March 18--The more than 200 people who attended Culpeper County Sheriff Scott Jenkins' news conference and citizen forum this afternoon had been promised answers concerning the initial investigation of Thelma Scroggins' slaying.
They not only didn't get answers, many walked away more confused than when they arrived on the courthouse lawn.
Jenkins' decision to open up about the controversial case was nipped in the bud Friday when he received a hand-delivered letter from special prosecutor Ray Morrogh advising him to remain silent.
"Please be advised that Judge [Jay T.] Swett clearly admonished counsel for both the Commonwealth and the defendant that this case is not to be tried in the newspapers," Morrogh's letter reads.
It added that any public comment could jeopardize Michael Wayne Hash's right to a fair trial if he is indeed retried in the 1996 murder of the 74-year-old Scroggins.
Hash, now 31, was arrested on a capital murder charge in May 2000, nearly four years after Scroggins was found shot to death inside her home in the Lignum community in eastern Culpeper County.
He was sentenced to life in prison without the possibility of parole. But last month, after years of dogged efforts by Hash's mother and a series of attorneys, a federal judge vacated Hash's conviction with a ruling that harshly criticized law enforcement officials.
This afternoon, Jenkins, in a 15-minute speech, made it clear that he would abide by the special prosecutor's instructions.
Culpeper County Sheriff Scott Jenkins speaks at a forum this afternoon on the courthouse lawn. He limited his comments after receiving a letter from the special prosecutor who is weighing whether to retry Michael Wayne Hash in the 1996 slaying of Thelma Scroggins. (Photo by Donnie Johnston/The Free Lance-Star)
"This case is not closed," he said. "As soon as I am allowed, I will give you details and answer your questions."
Jenkins also reminded the crowd that federal Judge James C. Turk's Feb. 28 decision to set aside Hash's capital murder conviction was a writ of habeas corpus (Hash was being wrongly held) and not an overturning by appeal of the 2001 conviction.
That habeas decision means that while Hash's initial conviction was thrown out, the state still has the right to try him again. That decision will rest with Morrogh.
Here Jenkins' statement became confusing. While he told the crowd he had cooperated with Hash's attorney for several years, he also said that Turk had heard only one side of the story, that part presented by Hash's attorney.
"The judge made that decision without hearing from the other side," Jenkins said, referring to those who investigated and prosecuted the case.
Jenkins, who was elected sheriff in November, was one of the lead investigators on the high-profile case back in 2000 when he served under Sheriff Lee Hart.
"I have never seen Judge Turk," Jenkins added. "I don't argue with his decision; I am just allowing the process to continue."
That process could lead to Jenkins re-investigating and re-charging Hash, who was released on $10,000 unsecured bond last Wednesday and is free for the first time in 12 years.
Jenkins also said that Turk was asked to deal with a case file "that is taller than I am" and difficult to understand.
Turk's opinion was highly critical of both the investigative process that brought charges against Hash and two other teenagers--Jason Kloby and Eric Weakley--and the prosecution tactics of Commonwealth's Attorney Gary Close's office.
Close resigned under pressure the day before Hash was released from custody, and there have been calls for Jenkins' resignation.
In his own defense, Jenkins told the audience: "Nothing I did was unethical, and I have nothing to hide."
Turk's opinion suggested, however, that Weakley was fed facts that led him to confess and turn state's evidence, and that Hash was intentionally transferred from Culpeper to Albemarle–Charlottesville Regional Jail so he could be housed in the same cellblock with jailhouse snitch Paul Carter.
Carter became a key witness for the prosecution in Hash's trial.
Among those in attendance at today's news conference and forum were Dierdre Enright, Matthew Engle and several students associated with the Innocence Project of the University of Virginia School of Law.
Enright and Engle are working with Weakley to help him prove his innocence. Weakley served part of a 15-year sentence after pleading guilty to second-degree murder and is now free.
"I'd like to see [Jenkins] stop saying that only one side was represented [to Judge Turk] in this case," said Engle.
"[Judge Turk] saw information that was not even presented at the trial," said Enright. "He was more informed. As for the head-high file, it was not that hard to comprehend. These law students understood it."
Also in attendance were the parents of Kevin Wesley Beahm, who was convicted in 1996 of the murder of his ex-girlfriend, Christine Jenkins, and is serving a life sentence.
Given the recent turn of events, including Close's resignation, Donna Beahm is asking the Innocence Project of U.Va. to pursue her son's case. Jenkins was not involved in Beahm's conviction.
Before this afternoon's gathering, Jenkins had deputies hand out copies of Morrogh's letter to make it clear why he could not comment further.
The sheriff ended his speech much as he began it.
"I assure you that my actions [in the Hash case] were professional and ethical."
Donnie Johnston:
Copyright 2012 - The Free Lance-Star, Fredericksburg, Va.
