June 08--POQUOSON -- A judge Thursday denied a request from prosecutors seeking the personnel file of a former police officer accused of multiple sexual offenses against a minor. The ruling was in response to a motion filed by the Hampton Police Division that sought to keep the file confidential.
Steven McGee, 30, was arrested in November and charged with the rape of a victim less than 13 years old, aggravated sexual battery of a victim less than 13 and three counts of violating a child less than 15.
Virginia State Police launched an investigation last fall after the Department of Social Services received a report that a girl had allegedly been sexually assaulted by McGee. McGee was a police officer with the Poquoson Police Department for three years. He resigned the day he was arrested.
During the hearing Thursday, special prosecutor Wendy Alexander said McGee worked for the Hampton Police Division and the Newport News Sheriff's Office before working for Poquoson. She said that during his time with Hampton Police there was some kind of personnel action taken against him for an alleged "incident involving a female."
Alexander subpoenaed McGee's personnel records at the Hampton Police Division to get more details of the incident. She said the incident might be used as evidence during sentencing if McGee is found guilty.
Jeffry Sachs, deputy city attorney for Hampton, argued the records should not be released because they are protected under federal and state case law that treats personnel files as confidential.
"I'm sure if there had been something in this man's past that was of concern he wouldn't have been a police officer with the Poquoson Police Department," Sachs said.
Alexander argued that "just because the Hampton Police Department didn't give him a bad recommendation doesn't mean there's nothing in the records the commonwealth can't use."
Substitute Circuit Judge R. Bruce Long said that under some case law the fact that there was a reprimand and the basis for the reprimand could be used in the sentencing, but case law prohibiting the release of personnel files was very clear in stating that the file could not be released.
McGee is scheduled for a jury trial in August.
Copyright 2012 - Daily Press, Newport News, Va.
