CHARLOTTESVILLE (WINA) – On the day Charlottesville SURJ and Black Lives Matter are encouraging people to come out to a court proceeding involving Donald Blakney, Commonwealth’s Attorney Joe Platania releases a statement saying “the pending prosecutions… will move forward”. Platania responds to “a number of calls and emails asking that charges be dropped” against Blakney, Corey Long, and DeAndre Harris. SURJ and Black Lives Matter say their actions August 12th were justified in fighting neo-Nazis and white supremacists who enacted violence against them… and the community at-large.

However, Platania’s letter says, “A prosecutor should always strive to apply the law to the facts of each case without bias or favor. Charging decisions and subsequent prosecutions must be undertaken without regard to gender, race, ethnicity, or political ideology.”

He ends the letter writing “criminal warrants are not evidence of guilt and that each individual who has been charged is presumed to be innocent.  The entire content of the letter follows:

“CHARLOTTESVILLE, VA – The Charlottesville Commonwealth Attorney’s Office is currently prosecuting several criminal cases arising out of the events that occurred in our City on August 12th of last year. 

 

The office has received a number of calls and e-mails asking that charges be dropped in three of those cases: Donald Blakney (charged with Malicious Wounding), Deandre Harris (charged with Misdemeanor Assault and Battery), and Corey Long (charged with Misdemeanor Assault and Battery and Misdemeanor Disorderly Conduct.)

 

Many citizens have powerfully expressed the pain and trauma inflicted upon our community this past summer. Public feedback and engagement is an important part of the justice system and is welcome.

 

When allegations are made involving physical violence against another person, this office will endeavor to work with law enforcement to identify, gather, and evaluate all admissible and relevant evidence related to the alleged incident. A decision to charge and prosecute will be made only after careful consideration of that evidence.

 

A prosecutor should always strive to apply the law to the facts of each case without bias or favor. Charging decisions and subsequent prosecutions must be undertaken without regard to gender, race, ethnicity, or political ideology. Public safety and confidence in the fair and impartial administration of justice depend upon even-handed accountability for those who violate our laws.

 

It has long been a guiding principle of this office that those who perpetrate violence in our community must be held accountable and those who have violence inflicted upon them must be protected. I plan to continue to adhere to that principle and the pending prosecutions referenced above will move forward. I wish to thank the public for their thoughtful and important input.

 

Rule 3.6 of the Virginia State Bar’s Rules of Professional Conduct for Attorneys states, in pertinent part: “A lawyer participating in or associated with the… prosecution … of a criminal matter that may be tried to a jury shall not make or participate in making an extrajudicial statement… that the lawyer knows, or should know, will have a substantial likelihood of interfering with the fairness of a trial by jury.” As a result, the Office of the Commonwealth’s Attorney for the City of Charlottesville will have no further comment at this time.

 

Please bear in mind that criminal warrants are not evidence of guilt and that each individual who has been charged is presumed to be innocent. “