About the Trial

As has been stated, the criminal trial of Commonwealth of Virginia v. John P. Bloxham was this last week. On Thursday, the jury found John guilty of murder in the first degree (which is really hard to get!), and on Friday recommended that he be sentenced to 35 years in prison. The actual sentencing is scheduled to take place on May 16, 2008.

The trial started Monday. Mom testified that day, as did some emergency responders, residents of the neighborhood where it happened (including the wonderful Mrs. Kim Miller), and the medical examiner. The ME’s testimony was especially hard to listen to because it detailed everything that happened to my brother’s body that night, both from the assault itself and from medical intervention while they were trying to save him. It was also hard just knowing that so many photographs of Todd’s body were being displayed in open court, though thankfully the spectators didn’t get much of a view. (I did get some recompense on Wednesday, though, when photos of John’s body -- taken the night of his arrest to show his complete lack of physical injuries, in contradiction of his claim of self defense -- were also displayed in open court. That I didn’t feel bad about at all!)

Most of Tuesday was spent with a single witness on the stand, Detective Anderson from Crime Scene, who detailed all the forensic evidence that was gathered, how it was gathered, who each item was sent to, etc. etc. That was grueling and tedious, and I didn’t stay in the courtroom to hear all of it. (It did give me renewed appreciation for the judge and jurors who had to sit alertly through everything the entire time!) Finally, at about 4pm or so, they put Carrie on the stand. She did a great job testifying, but again, it was hard for her and for us reliving the events of that night.

On Wednesday morning, Carrie returned to the stand for cross-examination by the Defense. John’s two attorneys, by the way, were both remarkably sleazy in ways I won’t even try to enumerate. Incidentally, they were not court-appointed, meaning John paid for their services himself, and they charged him a good three to four times what any other private defense attorney in the county would have charged. But they knew John had assets, so they went for it. (I think they and John clearly deserved each other!)

Anyway, Carrie weathered her cross-examination well, but I'm sure it was hard on her. After she was done, her roommate Cheryl Smith testified. Then Detective Shillingford from Homicide took the stand. He was the lead investigator on the case and was absolutely brilliant.

At some point, there was also a toxicologist who testified about some of the lab work done on tissue samples taken during the autopsy. The Defense had been claiming that my brother attacked John in a “drunken rage” that night. (Right. Todd had never tasted an alcoholic beverage in his life.) They were basing this claim on the fact that the labs showed he had a blood alcohol concentration of a whopping .03%. The toxicologist showed that although there was alcohol present in the blood, there wasn’t any in the viscous humor, meaning the alcohol in his system didn’t get there by consumption. Rather, it was the result of postmortem ethanol formation which took place while his body sat for a few days awaiting autopsy. The Defense had this information all the time, but they never did have any compunction about twisting facts.

Somewhere in there, a DNA expert also testified to establish that some of Todd’s blood was found on a glove found in John’s house. I don’t remember when he took the stand, though. (Maybe Wednesday?)

Finally, the prosecution rested and the Defense called its two witnesses. The first one was John himself, who let us all know what a selfless and virtuous person he is, faithful in his religion, a pillar of the community, yadda, yadda, yadda. He was also, evidently, quite athletic. He even described -- and I quote -- the “scissors action” he did with his arms to deflect the blows my Herculean brother was supposedly hurling at him with lethal force. At one point, when Katie Swart (our prosecutor) asked him why he put the gun in his fanny pack to begin with, he looked kind of nonplussed and responded, “Because it fit.” (Listening to him was creepy and surreal -- he is such a piece of work!)

The second witness for the Defense was one of the police officers present for the initial interrogation the night John was taken into custody. He had made a number of edits to his notes, and the Defense wanted to point one of them out (just one). Namely, they wanted the whole world to know that at one point Detective Shillingford “told” John something rather than “asking” him. Within the context of the entire interrogation, which had lasted for hours and contained an enormous amount of information, that one edit was meaningless. The Defense had no interest in asking the officer why he’d made the edit, or asking him to comment on the interrogation itself. After that, the Defense rested.

Closing arguments were given Thursday morning. Katie’s was eloquent and to the point. The Defense’s was ridiculous and shameful -- according to them, the whole business was one big conspiracy on the part of the entire law enforcement community to implicate an innocent man. Oh yes, and their other “point” was that Todd wasn't an important person to begin with, so his loss really didn't merit so much fuss. The jury deliberated for about seven hours -- quite possibly the longest seven hours of my life! They came back with the verdict, and we were all walking on air after that. Carrie’s brother Josh put it well when he said, “Each breath is a lighter breath, each step is a lighter step.” I can’t describe the relief we felt. For us, this wasn’t about revenge, but about keeping Carrie safe from an obsessed sociopath who should never again be allowed back on the streets. Knowing he was convicted and would be sent to prison was a major load off our minds!

On Friday morning, we convened for impact statements. I went first -- it was my first time testifying under oath before a jury -- then Dad, and then Mom. Then John went. He talked about all the ways his life has been hard and why the jury should be lenient (true to form, everything was about him). Then, only when prompted by his attorney, he apologized to Carrie, to my parents, and then to me. (Hearing him say my name and turn to face me was creepy enough -- I wish he’d just left me out of it!) Not surprisingly, his entire statement was contrived. He said the apology was long overdue and that he’d have given it much sooner if the legal proceedings hadn’t prevented him from discussing the case. (Translation: If I hadn’t been spending all these months trying to get away with murder, I would have been free to say I was sorry sooner.) Fortunately, my family and I are intent on forgiving him, gradually, as we’re able to let go aspects of our pain here and there -- but if anything, we’ll forgive him in spite of his apology, not because of it. The best way I can characterize his performance is as an unpleasant waste of time we had to listen to.

After our statements, attorneys from both sides spoke, the judge gave the jury some more instructions, and they went out to deliberate. A couple of hours later, they came back with a recommendation of 35 years. The final sentencing hearing was scheduled for May 16th. In the meantime, we’ll be gathering more victim impact materials to submit to the judge.

There are so many people who have been so wonderful, helping and supporting us through this whole saga. I can’t possibly name everyone, but I do want to give special thanks to the following people who were instrumental in this week’s success: Detective Steven Shillingford and the rest of the police force of Fairfax County. It was evident in court that they are a dedicated, competent, and highly professional organization. Huge thanks also to Katie Swart (Assistant Commonwealth’s Attorney), Mrs. Kim Miller (the good samaritan who assisted my brother in his last moments of consciousness, and who relayed his vital message about who had shot him), Fairfax County Fire and Rescue, all the other experts who testified, Judge Charles J. Maxfield, Jeannie Kuley (our wonderful VWAP counselor), and... dah dah dah... the jury! They were a very special group of people who did a great job discerning truth from falsehood.

As a side note, it turns out our jury foreman was Mark V. Rosenker, Chairman of the National Transportation Safety Board, who reports directly to President Bush. I would imagine he’s sat through many hearings in his lifetime, and I’m sure he was instrumental in guiding the jury members to their decision. Thank you, Mr. Rosenker!

Here’s a brief snippet about the case from the newspaper: http://www.washingtonpost.com/wp-dyn/content/article/2008/03/14/AR2008031404014.html

And with that, before this post gets any longer, I’m ending here!

Love,
Lisa

Jury's Recommended Sentence

The jury has recommended a sentence of 35 years for John Bloxham according to a news media report.

The Grand Jury, and a Note to Thems That Know Stuff

The grand jury phase of John's case has been the least troubling thus far -- they returned an indictment yesterday. Hooray.

Our next step is to wait for the trial. We have a friend whose husband was murdered a few years ago. (WHY do people feel the need to murder each other?!) Anyway, in her case, the time between commission of the crime and the trial's conclusion was a little over two years. Make yourselves comfortable, everyone. It's going to be a long ride.

Meanwhile, I would encourage anyone who has any first-hand knowledge of anything relating to John or this case, to PLEASE WRITE DOWN EVERYTHING YOU KNOW. It will probably be a long time before trial, and your memory is bound to dim between now and then. Write down as much as you know now, and stick to the facts. Don't speculate. Don't gossip. DO make sure you share everything you know with Detective Steven Shillingford (703-246-7858), no matter how trivial it seems to you now. Also, don't assume you won't be called upon to testify. As a family, we're already learning that more people may have to testify at this thing than we ourselves would have assumed.

Thanks much.

Love,
Lisa

Update on Bail Status

A hearing was held in court before the pliminary hearing this week. In fact it was several weeks ago. And it was determined by a judge that John, the person suspected of killing Todd, will be held without bail for the time being.

Preliminary Hearing

On Monday, we had what's called a preliminary hearing in Fairfax County General District Court. When a person is charge with a felony (in Virginia), they're entitled to a pretrial hearing, which is basically a sort of mini-trial without a jury, where a judge decides if there's probable cause to proceed with indicting and trying the person, or not (in which case, the charges would either be reduced or dismissed altogether). The preliminary hearing takes place before discovery, and it is generally in the prosecutor's interest to refrain from offering up all of their evidence at the hearing. They want to present enough evidence to pass snuff with the judge, but not more.

Chief Judge Donald P. McDonough presided at Monday's hearing. (I rather liked the man -- he seemed competent, fair, and down-to-earth.) Carrie and Detective Shillingford testified (and they both did an excellent job). Katie Swart argued for the prosecution, and Mark Dycio (an associate of Jim Love) argued for the defense. Jim Love was also present at the defense table. Our social worker from V/WAP also attended and sat with us in the gallery -- it was very nice to finally meet her in person.

The hearing was emotionally hard on us (especially on Carrie who had to testify), but the outcome was good. Chief Judge McDonough determined that there is probable cause to believe that the accused person committed the offense, and certified the case to the grand jury. The grand jury hearing will take place on Monday, but we won't be involved in that (grand jury proceedings are closed). We're not worried about that step, though -- the evidence is good and (to paraphrase Sol Wachtler) most grand juries will indict a ham sandwich. Once the indictment comes through, our next step will be to wait...and wait...and wait...until the trial rolls around, which will be months from now. Of course, we could all be saved a lot of time, trouble, and expense if John would just fess up and admit to doing what he clearly did -- but none of us are holding our breath for that to happen.

I would like to make one request regarding the trial, which will be in Circuit Court: whoever reads this, please offer prayers that we'll get a good judge who will handle the case fairly, rationally, and in accordance with the law. (If you've been reading this blog, you know there's at least one judge in the Fairfax County Circuit Court pool who hasn't always behaved that way.) So much will hinge on what evidence the judge deems admissible. So please pray that we'll be assigned a good judge.

Love,
Lisa

P.S. A note about the charges: For the purpose of the preliminary hearing, the prosecution moved to temporarily amend the charges from "murder in the first degree" to simply "murder," with no degree specified, while reserving the right to specify the degree prior to trial. The defense agreed to the amendment, reserving the right to object to whatever degree the prosecution moves to specify later. The reason for the amendment was purely strategic -- under Virginia statute, if the charge is murder without a degree specified, the court must presume that it's murder in the second degree, even though that isn't explicitly stated. The advantage for the prosecution is that it lowers the burden of proof needed to "pass" the preliminary hearing, so they don't have to play as many of their cards this early in the case. Not a bad strategy, really. Still, rumors have been flying that the charge has been permanently reduced. Make no mistake, the prosecution fully intends to charge John with murder in the first degree. And if the defense objects to the degree being reinstated in the charge, there's really not a lot they can do about it.

P.P.S. The Virginia Courts Case Information online now shows the amended charge as being murder in the 2nd degree. That is either a typo by the clerk, or a system default for murder that has no degree specified. (My guess is the latter.) Once again, I repeat, the prosecution fully intends to charge John with murder in the first degree. The amendment is only temporary.

Thanks.

Epic Drama Unfolding: "As the Bail Turns"

The status of John's bond (i.e., bail) is quickly becoming a soap opera, so much so that I thought I would start a new post to talk about it, rather than stringing my comments onto the old one.

Anyway, to recap "from our last episode": John was denied bond by a magistrate following his arraignment on July 2nd. Last Thursday, his attorney filed a motion for a District Court judge to review the magistrate's ruling. On Friday, the District Court judge looked at the case, acknowledged a few obvious facts, and promptly upheld the magistrate's original ruling denying him bond. John's attorney immediately filed an appeal to the Circuit Court, and a hearing was scheduled for Wednesday morning.

And now for the continuing saga: The hearing was Wednesday morning. Nobody thought he'd be given bond. But, lo and behold, the Circuit Court judge granted his request. That was very surprising (and dismaying) to a lot of us. People are now going into hiding.

Evidently this Circuit Court judge was a former defense attorney, which may or may not have been a factor in his decision. He might simply have been bored, out-to-lunch, drunk, smoking pot, or just plain stupid. Who knows? Dad says the hearing lasted about ten minutes, and that most of that time was monopolized by John's attorney. He went on and on, claiming that John was a wonderful guy with ties to the community, that the shooting was done in self-defense (which isn't true and should not have been considered relevant in a bond hearing anyway), and that the prosecution didn't have any evidence to support the notion that John is an obsessed, stalking sociopath, and thus a danger to himself or others. The prosecution was given very little time to say "actually, yes, we really do have evidence, starting with..." etc. etc. etc.

Most people charged with crimes in America are granted bond -- in other words, they're given the option of putting up collateral in the form of bail with an agreement to stay in town and otherwise behave themselves -- in exchange for being able to spend their pre-trial days/weeks/months/years out of jail. The idea is that you're innocent until proven guilty, so the government shouldn't ruin your life prior to conviction. Most people, however, aren't being charged with first degree murder.

In the Commonwealth of Virginia, first degree murder is a class 2 felony, punishable by 20 years to life. Under Virginia statute, a judge making a bond ruling in such a case is required to operate with a bias against granting the defendant what's called "admission to bail" (i.e., setting a bail amount).¹ That's subject to rebuttal by the defense, of course, but they're supposed to start with the presumption that the person is a flight risk and/or a dangerous person, which are the legal criteria for holding someone without bond. The judge is not to attempt to assess the merits of the criminal case itself, but simply determine if the person is too dangerous or too slippery to let out of jail prior to trial.

Personally, I think the judge made a grave professional error, that he ignored the statute, ignored the facts presented to him by the prosecution, and is placing innocent people in danger as a result. I think he ought to be reprimanded. I'm biased, of course, but evidently, so was he. The detective and the prosecuting attorney (who have at least half a century of professional experience between them), plus another attorney I spoke to, were all agog.

HOWEVER...

...NOTWITHSTANDING THE ABOVE...

...John is, as of this moment, still in jail. What's that you say? He was granted bond on Wednesday morning, has loads of cash, and is still sitting in the tank?!! Why, yes! He is! (The cash, by the way, also makes him a flight risk, pardon my peeve...) Anyway, he's still in jail for now -- that could change. But in the mean time, we're grateful. We're not sure of the exact sequence of events following Wednesday's hearing, but we do know the following:

• Katie Swart (our prosecutor, whom we love) quickly filed an emergency appeal which hasn't been ruled upon yet.


• John has been having trouble finding a bail bond agent who's willing to sign him up. The reason for that is not public information. But given the fact that they'll lose $400,000 if he doesn't behave himself during his release, I'm thinking that might be a factor. (Observe the subtle hint of sarcasm.)

The moral of this story is that sometimes bail bond agents are smarter than Circuit Court judges. Go figure. I'm just grateful he's still in jail, and I hope he doesn't get out.

Sooner or later, we'll see how this soap opera plays out. That is to say, "Join us next time for more thrilling drama (as we rip our hair out) in "As the Bail Turns!" Yadda, yadda, yadda...

~ Lisa

¹ The statute regarding admission to bail reads as follows: "The judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if the person is currently charged with...an offense for which the maximum sentence is life imprisonment..." (Code of Virginia, §19.2-120.B, emphasis added).

Thank You

Our special thanks to Detective Steven Shillingford as well as to everyone who has helped him in any way with this investigation. You are all doing a wonderful job and your efforts are greatly appreciated.

Carma & David

Evidence

Not that anyone would, but for those who may publish to this blog, this is a friendly reminder to please not write about any witnesses and/or evidence, related to this case in this forum. That information may be shared here after the case has been to trial.

However if anyone has any information regarding the case (good or bad), please do share it with the Fairfax County Police Department as soon as possible. Contact information is posted below.

Since we do need to share some information about the criminal case...

...here's where we'll do it.

Scott found a useful website for checking on the case of John Bloxham (Todd's assailant) online:

Virginia District Court in Fairfax County:
http://208.210.219.132/vadistrict/select.jsp
From there select "Fairfax County General District" court and click on "Begin."
Then select "Criminal."
At the next screen enter "GC07132206-00" in the case number field on the right, or enter "Bloxham, John" in the name field on the left. Hit "Search."

Also, here's a useful link for understanding the Fairfax County court process in general:
http://www.fairfaxcounty.gov/courts/cjsdesc.htm

As of this moment, here is where things stand:
On July 2nd, a magistrate ruled that John would be held in jail without bond. (Yippee!) However, that ruling is still subject to review by a judge, who may or may not decide to uphold it. John has no prior record, has ties to the community, etc. etc. His attorney may argue that holding him without bond is unreasonable for any number of reasons. On July 9th, I sent an email to our V/WAP (Victim/Witness Assistance Program) rep asking when this review by a judge will take place, along with a few other questions. I'll update this post when I learn something.

John also has until July 25th to get an attorney. More accurately, he has until July 25th to retain counsel and have said counsel go on record with the court as being his defense. If he doesn't have an attorney by then, the court will appoint one for him. If I'm not mistaken, he can also expedite the process by requesting court-appointed counsel prior to the 25th.

September 10th is the date currently set for his preliminary hearing, which is where he'll enter a plea. It is extremely possible that John's attorney will file a motion to have that date postponed, so don't hold your breath.

The Fairfax County Commonwealth's Attorney's office (703-246-2776) will appoint a prosecuting attorney to lead the case, but probably not until about three weeks (give or take) prior to the trial. In the meantime, the detectives are conducting their investigation.

The Investigation Itself:
It's important to remember that this is an ongoing investigation. Anyone with information is asked to call Crime Solvers at 1-866-411-TIPS/8477 or Fairfax County Police at 703-691-2131.

The investigation is being headed by the wonderful Det. Steven Shillingford of the Fairfax County Police Homicide Division. His office number is 703-246-7858. He can be paged at 703-612-0142. If you have any information at all that might pertain to this case, you can also give him a ring.

John Bloxham is being held at the Fairfax County Adult Detention Center (703-246-2178).

Thanks!

Lisa