January 21, 2015

PRESS RELEASE:

Joe Morrissey indicted for felony fraud conducted upon Henrico Circuit Court:

When Delegate Joe Morrissey pled guilty/Alford to misdemeanor contributing to the delinquency of his 17 year old receptionist in Henrico Circuit Court on 12/12/14, the Commonwealth then agreed as part of this plea deal to withhold any further criminal charges arising from Morrissey’s past criminal conduct pertaining to this matter. However, this plea deal did not cover any new crimes committed by Morrissey.

Unfortunately for Mr. Morrissey it recently came to light that the purported Chesterfield JDR child support order pertaining to “MP”, his 17 year old receptionist, which “order” Morrissey introduced into evidence at his 12/12/14 plea hearing is by all evidence aforgery. You will recall that in Morrissey’s purported defense “version” of facts contained in his 12/12/14 guilty plea agreement he stressed that the real reason MP was found in alone in his home with him at mid-night on 8/23/13 was not to have sex with him again as contended by the Commonwealth, but “was to speak to him about her father’s failure to pay $18,000 in court-ordered child support that was to have been saved for her college expenses” – which defense claim now also proves to be totally false. There is no record in the Chesterfield JDR Court file that MP’s father was ever ordered to pay child support for MP – only that a child custody agreement was approved by that court. Indeed the entire 2d. page of the purported “court order” introduced into evidence by Morrissey appears to be a fabrication.

In Virginia it is a felony punishable from 2-10 years in prison in violation of Code section 18.2-168 to utter (present as true) a forged public record such as this fabricated court order. Additionally, Morrissey caused MP’s mother, Deidra Warren, to testify at his plea hearing in which she falsely asserted that the forged order was true and correct, which is alleged to constitute perjury, a felony punishable by up to 10 years in prison.

Accordingly, on 1/12/15 the Henrico County Grand Juryissued the following direct indictments all arising from Mr. Morrissey’s and Ms. Warren’s 12/12/14 conduct in court:

Morrissey:

  • Felony uttering a forged public record; and
  • Felony conspiracy to utter forged record ( 1-10 years);
  • Felony inducing perjury – Code section 18.2-436 (1-10 years); and
  • Perjury.

Warren:

  • Felony uttering a forged public record; and
  • Perjury; and
  • Conspiracy to utter forged public record.

Judge C. Hammond then on 1/12/15 sealed these indictments and issued a “gag” order until a new trial judge designate could be appointed by the Virginia Supreme Court, since Delegate Morrissey still represents part of Henrico County. Last week the Supreme Court appointed Judge A. Swersky (retired from Alexandria circuit court) as the new trial judge designate in this case.

Today Judge Swersky unsealed the indictments, issued bench warrants (capias) for Morrissey and Warren and lifted the “gag” order. Judge Swerskyindicated today in court that he will be appointing a new special prosecutor effective 2/9/15 to handle these new indictments.

Until 2/9/15 it has fallen to me, as the present special prosecutor, to advise and assist the Henrico Police in this matter since Delegate Morrissey’s representation of part of Henrico County still causes a conflict of interest for Shannon Taylor, CA for Henrico. In July 2014 Judge Designate Bass entered an expanded special prosecutor order in the Morrissey matter appointing me and my assistant prosecutors “to investigate and prosecute this entire matter, as well as any matters arising from it until its completion…” Further, since these new crimes occurred in Henrico Circuit Court on 12/12/14 before Judge Bass had finished accepting Morrissey’s guilty plea and sentenced him, then they fell under my jurisdiction as special prosecutor to handle.[1]

As has been the case throughout this long investigation and prosecution of Delegate Morrissey, the Henrico Police Department has performed its investigation with incredibly professional diligence and expertise for which I again thank them.

William F. Neely, Special Prosecutor

[1] In Virginia commonwealth’s attorneys appointed as special prosecutors receive no additional pay or compensation for their additional duties. Indeed, all that this prosecutor has received for over 1 year of work in this matter is reimbursement of his mileage expenses to and from Henrico County.