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Judge drops election-law violation charge against Spotsylvania superintendent; trial on obstruction charge in August.

Date published: 6/14/2006

By MELISSA NIX

Spotsylvania Schools Superintendent Jerry Hill had a good day in court yesterday.

Hill, who was indicted in February on charges of election law violations and obstruction of justice, found his load considerably lightened at the 9 a.m. motions hearing.

Circuit Court Judge George Mason of Westmoreland County, who was assigned to try the case, dropped the charge of election law violations, as the defense requested.

"I'm pleased to get it resolved," Hill said after the hearing. "I'd like to know what the other issues arenot knowing what you've obstructed is a little vague."

Mason also ordered the prosecution to file a bill of particulars for the second charge against Hill--obstruction of justice. The defense asked for the bill.

The bill, which King George County Commonwealth's Attorney Matt Britton must file by July 15, must outline the ways in which Hill allegedly obstructed justice.

Britton is handling the case for Spotsylvania County Commonwealth's Attorney William Neely. Neely recused himself, because his wife is a Spotsylvania County Public Schools employee.

The defense requested a motion to dismiss the first charge, claiming the election law statutes Hill was charged with violating are not penal, but rather, administrative in nature.

"The statutes under which [Hill] is charged do not criminalize behavior," said defense attorney Aaron Book.

Mason agreed.

The road to Hill's indictment began last year when the Board of Supervisors voted to put a $41 million school-bond referendum on the November ballot.

School Board members had sought $184 million worth of bonds. When supervisors refused to increase the amount, School Board members decided to publicize their position.

In public gatherings, on the school system Web site and in fliers distributed at PTSA meetings, School Board members complained that $41 million wouldn't meet the system's needs.

The fliers, distributed in September, also questioned the supervisors' authority to set the size of a school bond package.

Supervisors demanded an investigation into whether the fliers violated a state law that explicitly gives localities--but not school boards--the right to create and distribute material explaining referendum questions. The law decrees that such materials cannot advocate either passage or defeat of referendums.

"We're obviously very pleased," said Hill's defense attorney, Steven Webster, regarding the court's decisions.

School Board Chairman Gary Skinner echoed Webster's comments.

"I'm very satisfied, very happy that the first charge has been dropped," he said. "He didn't deserve to be charged with that to begin with, as he was doing the School Board's bidding."

Skinner said he believes Hill will be vindicated in the remaining charge.

"It shouldn't be a surprise to anyone," he said. "Knowing Dr. Hill, I would never believe he would ever obstruct justice."

Board of Supervisors Chairman Hap Connors sounded weary when asked for comment on the court proceedings.

"I hope all parties can resolve this quickly, so that we can get on with working cooperatively with the School Board," he said.

Hill's jury trial will begin Aug. 28. A conviction on the obstruction of justice charge carries a penalty of up to a year in jail and a $2,500 fine.

Staff reporter George Whitehurst contributed to this story.

To reach MELISSA NIX: 540/374-5418
Email: mnix@freelancestar.com

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Date published: 6/14/2006