Release Date: Tuesday, November 17, 2009 5 p.m.
At what was scheduled to be the sentencing hearing of Melina McPherson for taking indecent liberties with a minor in Virginia Beach Circuit Court today, the Court denied the victim the opportunity to express her feelings and views. The now 28 year old victim had driven to Virginia Beach from New Hampshire over the weekend in order to be present and to make a statement to the Court regarding the sentencing hearing and the plea agreement. Today was the fifth time this victim has traveled from New Hampshire in connection with the prosecution of Stephen and Melina McPherson.
Commonwealth’s Attorney Harvey Bryant asked the Court twice if it would allow the victim to exercise her statutory rights under the Crime Victim and Witness Rights Act. That Act provides in part:
“In recognition of the Commonwealth’s concern for the victims and witnesses of crime, it is the purpose of this chapter to ensure that the full impact of crime is brought to the attention of the courts of the Commonwealth; and that they have the opportunity to be heard by law enforcement agencies, attorneys for the Commonwealth, corrections agencies, and the judiciary at all critical stages of the criminal justice process to the extent permissible under law.”
The Court refused to hear from the victim.
“The Commonwealth has done everything possible to help and accommodate the victim in this case including the two victims of Stephen McPherson. A special grand jury was used to investigate and indict these cases, so that a preliminary hearing was not necessary and the victims would have only to have testified once. In addition, at each stage of the proceedings the victims have been fully informed of the Commonwealth’s options and intentions and their expressed wishes both orally and in writing have been taken into account in every respect.”
“It has been painful to witness the agony of this particular victim over almost a twelve month period. Judges do not witness that nor did the judge have to explain to the distraught witness after court why the case was not now over, despite her wishes that it be so,” Bryant said. “It is the prosecutor who knows the strengths and weaknesses of a particular case and must take those into account, along with the victim’s wishes, in making plea agreements,” Bryant added.
McPherson has now been allowed to withdraw her guilty plea to a felony, and until and if she is convicted, will not be on the Sex Offender Registry. “At least she is back in jail, and I am glad about that,” Bryant said. On September 2nd when McPherson pled guilty, she was placed in custody. By phone the next day, the Court, over the Commonwealth’s objection, advised that it was releasing McPherson from custody. At that hearing on September 2nd, the Court said it “would honor the plea agreement”. Today however, without giving the victim the opportunity to address the Court, the Court rejected the plea agreement.
“This was a very bad day for a victim who has been through an awful lot since coming forward to the police with this matter in 2007. To the extent that it is within my power to do so, I apologized to her on behalf of the criminal justice system in Virginia Beach,” Bryant said.
Please contact Julie Pickell if additional information is desired.
Similar Press Releases: felony, Harvey Bryant, indecent liberties
