Virginia Lawyers Weekly

A former assistant public defender in Lexington will serve 30 days in jail after pleading no contest earlier this month to misdemeanor sexual assault. Robert Armstrong was charged with attempting to have a female client perform a sex act during a meeting with him at the Rockbridge Regional Jail.

Robert Armstrong, 70, received a sentence of six months in jail, suspended on the condition that he serve the 30 days, and a $500 fine. He also was ordered to 12 months of probation and 24 hours of community service, said Botetourt County Commonwealth’s Attorney Joel Branscom, the special prosecutor in the case. Armstrong has until February to report to serve his time.

Branscom said he was prepared to indict Armstrong on a felony charge of carnal knowledge of an inmate, but he acknowledged that the Virginia Code is unclear as to whether a retained attorney falls within the scope of the law. The code, in § 18.2-64.2, makes sex with an inmate a Class 6 felony for certain specified officials, including those “in a position of authority over the inmate.”

Armstrong’s attorney, Ray Ferris, negotiated a plea to the misdemeanor charge, avoiding any test of the felony statute.

Branscom explained that, although the female client reported incidents in which she and Armstrong had consensual sex at the jail, there was no corroborating evidence. With the client’s consent, investigators installed a camera in the meeting room used by Armstrong for the attorney-client conferences. The resulting videotape showed Armstrong placing the woman’s hand on his body and making a sexual suggestion, according to Branscom.

Ferris contended that the recorded incident was mutually consensual, but acknowledged that it should not have happened in the jail.

The status of Armstrong’s law license is in the hands of the Virginia State Bar.

Armstrong had worked as a part-time public defender. David J. Johnson, executive director of the Virginia Indigent Defense Commission, reported in October that Armstrong no longer worked in that role. Johnson noted, however, that the jailhouse misconduct did not involve a public defender client.

Close this Window Bookmark and Share This Page

Save to Browser Favorites / Bookmarks

Print RSS Feed Ask backflip blinklist BlogBookmark Bloglines BlogMarks Blogsvine BuddyMarks BUMPzee! CiteULike co.mments

Connotea del.icio.us Digg diigo DotNetKicks DropJack dzone Facebook Fark Faves Feed Me Links Friendsite folkd.com

Furl Google Hugg Jeqq Kaboodle kirtsy linkaGoGo linkedin LinksMarker Ma.gnolia Mister Wong Mixx MySpace

MyWeb Netvouz Newsvine oneview OnlyWire PlugIM Propeller Reddit Rojo Segnalo Shoutwire Simpy Slashdot

Sphere Sphinn Spurl Squidoo StumbleUpon Technorati ThisNext Tumblr Twitter Webride Windows Live Yahoo!

Email This to a Friend

Copy HTML: 

 If you like this then please subscribe to the RSS Feed.

More »