to the honor court, that Wirth will testify against the six cadets.

VMI officials declined to comment Sunday.

Jay Sculley, a 1962 VMI graduate and former superintendent's representative, has signed an affidavit expressing reservations about the honor court case going forward because the cadets originally gave false statements while under "extreme duress" and were falsely led to believe they could change the statements without reprisal.

Federal Judge James Turk is scheduled to hear the motions to stop the honor court trials today at 3:30 p.m.